S.B. 405
- *SB405*
SENATE BILL NO. 405–COMMITTEE ON
LEGISLATIVE OPERATIONS AND ELECTIONS
(ON BEHALF OF THE OFFICE OF THE GOVERNOR)
MARCH 27, 2023
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-1090)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to elections; requiring, with certain exceptions,
proof of identity for voting in person; requiring the
Department of Motor Vehicles, under certain
circumstances, to issue a voter identification card at no
charge; eliminating the requirement that a county or city
clerk send a mail ballot to each registered voter;
authorizing a voter to request a mail ballot; establishing
procedures relating to requesting a mail ballot; revising
provisions relating to mail ballots; requiring a voter to
include certain personal identifying information with his
or her mail ballot; revising the deadline by which a mail
ballot must be received; establishing certain requirements
for a person who returns a mail ballot on behalf of a voter;
providing penalties; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law requires, under certain circumstances, that a person provide 1
certain information to vote in person which may include, depending on the 2
circumstances, proof of residency and identity, answering questions covering the 3
voter’s personal data or providing additional personal data. (NRS 293.2725, 4
293.277, 293.285, 293.287, 293.303, 293.3075, 293.3081, 293.3082, 293.3085, 5
293.3585, 293.541, 293C.270, 293C.272, 293C.275, 293C.277, 293C.292, 6
293C.3035, 293C.3585) Sections 18-22, 25, 30, 57-60, 62 and 64 of this bill 7
require, with certain exceptions, that a person provide one of the forms of proof of 8
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identity specified in section 2 of this bill to vote in person. Section 2 sets forth the 9
acceptable forms of proof of identity, which include, without limitation: (1) certain 10
government-issued documents or identity cards that show a recognizable 11
photograph of the person to whom the document or card is issued; and (2) certain 12
documentation from an administrator of certain health care facilities that are 13
licensed by the State. Section 23 of this bill requires the Secretary of State and each 14
county and city clerk to ensure that instructions concerning the proof of identity 15
required to vote are posted at each polling place. Sections 9, 12, 29, 33-42, 47, 50 16
and 63 of this bill make various conforming changes to existing provisions to 17
reflect the requirement to provide proof of identity to vote in person. 18
Sections 3 and 4 of this bill require: (1) the Department of Motor Vehicles to 19
issue a voter identification card, free of charge, to a registered voter who does not 20
possess one of the acceptable forms of proof of identity and who is experiencing 21
financial hardship; and (2) the registered voter to submit certain information with 22
an application for the identification card. Section 5 of this bill requires the 23
Secretary of State to adopt regulations relating to the issuance of such a voter 24
identification card. 25
Existing law requires a voter who votes by mail ballot to affix his or her 26
signature on the return envelope of the mail ballot for the county clerk or city clerk 27
to check the signature to verify the identity of the voter. (NRS 293.269917, 28
293.269927, 293C.26316, 293C.26327) Sections 13 and 51 of this bill also require 29
a voter who votes by mail ballot to write on the return envelope: (1) the last four 30
digits of his or her social security number; or (2) his or her driver’s license number 31
or identification card number. Sections 16 and 55 of this bill require the county or 32
city clerk, as applicable, to verify that the identifying numbers written on the return 33
envelope match the information of the voter in the records of the county clerk or 34
city clerk. Sections 11 and 49 of this bill require the return envelope sent with a 35
mail ballot to include a flap to cover the identifying numbers of the voter. 36
Sections 24 and 61 of this bill provide that a person applying to vote whose 37
identity has been challenged must furnish proof of identity in response to such a 38
challenge. 39
Section 26 of this bill authorizes, under certain circumstances, a person who 40
fails to provide proof of identity when voting in person to cast a provisional ballot. 41
Section 27 of this bill makes conforming changes to the information that must be 42
provided by a person who casts a provisional ballot. Section 28 of this bill provides 43
that the provisional ballot of such a voter must be counted if the person provides 44
proof of identity to the county or city clerk not later than 5 p.m. on the Friday 45
following election day. 46
Existing law requires the county and city clerks to distribute a mail ballot to 47
each active registered voter for every election. (NRS 293.269911-293.269937, 48
293C.263-293C.26337) Sections 6, 7, 44 and 45 of this bill instead require a mail 49
ballot to be distributed only upon request by the registered voter. Sections 10, 11, 50
13, 31, 32, 48, 49, 51, 54, 56 and 65 make conforming changes to various 51
provisions governing mail ballots to reflect that such mail ballots must be 52
requested. 53
Existing law requires that a mail ballot that is mailed to a county or city clerk 54
be postmarked on or before the day of the election and received by 5 p.m. on the 55
fourth day following the election. (NRS 293.269921, 293.269923, 293C.26321, 56
293C.26323) Sections 14, 15, 52 and 53 of this bill revise this deadline to instead 57
require that a mail ballot that is mailed to a county or city clerk be received on or 58
before the time set for closing of the polls on the day of the election. 59
Existing law provides that a person authorized by a voter may return a mail 60
ballot on behalf of the voter. (NRS 293.269923, 293C.26323) Sections 15 and 53 61
instead provide that, with certain exceptions, a person authorized by a voter to 62
return a mail ballot: (1) must submit an affidavit; (2) may not return more than 30 63
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mail ballots; and (3) following the election must submit a report to the Secretary of 64
State which includes each voter on whose behalf the person returned a mail ballot. 65
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 7, inclusive, of this 2
act. 3
Sec. 2. 1. “Proof of identity” means: 4
(a) A document or identity card that: 5
(1) Is issued by this State, the United States or a federally 6
recognized Indian tribe; 7
(2) Shows the name, signature and a recognizable 8
photograph of the person to whom the document or identity card is 9
issued; and 10
(3) If the document or identity card is issued by this State 11
other than a voter identification card issued by the Department of 12
Motor Vehicles pursuant to section 3 of this act, bears an 13
expiration date that is not before the date of the election for which 14
the document or identity card is offered as proof of identity; or 15
(b) A document provided by the administrator of a licensed 16
medical facility or licensed facility for the dependent to a resident 17
of the facility attesting to the person’s identity and that he or she is 18
a resident of the facility. 19
2. As used in this section: 20
(a) “Facility for the dependent” has the meaning ascribed to it 21
in NRS 449.0045. 22
(b) “Medical facility” has the meaning ascribed to it in 23
NRS 449.0151. 24
Sec. 3. 1. The Department of Motor Vehicles shall issue a 25
voter identification card at no charge to a person who: 26
(a) Is a registered voter of this State; 27
(b) Does not possess a form of proof of identity described in 28
section 2 of this act; 29
(c) Attests that he or she is experiencing a financial hardship; 30
and 31
(d) Submits an application pursuant to section 4 of this act. 32
2. A voter identification card issued by the Department 33
pursuant to this section: 34
(a) Is valid for as long as the person is registered to vote and 35
resides at the address set forth on the card; and 36
(b) Must contain the name, address, date of birth, sex, height, 37
weight, eye color, photograph and signature of the person to 38
whom it is issued. 39
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Sec. 4. 1. A person who wishes to obtain a voter 1
identification card at no charge pursuant to section 3 of this act 2
must submit to the Department of Motor Vehicles: 3
(a) An application in the form prescribed by the Secretary of 4
State; 5
(b) Proof that the applicant is a registered voter of this State; 6
and 7
(c) An attestation that he or she is experiencing financial 8
hardship. 9
2. The Department of Motor Vehicles shall not require a 10
person who submits an application pursuant to this section to 11
provide proof of financial hardship. 12
Sec. 5. 1. The Secretary of State shall adopt any 13
regulations necessary to carry out the provisions of sections 3 and 14
4 of this act. 15
2. Before adopting any regulation relating to the issuance of 16
a voter identification card by the Department of Motor Vehicles, 17
the Secretary of State shall consult with the Director of the 18
Department of Motor Vehicles. 19
Sec. 6. 1. Except as otherwise provided in subsection 2, 20
NRS 293.272 and 293.502 and chapter 293D of NRS, a registered 21
voter may request a mail ballot if, before 5 p.m. on the 14th 22
calendar day preceding the election, the registered voter provides 23
sufficient written notice to the county clerk in the form prescribed 24
by the Secretary of State. A registered voter is not required to show 25
cause to request a mail ballot. 26
2. A registered voter with a disability may use the system for 27
approved electronic transmission established by the Secretary of 28
State pursuant to subsection 2 of NRS 293D.200 to request a mail 29
ballot in accordance with NRS 293.269951. 30
3. It is unlawful for a person fraudulently to request a mail 31
ballot in the name of another person or to induce or coerce 32
another person fraudulently to request a mail ballot in the name 33
of another person. A person who violates this subsection is guilty 34
of a category E felony and shall be punished as provided in 35
NRS 193.130. 36
Sec. 7. A county clerk shall not mail a mail ballot requested 37
by a registered voter if, after the request is submitted: 38
1. The registered voter is designated inactive pursuant to NRS 39
293.530; or 40
2. The county clerk cancels the registration of the person 41
pursuant to NRS 293.530, 293.535 or 293.540. 42
Sec. 8. NRS 293.010 is hereby amended to read as follows: 43
293.010 As used in this title, unless the context otherwise 44
requires, the words and terms defined in NRS 293.016 to 293.121, 45
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inclusive, and section 2 of this act have the meanings ascribed to 1
them in those sections. 2
Sec. 9. NRS 293.177 is hereby amended to read as follows: 3
293.177 1. Except as otherwise provided in NRS 293.165 4
and 293.166, a name may not be printed on a ballot to be used at a 5
primary election unless the person named has filed a declaration of 6
candidacy with the appropriate filing officer and paid the filing fee 7
required by NRS 293.193 not earlier than: 8
(a) For a candidate for judicial office, the first Monday in 9
January of the year in which the election is to be held and not later 10
than 5 p.m. on the second Friday after the first Monday in January; 11
and 12
(b) For all other candidates, the first Monday in March of the 13
year in which the election is to be held and not later than 5 p.m. on 14
the second Friday after the first Monday in March. 15
2. A declaration of candidacy required to be filed pursuant to 16
this chapter must be in substantially the following form: 17
(a) For partisan office: 18
19
DECLARATION OF CANDIDACY OF ........ FOR THE 20
OFFICE OF ................ 21
22
State of Nevada 23
24
County of ........................... 25
26
For the purpose of having my name placed on the official 27
ballot as a candidate for the ................ Party nomination for 28
the office of ........., I, the undersigned ........, do swear or 29
affirm under penalty of perjury that I actually, as opposed to 30
constructively, reside at .........., in the City or Town of ......., 31
County of .........., State of Nevada; that my actual, as opposed 32
to constructive, residence in the State, district, county, 33
township, city or other area prescribed by law to which the 34
office pertains began on a date at least 30 days immediately 35
preceding the date of the close of filing of declarations of 36
candidacy for this office; that my telephone number is 37
............, and the address at which I receive mail, if different 38
than my residence, is .........; that I am registered as a member 39
of the ................ Party; that I am a qualified elector pursuant 40
to Section 1 of Article 2 of the Constitution of the State of 41
Nevada; that if I have ever been convicted of treason or a 42
felony, my civil rights have been restored; that I have not, in 43
violation of the provisions of NRS 293.176, changed the 44
designation of my political party or political party affiliation 45
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on an official application to register to vote in any state since 1
December 31 before the closing filing date for this election; 2
that I generally believe in and intend to support the concepts 3
found in the principles and policies of that political party in 4
the coming election; that if nominated as a candidate of the 5
................ Party at the ensuing election, I will accept that 6
nomination and not withdraw; that I will not knowingly 7
violate any election law or any law defining and prohibiting 8
corrupt and fraudulent practices in campaigns and elections in 9
this State; that I will qualify for the office if elected thereto, 10
including, but not limited to, complying with any limitation 11
prescribed by the Constitution and laws of this State 12
concerning the number of years or terms for which a person 13
may hold the office; that I understand that knowingly and 14
willfully filing a declaration of candidacy which contains a 15
false statement is a crime punishable as a gross misdemeanor 16
and also subjects me to a civil action disqualifying me from 17
entering upon the duties of the office; and that I understand 18
that my name will appear on all ballots as designated in this 19
declaration. 20
21
.................................................................. 22
(Designation of name) 23
24
.................................................................. 25
(Signature of candidate for office) 26
27
Subscribed and sworn to before me 28
this ...... day of the month of ...... of the year ...... 29
30
........................................................................ 31
Notary Public or other person 32
authorized to administer an oath 33
34
(b) For nonpartisan office: 35
36
DECLARATION OF CANDIDACY OF ........ FOR THE 37
OFFICE OF ................ 38
39
State of Nevada 40
41
County of ........................... 42
43
For the purpose of having my name placed on the official 44
ballot as a candidate for the office of ................, I, the 45
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undersigned ................, do swear or affirm under penalty of 1
perjury that I actually, as opposed to constructively, reside at 2
........., in the City or Town of ......., County of ........., State of 3
Nevada; that my actual, as opposed to constructive, residence 4
in the State, district, county, township, city or other area 5
prescribed by law to which the office pertains began on a date 6
at least 30 days immediately preceding the date of the close 7
of filing of declarations of candidacy for this office; that my 8
telephone number is ..........., and the address at which I 9
receive mail, if different than my residence, is ..........; that I 10
am a qualified elector pursuant to Section 1 of Article 2 of the 11
Constitution of the State of Nevada; that if I have ever been 12
convicted of treason or a felony, my civil rights have been 13
restored; that if nominated as a nonpartisan candidate at the 14
ensuing election, I will accept the nomination and not 15
withdraw; that I will not knowingly violate any election law 16
or any law defining and prohibiting corrupt and fraudulent 17
practices in campaigns and elections in this State; that I will 18
qualify for the office if elected thereto, including, but not 19
limited to, complying with any limitation prescribed by the 20
Constitution and laws of this State concerning the number of 21
years or terms for which a person may hold the office; that I 22
understand that knowingly and willfully filing a declaration 23
of candidacy which contains a false statement is a crime 24
punishable as a gross misdemeanor and also subjects me to a 25
civil action disqualifying me from entering upon the duties of 26
the office; and that I understand that my name will appear on 27
all ballots as designated in this declaration. 28
29
.................................................................. 30
(Designation of name) 31
32
.................................................................. 33
(Signature of candidate for office) 34
35
Subscribed and sworn to before me 36
this ...... day of the month of ...... of the year ...... 37
38
........................................................................ 39
Notary Public or other person 40
authorized to administer an oath 41
42
3. The address of a candidate which must be included in the 43
declaration of candidacy pursuant to subsection 2 must be the street 44
address of the residence where the candidate actually, as opposed to 45
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constructively, resides in accordance with NRS 281.050, if one has 1
been assigned. The declaration of candidacy must not be accepted 2
for filing if the candidate fails to comply with the following 3
provisions of this subsection or, if applicable, the provisions of 4
subsection 4: 5
(a) The candidate shall not list the candidate’s address as a post 6
office box unless a street address has not been assigned to his or her 7
residence; and 8
(b) Except as otherwise provided in subsection 4, the candidate 9
shall present to the filing officer: 10
(1) A valid driver’s license or identification card issued by a 11
governmental agency that contains a photograph of the candidate 12
and the candidate’s residential address; or 13
(2) A current utility bill, bank statement, paycheck, or 14
document issued by a governmental entity, including a check which 15
indicates the candidate’s name and residential address, but not 16
including a voter registration card. 17
4. If the candidate executes an oath or affirmation under 18
penalty of perjury stating that the candidate is unable to present to 19
the filing officer the proof of residency required by subsection 3 20
because a street address has not been assigned to the candidate’s 21
residence or because the rural or remote location of the candidate’s 22
residence makes it impracticable to present the proof of residency 23
required by subsection 3, the candidate shall present to the filing 24
officer: 25
(a) A valid driver’s license or identification card issued by a 26
governmental agency that contains a photograph of the candidate; 27
and 28
(b) Alternative proof of the candidate’s residential address that 29
the filing officer determines is sufficient to verify where the 30
candidate actually, as opposed to constructively, resides in 31
accordance with NRS 281.050. The Secretary of State may adopt 32
regulations establishing the forms of alternative proof of the 33
candidate’s residential address that the filing officer may accept to 34
verify where the candidate actually, as opposed to constructively, 35
resides in accordance with NRS 281.050. 36
5. The filing officer shall retain a copy of the documents and 37
proof of [identity and] residency provided by the candidate pursuant 38
to subsection 3 or 4. Such a copy: 39
(a) May not be withheld from the public; and 40
(b) Must not contain the social security number, driver’s license 41
or identification card number or account number of the candidate. 42
6. By filing the declaration of candidacy, the candidate shall be 43
deemed to have appointed the filing officer for the office as his or 44
her agent for service of process for the purposes of a proceeding 45
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pursuant to NRS 293.182. Service of such process must first be 1
attempted at the appropriate address as specified by the candidate in 2
the declaration of candidacy. If the candidate cannot be served at 3
that address, service must be made by personally delivering to and 4
leaving with the filing officer duplicate copies of the process. The 5
filing officer shall immediately send, by registered or certified mail, 6
one of the copies to the candidate at the specified address, unless the 7
candidate has designated in writing to the filing officer a different 8
address for that purpose, in which case the filing officer shall mail 9
the copy to the last address so designated. 10
7. If the filing officer receives credible evidence indicating that 11
a candidate has been convicted of a felony and has not had his or her 12
civil rights restored, the filing officer: 13
(a) May conduct an investigation to determine whether the 14
candidate has been convicted of a felony and, if so, whether the 15
candidate has had his or her civil rights restored; and 16
(b) Shall transmit the credible evidence and the findings from 17
such investigation to the Attorney General, if the filing officer is the 18
Secretary of State, or to the district attorney, if the filing officer is a 19
person other than the Secretary of State. 20
8. The receipt of information by the Attorney General or 21
district attorney pursuant to subsection 7 must be treated as a 22
challenge of a candidate pursuant to subsections 4 and 5 of NRS 23
293.182 to which the provisions of NRS 293.2045 apply. 24
9. Any person who knowingly and willfully files a declaration 25
of candidacy which contains a false statement in violation of this 26
section is guilty of a gross misdemeanor. 27
Sec. 10. NRS 293.269911 is hereby amended to read as 28
follows: 29
293.269911 1. [Except as otherwise provided in this section, 30
the] The county clerk shall prepare [and distribute to each active] a 31
mail ballot for the use of registered [voter in the county and each 32
person who registers to vote or updates his or her voter registration 33
information not later than the 14 days before the election a mail 34
ballot for every election.] voters who have requested mail ballots. 35
The county clerk shall make reasonable accommodations for the use 36
of the mail ballot by a person who is elderly or disabled, including, 37
without limitation, by providing, upon request, the mail ballot in 12-38
point type to a person who is elderly or disabled. 39
2. [The county clerk shall allow a voter to elect not to receive a 40
mail ballot pursuant to this section by submitting to the county clerk 41
a written notice in the form prescribed by the county clerk which 42
must be received by the county clerk not later than 60 days before 43
the day of the election. 44
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3. The county clerk shall not distribute a mail ballot to any 1
person who: 2
(a) Registers to vote for the election pursuant to the provisions 3
of NRS 293.5772 to 293.5887, inclusive; or 4
(b) Elects not to receive a mail ballot pursuant to subsection 2. 5
4.] The mail ballot for each voter must include all offices, 6
candidates and measures upon which the voter is entitled to vote at 7
the election. 8
[5. Except as otherwise provided in subsections 2 and 3, the] 9
3. A mail ballot must be [distributed] prepared and ready for 10
distribution to: 11
(a) Each [active] registered voter who: 12
(1) Resides within the State, not later than 20 days before the 13
election; and 14
(2) Except as otherwise provided in paragraph [(c),] (b), 15
resides outside the State, not later than 40 days before [the] a 16
primary election [.] , presidential preference primary election or 17
general election. 18
(b) [Each active registered voter who registers to vote after the 19
dates set for distributing mail ballots pursuant to paragraph (a) but 20
who is eligible to receive a mail ballot pursuant to subsection 1, not 21
later than 13 days before the election. 22
(c)] Each covered voter who is entitled to have a military-23
overseas ballot transmitted pursuant to the provisions of chapter 24
293D of NRS or the Uniformed and Overseas Citizens Absentee 25
Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time 26
required by those provisions. 27
[6.] 4. In the case of a special election where no candidate for 28
federal office will appear on the ballot, the mail [ballot] ballots must 29
be distributed [to each active registered voter] not later than 15 days 30
before the special election. 31
[7.] 5. Any untimely legal action which would prevent the 32
mail ballot from being distributed to any voter pursuant to this 33
section is moot and of no effect. 34
Sec. 11. NRS 293.269913 is hereby amended to read as 35
follows: 36
293.269913 1. Except as otherwise provided in [subsection 2, 37
NRS 293.269911 and] chapter 293D of NRS, if the request for a 38
mail ballot is made by mail or approved electronic transmission, 39
the county clerk shall , as soon as the mail ballot for the precinct or 40
district in which the voter resides has been prepared pursuant to 41
NRS 293.269911, send to [each active] the registered voter by first-42
class mail, or by any class of mail if the Official Election Mail logo 43
or an equivalent logo or mark created by the United States Postal 44
Service is properly placed: 45
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(a) A mail ballot; 1
(b) A return envelope [;] , which must include, without 2
limitation, a flap to cover the identifying number of the voter 3
written on the return envelope pursuant to NRS 293.269917; 4
(c) An envelope or sleeve into which the mail ballot is inserted 5
to ensure its secrecy; and 6
(d) Instructions. 7
2. [In sending a mail ballot to an active registered voter, the 8
county clerk shall use an envelope that may not be forwarded to an 9
address of the voter that is different from the address to which the 10
mail ballot is mailed. 11
3.] The return envelope must include postage prepaid by first-12
class mail if the [active] registered voter is within the boundaries of 13
the United States, its territories or possessions or on a military base. 14
[4.] 3. Before sending a mail ballot to [an active] a registered 15
voter, the county clerk shall record: 16
(a) The date the mail ballot is issued; 17
(b) The name of the voter to whom the mail ballot is issued, his 18
or her precinct or district and his or her political affiliation, if any, 19
unless all the offices on the mail ballot are nonpartisan offices; 20
(c) The number of the mail ballot; and 21
(d) Any remarks the county clerk finds appropriate. 22
Sec. 12. NRS 293.269915 is hereby amended to read as 23
follows: 24
293.269915 1. Except as otherwise provided in subsection 2, 25
if a person applied by mail or computer to register to vote, or 26
preregistered to vote by mail or computer and is subsequently 27
deemed to be registered to vote, and the person has not previously 28
voted in any election for federal office in this State, the county clerk 29
must inform the person that he or she must include a copy of the 30
information required in paragraph (b) of subsection 1 of NRS 31
293.2725 in the return envelope with the mail ballot. 32
2. The provisions of subsection 1 do not apply to a person who: 33
(a) Registers to vote by mail or computer, or preregisters to vote 34
by mail or computer and is subsequently deemed to be registered to 35
vote, and submits with his or her application to preregister or 36
register to vote: 37
(1) A copy of [a current and valid photo identification;] his 38
or her proof of identity; or 39
(2) A copy of a current utility bill, bank statement, paycheck 40
or document issued by a governmental entity, including a check 41
which indicates the name and address of the person, but not 42
including a voter registration card; 43
(b) Registers to vote by mail or computer and submits with his 44
or her application to register to vote a driver’s license number or at 45
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least the last four digits of his or her social security number, if a 1
state or local election official has matched that information with an 2
existing identification record bearing the same number, name and 3
date of birth as provided by the person in the application; 4
(c) Registers to vote pursuant to NRS 293.5768 to 293.57699, 5
inclusive, and at that time presents to the automatic voter 6
registration agency: 7
(1) A copy of [a current and valid photo identification;] his 8
or her proof of identity; 9
(2) A copy of a current utility bill, bank statement, paycheck 10
or document issued by a governmental entity, including a check 11
which indicates the name and address of the person, but not 12
including a voter registration card; or 13
(3) A driver’s license number or at least the last four digits of 14
his or her social security number, if a state or local election official 15
has matched that information with an existing identification record 16
bearing the same number, name and date of birth as provided by the 17
person in the application; 18
(d) Is entitled to vote pursuant to the provisions of chapter 293D 19
of NRS or the Uniformed and Overseas Citizens Absentee Voting 20
Act, 52 U.S.C. §§ 20301 et seq.; 21
(e) Is provided the right to vote otherwise than in person 22
pursuant to the provisions of the Voting Accessibility for the Elderly 23
and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or 24
(f) Is entitled to vote otherwise than in person pursuant to the 25
provisions of any other federal law. 26
3. If a person fails to provide the identification required 27
pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 28
or her mail ballot: 29
(a) The mail ballot must be treated as a provisional ballot; and 30
(b) The county clerk must: 31
(1) Contact the person; 32
(2) Allow the person to provide the identification required 33
before 5 p.m. on the sixth day following the election; and 34
(3) If the identification required pursuant to paragraph (b) of 35
subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is 36
delivered to the appropriate mail ballot central counting board. 37
Sec. 13. NRS 293.269917 is hereby amended to read as 38
follows: 39
293.269917 1. Except as otherwise provided in NRS 40
293.269919 and chapter 293D of NRS, in order to vote a mail ballot, 41
the voter must, in accordance with the instructions: 42
(a) Mark and fold the mail ballot; 43
(b) Deposit the mail ballot in the return envelope and seal the 44
return envelope; 45
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(c) [Affix his or her signature on the return envelope in the 1
space provided for the signature; and] Write in the space provided 2
on the return envelope: 3
(1) The last four digits of his or her social security number; 4
or 5
(2) His or her driver’s license number or identification card 6
number; 7
(d) Close the attached flap over the identifying number written 8
on the return envelope; and 9
(e) Mail or deliver the return envelope in a manner authorized 10
by law. 11
2. Except as otherwise provided in chapter 293D of NRS, 12
voting must be only upon candidates whose names appear upon the 13
mail ballot as prepared pursuant to NRS 293.269911, and no person 14
may write in the name of an additional candidate for any office. 15
3. [If] Except as otherwise provided in subsection 4, if a mail 16
ballot has been [sent to] requested by a voter who applies to vote in 17
person at a polling place, including, without limitation, a polling 18
place for early voting, the voter must, in addition to complying with 19
all other requirements for voting in person that are set forth in this 20
chapter, surrender his or her mail ballot or sign an affirmation under 21
penalty of perjury that the voter has not voted during the election. A 22
person who receives a surrendered mail ballot shall mark it 23
“Cancelled.” 24
4. If a registered voter who has requested a mail ballot 25
applies to vote in person at the office of the county clerk or a 26
polling place, including, without limitation, a polling place for 27
early voting, and the voter does not have the mail ballot to deliver 28
or surrender, the voter must be issued a ballot to vote in person if 29
the voter: 30
(a) Provides proof of identity; 31
(b) Is a registered voter who is otherwise entitled to vote; and 32
(c) Signs an affirmation under penalty of perjury on a form 33
prepared by the Secretary of State declaring that the voter has not 34
voted during the election. 35
Sec. 14. NRS 293.269921 is hereby amended to read as 36
follows: 37
293.269921 1. [Except as otherwise provided in subsection 2 38
and chapter 293D of NRS, in] In order for a mail ballot to be 39
counted for any election, the mail ballot must be: 40
(a) Before the time set for closing of the polls, delivered by hand 41
to the county clerk, or any ballot drop box established in the county 42
pursuant to this section; or 43
(b) Mailed to the county clerk [, and: 44
(1) Postmarked on or before the day of the election; and 45
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(2) Received] and received by the clerk [not later than 5 p.m. 1
on the fourth day following] before the time set for closing of the 2
polls on the day of the election. 3
2. [If a mail ballot is received by mail not later than 5 p.m. on 4
the third day following the election and the date of the postmark 5
cannot be determined, the mail ballot shall be deemed to have been 6
postmarked on or before the day of the election. 7
3.] Each county clerk must establish a ballot drop box at every 8
polling place in the county, including, without limitation, a polling 9
place for early voting. A county clerk may establish a ballot drop 10
box at any other location in the county where mail ballots can be 11
delivered by hand and collected during the period for early voting 12
and on election day. No person other than a clerk may establish a 13
drop box for mail ballots. 14
[4.] 3. A ballot drop box must be: 15
(a) Constructed of metal or any other rigid material of sufficient 16
strength and resistance to protect the security of the mail ballots; and 17
(b) Capable of securely receiving and holding the mail ballots 18
and being locked. 19
[5.] 4. A ballot drop box must be: 20
(a) Placed in an accessible and convenient location at the office 21
of the county clerk or a polling place in the county; and 22
(b) Made available for use during the hours when the office of 23
the county clerk, or the polling place, is open for business or voting, 24
as applicable. 25
Sec. 15. NRS 293.269923 is hereby amended to read as 26
follows: 27
293.269923 1. Except as otherwise provided in subsection 2, 28
[at the request of a voter whose mail ballot has been prepared by or 29
on behalf of the voter, a] it is unlawful for any person [authorized 30
by the voter may] to return [the] a mail ballot [on behalf of the voter 31
by mail or personal delivery to the county clerk, or any ballot drop 32
box established in the county, pursuant to NRS 293.269921.] other 33
than the voter or, at the request of the voter, a person authorized 34
by the voter. A person who is authorized to return a mail ballot on 35
behalf of a voter: 36
(a) Shall, under penalty of perjury, indicate on a form 37
prescribed by the county clerk that the person is authorized by the 38
voter who requested the mail ballot to return the mail ballot and 39
the date on which the voter provided such authorization to the 40
person; 41
(b) Shall not return more than 30 mail ballots for any election; 42
and 43
(c) Shall, after the election, submit to the Secretary of State a 44
report in the form prescribed by the Secretary of State that 45
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includes, without limitation, each voter on whose behalf the 1
person returned a mail ballot. 2
2. Except for an election board officer in the course of the 3
election board officer’s official duties, a person shall not willfully: 4
(a) Impede, obstruct, prevent or interfere with the return of a 5
voter’s mail ballot; 6
(b) Deny a voter the right to return the voter’s mail ballot; or 7
(c) If the person receives the voter’s mail ballot and 8
authorization to return the mail ballot on behalf of the voter by mail 9
or personal delivery, fail to return the mail ballot, unless otherwise 10
authorized by the voter [, by] : 11
(1) By mail : 12
(I) Before the end of the third day after the day of 13
receipt, if the person receives the mail ballot from the voter four or 14
more days before the last day of the period for early voting; or 15
(II) Before the deadline established by the United States 16
Postal Service for the mail ballot to be delivered before the time set 17
for closing of the polls on the day of the election, if the person 18
receives the mail ballot from the voter three or fewer days before 19
the last day of the period for early voting; or 20
(2) By personal delivery: 21
[(1)] (I) Before the end of the third day after the day of 22
receipt, if the person receives the mail ballot from the voter four or 23
more days before the day of the election; or 24
[(2)] (II) Before the [deadline established by the United 25
States Postal Service for the mail ballot to be postmarked on the day 26
of the election or before] time set for closing of the polls [close] on 27
the day of the election, [as applicable to the type of delivery,] if the 28
person receives the mail ballot from the voter three or fewer days 29
before the day of the election. 30
3. A person who violates any provision of subsection 1 or 2 is 31
guilty of a category E felony and shall be punished as provided in 32
NRS 193.130. 33
4. The Secretary of State shall adopt regulations to carry out 34
the provisions of subsection 1. 35
Sec. 16. NRS 293.269927 is hereby amended to read as 36
follows: 37
293.269927 1. Except as otherwise provided in NRS 38
293D.200, when a mail ballot is returned by or on behalf of a voter 39
to the county clerk, and a record of its return is made in the mail 40
ballot record for the election, the clerk or an employee in the office 41
of the clerk shall [check the signature used for the mail ballot by 42
electronic means pursuant to subsection 2 or manually pursuant to 43
subsection 3.] verify that the last four digits of the social security 44
number or the driver’s license number or identification card 45
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number, as applicable, written on the return envelope match the 1
information of the voter in the records of the county clerk. 2
2. [To check the signature used for a mail ballot by electronic 3
means: 4
(a) The electronic device must take a digital image of the 5
signature used for the mail ballot and compare the digital image 6
with the signatures of the voter from his or her application to 7
register to vote or application to preregister to vote available in the 8
records of the county clerk. 9
(b) If the electronic device does not match the signature of the 10
voter, the signature shall be reviewed manually pursuant to the 11
provisions of subsection 3. 12
3. To check the signature used for a mail ballot manually, the 13
county clerk shall use the following procedure: 14
(a) The clerk or employee shall check the signature used for the 15
mail ballot against all signatures of the voter available in the records 16
of the clerk. 17
(b) If at least two employees in the office of the clerk believe 18
there is a reasonable question of fact as to whether the signature 19
used for the mail ballot matches the signature of the voter, the clerk 20
shall contact the voter and ask the voter to confirm whether the 21
signature used for the mail ballot belongs to the voter. 22
4. For purposes of subsection 3: 23
(a) There is a reasonable question of fact as to whether the 24
signature used for the mail ballot matches the signature of the voter 25
if the signature used for the mail ballot differs in multiple, 26
significant and obvious respects from the signatures of the voter 27
available in the records of the clerk. 28
(b) There is not a reasonable question of fact as to whether the 29
signature used for the mail ballot matches the signature of the voter 30
if: 31
(1) The signature used for the mail ballot is a variation of the 32
signature of the voter caused by the substitution of initials for the 33
first or middle name, the substitution of a different type of 34
punctuation in the first, middle or last name, the use of a common 35
nickname or the use of one last name for a person who has two last 36
names and it does not otherwise differ in multiple, significant and 37
obvious respects from the signatures of the voter available in the 38
records of the clerk; or 39
(2) There are only slight dissimilarities between the signature 40
used for the mail ballot and the signatures of the voter available in 41
the records of the clerk. 42
5.] Except as otherwise provided in subsection [6,] 3, if the 43
clerk determines that the voter is entitled to cast the mail ballot, the 44
clerk shall deposit the mail ballot in the proper ballot box or place 45
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the mail ballot, unopened, in a container that must be securely 1
locked or under the control of the clerk at all times. The clerk shall 2
deliver the mail ballots to the mail ballot central counting board to 3
be processed and prepared for counting. 4
[6.] 3. If the clerk determines when checking the [signature] 5
identifying number used for the mail ballot that the voter failed to 6
affix his or her [signature] identifying number or failed to affix it in 7
the manner required by law for the mail ballot , [or that there is a 8
reasonable question of fact as to whether the signature used for the 9
mail ballot matches the signature of the voter,] but the voter is 10
otherwise entitled to cast the mail ballot, the clerk shall contact the 11
voter and advise the voter of the procedures to provide [a signature 12
or a confirmation that the signature used for the mail ballot belongs 13
to the voter, as applicable.] an identifying number. For the mail 14
ballot to be counted, the voter must provide [a signature or a 15
confirmation, as applicable,] an identifying number, not later than 5 16
p.m. on the sixth day following the election. 17
[7.] 4. The clerk shall prescribe procedures for a voter who 18
failed to affix his or her [signature] identifying number or failed to 19
affix it in the manner required by law for the mail ballot [, or for 20
whom there is a reasonable question of fact as to whether the 21
signature used for the mail ballot matches the signature of the 22
voter,] in order to: 23
(a) Contact the voter; 24
(b) Allow the voter to provide [a signature or a confirmation that 25
the signature used for the mail ballot belongs to the voter, as 26
applicable;] an identifying number; and 27
(c) After [a signature or a confirmation] an identifying number 28
is provided, [as applicable,] ensure the mail ballot is delivered to the 29
mail ballot central counting board. 30
[8. If there is a reasonable question of fact as to whether the 31
signature used for the mail ballot matches the signature of the voter, 32
the voter must be identified by: 33
(a) Answering questions from the county clerk covering the 34
personal data which is reported on the application to register to vote; 35
(b) Providing the county clerk, orally or in writing, with other 36
personal data which verifies the identity of the voter; or 37
(c) Providing the county clerk with proof of identification as 38
described in NRS 293.277 other than the voter registration card 39
issued to the voter. 40
9.] 5. The procedures established pursuant to subsection [7] 4 41
for contacting a voter must require the clerk to contact the voter, as 42
soon as possible after receipt of the mail ballot, by: 43
(a) Mail; 44
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(b) Telephone, if a telephone number for the voter is available in 1
the records of the clerk; and 2
(c) Electronic means, which may include, without limitation, 3
electronic mail, if the voter has provided the clerk with sufficient 4
information to contact the voter by such means. 5
Sec. 17. NRS 293.272 is hereby amended to read as follows: 6
293.272 1. Except as otherwise provided in subsection 2 and 7
in NRS 293.2725 and 293.3083, a person who registered by mail or 8
computer to vote shall, for the first election in which the person 9
votes at which that registration is valid, vote in person unless he or 10
she has previously voted in the county in which he or she is 11
registered to vote. 12
2. The provisions of subsection 1 do not apply to a person who: 13
(a) Is entitled to vote otherwise than in person pursuant to 14
federal law or chapter 293D of NRS; 15
(b) Is disabled; 16
(c) Is provided the right to vote otherwise than in person 17
pursuant to the Voting Accessibility for the Elderly and 18
Handicapped Act, 52 U.S.C. §§ 20101 et seq.; [or] 19
(d) Is sent a mail ballot pursuant to the provisions of NRS 20
293.269913 and includes a copy of the information required 21
pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 22
or her voted mail ballot, if required pursuant to NRS 293.269915 [.] 23
; or 24
(e) Requests and receives a mail ballot in person at the office 25
of the county clerk and shows proof of identity at the time of 26
making such request. 27
Sec. 18. NRS 293.2725 is hereby amended to read as follows: 28
293.2725 1. Except as otherwise provided in subsection 2, in 29
NRS 293.3081, 293.3083 and 293.5772 to 293.5887, inclusive, and 30
in federal law, a person who registers to vote by mail or computer or 31
is registered to vote by an automatic voter registration agency, or a 32
person who preregisters to vote by mail or computer and is 33
subsequently deemed to be registered to vote, and who has not 34
previously voted in an election for federal office in this State: 35
(a) May vote at a polling place only if the person presents to the 36
election board officer at the polling place: 37
(1) [A current and valid photo identification of the person, 38
which shows his or her physical address;] Proof of identity; or 39
(2) A copy of a current utility bill, bank statement, paycheck, 40
or document issued by a governmental entity, including a check 41
which indicates the name and address of the person, but not 42
including a voter registration card; and 43
(b) May vote by mail only if the person provides to the county 44
or city clerk: 45
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(1) A copy of [a current and valid photo identification of the 1
person, which shows] his or her [physical address;] proof of 2
identity; or 3
(2) A copy of a current utility bill, bank statement, paycheck, 4
or document issued by a governmental entity, including a check 5
which indicates the name and address of the person, but not 6
including a voter registration card. 7
If there is a question as to the physical address of the person, the 8
election board officer or clerk may request additional information. 9
2. The provisions of subsection 1 do not apply to a person who: 10
(a) Registers to vote by mail or computer, or preregisters to vote 11
by mail or computer and is subsequently deemed to be registered to 12
vote, and submits with an application to preregister or register to 13
vote: 14
(1) A copy of [a current and valid photo identification;] his 15
or her proof of identity; or 16
(2) A copy of a current utility bill, bank statement, paycheck, 17
or document issued by a governmental entity, including a check 18
which indicates the name and address of the person, but not 19
including a voter registration card; 20
(b) Except as otherwise provided in subsection 3, registers to 21
vote by mail or computer and submits with an application to register 22
to vote a driver’s license number or at least the last four digits of his 23
or her social security number, if a state or local election official has 24
matched that information with an existing identification record 25
bearing the same number, name and date of birth as provided by the 26
person in the application; 27
(c) Registers to vote pursuant to NRS 293.5768 to 293.57699, 28
inclusive, and at that time presents to the automatic voter 29
registration agency: 30
(1) A copy of [a current and valid photo identification;] his 31
or her proof of identity; 32
(2) A copy of a current utility bill, bank statement, paycheck 33
or document issued by a governmental entity, including a check 34
which indicates the name and address of the person, but not 35
including a voter registration card; or 36
(3) A driver’s license number or at least the last four digits of 37
his or her social security number, if a state or local election official 38
has matched that information with an existing identification record 39
bearing the same number, name and date of birth as provided by the 40
person in the application; 41
(d) Is entitled to vote an absent ballot pursuant to the Uniformed 42
and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et 43
seq.; 44
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(e) Is provided the right to vote otherwise than in person under 1
the Voting Accessibility for the Elderly and Handicapped Act, 52 2
U.S.C. §§ 20101 et seq.; or 3
(f) Is entitled to vote otherwise than in person under any other 4
federal law. 5
3. The provisions of subsection 1 apply to a person described 6
in paragraph (b) of subsection 2 if the voter registration card issued 7
to the person is mailed by the county clerk to the person and 8
returned to the county clerk by the United States Postal Service. 9
Sec. 19. NRS 293.277 is hereby amended to read as follows: 10
293.277 1. Except as otherwise provided in NRS 293.283, 11
293.541, 293.57691 and 293.5772 to 293.5887, inclusive, if a 12
person’s name appears in the roster or if the person provides an 13
affirmation pursuant to NRS 293.525, the person is entitled to vote 14
and must [sign] : 15
(a) Present proof of identity; and 16
(b) Sign his or her name in the roster or on a signature card 17
when he or she applies to vote. [The signature must be compared by 18
an election board officer with the signature or a facsimile thereof on 19
the person’s application to register to vote or one of the forms of 20
identification listed in subsection 2.] 21
2. [Except as otherwise provided in NRS 293.2725, the forms 22
of identification which may be used individually to identify a voter 23
at the polling place are: 24
(a) The voter registration card issued to the voter; 25
(b) A driver’s license; 26
(c) An identification card issued by the Department of Motor 27
Vehicles; 28
(d) A military identification card; or 29
(e) Any other form of identification issued by a governmental 30
agency which contains the voter’s signature and physical description 31
or picture. 32
3.] The county clerk shall prescribe a procedure, approved by 33
the Secretary of State, to verify that the voter has not already voted 34
in that county in the current election. 35
Sec. 20. NRS 293.283 is hereby amended to read as follows: 36
293.283 1. If, because of physical limitations, a registered 37
voter is unable to sign his or her name in the roster or on a signature 38
card as required by NRS 293.277, the voter must [be identified by: 39
(a) Answering questions from the election board officer 40
covering the personal data which is reported on the application to 41
register to vote; 42
(b) Providing the election board officer, orally or in writing, 43
with other personal data which verifies the identity of the voter; or 44
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(c) Providing] present the election board officer with his or her 1
proof of [identification as described in NRS 293.277 other than the 2
voter registration card issued to the voter.] identity. 3
2. If the identity of the voter is verified, the election board 4
officer shall indicate in the roster “Identified” by the voter’s name. 5
Sec. 21. NRS 293.285 is hereby amended to read as follows: 6
293.285 [1.] Except as otherwise provided in NRS 293.283 7
and 293.5772 to 293.5887, inclusive: 8
[(a)] 1. A registered voter applying to vote shall state his or 9
her name to the election board officer in charge of the roster; and 10
[(b)] 2. The election board officer shall: 11
[(1)] (a) Announce the name of the registered voter; 12
[(2)] (b) Instruct the registered voter to sign the roster or 13
signature card; 14
[(3) Verify the signature of the registered voter in the manner 15
set forth in NRS 293.277;] 16
(c) Require the registered voter to present proof of identity; and 17
[(4)] (d) Verify that the registered voter has not already 18
voted in that county in the current election. 19
[2. Except as otherwise provided in NRS 293.57691, if the 20
signature does not match, the voter must be identified by: 21
(a) Answering questions from the election board officer 22
covering the personal data which is reported on the application to 23
register to vote; 24
(b) Providing the election board officer, orally or in writing, 25
with other personal data which verifies the identity of the voter; or 26
(c) Providing the election board officer with proof of 27
identification as described in NRS 293.277 other than the voter 28
registration card issued to the voter. 29
3. If the signature of the voter has changed in comparison to 30
the signature on the application to preregister or register to vote, the 31
voter must update his or her signature on a form prescribed by the 32
Secretary of State. 33
4. For the purposes of subsection 2, the personal data of a voter 34
may include his or her date of birth.] 35
Sec. 22. NRS 293.287 is hereby amended to read as follows: 36
293.287 1. A registered voter applying to vote at any primary 37
election or presidential preference primary election shall give his or 38
her name and political affiliation, if any, to the election board officer 39
in charge of the roster, and the officer shall immediately announce 40
the name and political affiliation [.] and require that the registered 41
voter present proof of identity. 42
2. Any person’s right to vote may be challenged by any 43
registered voter upon: 44
(a) Any of the grounds allowed for a challenge in NRS 293.303; 45
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(b) The ground that the person applying does not belong to the 1
political party designated upon the roster; or 2
(c) The ground that the roster does not show that the person 3
designated the political party to which he or she claims to belong. 4
3. Any such challenge must be disposed of in the manner 5
provided by NRS 293.303. 6
4. A registered voter who has designated on his or her 7
application to register to vote an affiliation with a minor political 8
party may vote a nonpartisan ballot at the primary election. 9
Sec. 23. NRS 293.3025 is hereby amended to read as follows: 10
293.3025 The Secretary of State and each county and city clerk 11
shall ensure that a copy of each of the following is posted in a 12
conspicuous place at each polling place on election day: 13
1. A sample ballot; 14
2. Information concerning the date and hours of operation of 15
the polling place; 16
3. Instructions for voting and casting a ballot, including a 17
provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive, 18
or a provisional ballot pursuant to NRS 293.5772 to 293.5887, 19
inclusive; 20
4. Instructions concerning the proof of identity required to 21
vote at the polling place; 22
5. Instructions concerning the identification required for 23
persons who registered by mail or computer and are first-time voters 24
for federal office in this State; 25
[5.] 6. Information concerning the accessibility of polling 26
places to persons with disabilities; 27
[6.] 7. General information concerning federal and state laws 28
which prohibit acts of fraud and misrepresentation; and 29
[7.] 8. Information concerning the eligibility of a candidate, a 30
ballot question or any other matter appearing on the ballot as a result 31
of a judicial determination or by operation of law, if any. 32
Sec. 24. NRS 293.303 is hereby amended to read as follows: 33
293.303 1. A person applying to vote may be challenged: 34
(a) Orally by any registered voter of the precinct upon the 35
ground that he or she is not the person entitled to vote as claimed or 36
has voted before at the same election. A registered voter who 37
initiates a challenge pursuant to this paragraph must submit an 38
affirmation that is signed under penalty of perjury and in the form 39
prescribed by the Secretary of State stating that the challenge is 40
based on the personal knowledge of the registered voter. 41
(b) On any ground set forth in a challenge filed with the county 42
clerk pursuant to the provisions of NRS 293.547. 43
2. If a person is challenged, an election board officer shall 44
tender the challenged person the following oath or affirmation: 45
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(a) If the challenge is on the ground that the challenged person 1
does not belong to the political party designated upon the roster, “I 2
swear or affirm under penalty of perjury that I belong to the political 3
party designated upon the roster”; 4
(b) If the challenge is on the ground that the roster does not 5
show that the challenged person designated the political party to 6
which he or she claims to belong, “I swear or affirm under penalty 7
of perjury that I designated on the application to register to vote the 8
political party to which I claim to belong”; 9
(c) If the challenge is on the ground that the challenged person 10
does not reside at the residence for which the address is listed in the 11
roster, “I swear or affirm under penalty of perjury that I reside at the 12
residence for which the address is listed in the roster”; 13
(d) If the challenge is on the ground that the challenged person 14
previously voted a ballot for the election, “I swear or affirm under 15
penalty of perjury that I have not voted for any of the candidates or 16
questions included on this ballot for this election”; or 17
(e) If the challenge is on the ground that the challenged person is 18
not the person he or she claims to be, “I swear or affirm under 19
penalty of perjury that I am the person whose name is in this roster.” 20
The oath or affirmation must be set forth on a form prepared by 21
the Secretary of State and signed by the challenged person under 22
penalty of perjury. 23
3. Except as otherwise provided in subsection 4, if the 24
challenged person refuses to execute the oath or affirmation so 25
tendered, the person must not be issued a ballot, and the election 26
board officer shall indicate in the roster “Challenged” by the 27
person’s name. 28
4. If the challenged person refuses to execute the oath or 29
affirmation set forth in paragraph (a) or (b) of subsection 2, the 30
election board officers shall issue the person a nonpartisan ballot. 31
5. If the challenged person refuses to execute the oath or 32
affirmation set forth in paragraph (c) of subsection 2, the election 33
board officers shall inform the person that he or she is entitled to 34
vote only in the manner prescribed in NRS 293.304. 35
6. If the challenged person executes the oath or affirmation and 36
the challenge is not based on the ground set forth in paragraph (e) of 37
subsection 2, the election board officers shall issue the person a 38
partisan ballot. 39
7. If the challenge is based on the ground set forth in paragraph 40
(c) of subsection 2, and the challenged person executes the oath or 41
affirmation, the election board shall not issue the person a ballot 42
until he or she furnishes satisfactory identification which contains 43
proof of the address at which the person actually resides. For the 44
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purposes of this subsection, a voter registration card does not 1
provide proof of the address at which a person resides. 2
8. If the challenge is based on the ground set forth in paragraph 3
(e) of subsection 2 and the challenged person executes the oath or 4
affirmation, the election board shall not issue the person a ballot 5
unless the person [: 6
(a) Furnishes official identification which contains a photograph 7
of the person, such as a driver’s license or other official document; 8
or 9
(b) Brings before the election board officers a person who is at 10
least 18 years of age who: 11
(1) Furnishes official identification which contains a 12
photograph of that person, such as a driver’s license or other official 13
document; and 14
(2) Executes an oath or affirmation under penalty of perjury 15
that the challenged person is who he or she swears to be.] furnishes 16
proof of identity. 17
9. The election board officers shall: 18
(a) Record on the challenge list: 19
(1) The name of the challenged person; 20
(2) The name of the registered voter who initiated the 21
challenge; and 22
(3) The result of the challenge; and 23
(b) If possible, orally notify the registered voter who initiated 24
the challenge of the result of the challenge. 25
Sec. 25. NRS 293.3075 is hereby amended to read as follows: 26
293.3075 1. Except as otherwise provided in NRS 293.283 27
and 293.5772 to 293.5887, inclusive, upon the appearance of a 28
person to cast a ballot at a polling place established pursuant to NRS 29
293.3072, the election board officer shall: 30
(a) Determine [that] whether the person is a registered voter in 31
the county and has not already voted in that county in the current 32
election; 33
(b) Instruct the registered voter to sign the roster or a signature 34
card; and 35
(c) [Verify the signature of the voter in the manner set forth in 36
NRS 293.277.] Require the registered voter to present proof of 37
identity. 38
2. [Except as otherwise provided in NRS 293.57691, if the 39
signature of the voter does not match, the voter must be identified 40
by: 41
(a) Answering questions from the election board officer 42
covering the personal data which is reported on the application to 43
register to vote; 44
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(b) Providing the election board officer, orally or in writing, 1
with other personal data which verifies the identity of the voter; or 2
(c) Providing the election board officer with proof of 3
identification as described in NRS 293.277 other than the voter 4
registration card issued to the voter. 5
3. If the signature of the voter has changed in comparison to 6
the signature on the application to register to vote, the voter must 7
update his or her signature on a form prescribed by the Secretary of 8
State. 9
4.] The county clerk shall prescribe a procedure, approved by 10
the Secretary of State, to verify that the voter has not already voted 11
in that county in the current election. 12
[5.] 3. When a registered voter is entitled to cast a ballot and 13
has identified himself or herself to the satisfaction of the election 14
board officer, the registered voter is entitled to receive the 15
appropriate ballot or ballots, but only for his or her own use at the 16
polling place where he or she applies to vote. 17
[6.] 4. If the ballot is voted on a mechanical recording device 18
which directly records the votes electronically, the election board 19
officer shall: 20
(a) Prepare the mechanical voting device for the registered 21
voter; 22
(b) Ensure that the registered voter’s precinct or voting district 23
and the form of the ballot are indicated on the voting receipt, if the 24
county clerk uses voting receipts; and 25
(c) Allow the registered voter to cast a vote. 26
[7.] 5. A registered voter applying to vote at a polling place 27
established pursuant to NRS 293.3072 may be challenged pursuant 28
to NRS 293.303. 29
Sec. 26. NRS 293.3081 is hereby amended to read as follows: 30
293.3081 A person at a polling place may cast a provisional 31
ballot in an election pursuant to NRS 293.3078 to 293.3086, 32
inclusive, if the person complies with the applicable provisions of 33
NRS 293.3082 and: 34
1. Declares that he or she has registered to vote and is eligible 35
to vote at that election in that jurisdiction, but [his or her] : 36
(a) The name of the person does not appear on a voter 37
registration list as a voter eligible to vote in that election in that 38
jurisdiction [or an] ; 39
(b) An election official asserts that the person is not eligible to 40
vote in that election in that jurisdiction; or 41
(c) The person fails to present proof of identity; 42
2. Applies by mail or computer, on or after January 1, 2003, to 43
register to vote and has not previously voted in an election for 44
federal office in this State and fails to provide [the identification 45
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required pursuant to paragraph (a) of subsection 1 of NRS 1
293.2725] proof of identity to the election board officer at the 2
polling place; or 3
3. Declares that he or she is entitled to vote after the polling 4
place would normally close as a result of a court order or other order 5
extending the time established for the closing of polls pursuant to a 6
law of this State in effect 10 days before the date of the election. 7
Sec. 27. NRS 293.3082 is hereby amended to read as follows: 8
293.3082 1. Before a person may cast a provisional ballot 9
pursuant to NRS 293.3081, the person must complete a written 10
affirmation on a form provided by an election board officer, as 11
prescribed by the Secretary of State, at the polling place which 12
includes: 13
(a) The name of the person casting the provisional ballot; 14
(b) The reason for casting the provisional ballot; 15
(c) A statement in which the person casting the provisional 16
ballot affirms under penalty of perjury that he or she is a registered 17
voter in the jurisdiction and is eligible to vote in the election; 18
(d) The date and type of election; 19
(e) The signature of the person casting the provisional ballot; 20
(f) The signature of the election board officer; 21
(g) A unique affirmation identification number assigned to the 22
person casting the provisional ballot; 23
(h) If the person is casting the provisional ballot pursuant to 24
subsection 1 of NRS 293.3081: 25
(1) An indication by the person as to whether or not he or she 26
provided the required identification at the time the person applied to 27
register to vote; 28
(2) The address of the person as listed on the application to 29
register to vote; 30
(3) Information concerning the place, manner and 31
approximate date on which the person applied to register to vote; 32
(4) Any other information that the person believes may be 33
useful in verifying that the person has registered to vote; and 34
(5) A statement informing the voter that if the voter does not 35
provide [identification] proof of identity at the time the voter casts 36
the provisional ballot, the required [identification] proof of identity 37
must be provided to the county or city clerk not later than 5 p.m. on 38
the Friday following election day and that failure to do so will result 39
in the provisional ballot not being counted; 40
(i) If the person is casting the provisional ballot pursuant to 41
subsection 2 of NRS 293.3081: 42
(1) The address of the person as listed on the application to 43
register to vote; 44
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(2) The voter registration number, if any, issued to the 1
person; and 2
(3) A statement informing the voter that the required 3
[identification] proof of identity must be provided to the county or 4
city clerk not later than 5 p.m. on the Friday following election day 5
and that failure to do so will result in the provisional ballot not 6
being counted; and 7
(j) If the person is casting the provisional ballot pursuant to 8
subsection 3 of NRS 293.3081, the voter registration number, if any, 9
issued to the person. 10
2. After a person completes a written affirmation pursuant to 11
subsection 1: 12
(a) The election board officer shall provide the person with a 13
receipt that includes the unique affirmation identification number 14
described in subsection 1 and that explains how the person may use 15
the free access system established pursuant to NRS 293.3086 to 16
ascertain whether the person’s vote was counted, and, if the vote 17
was not counted, the reason why the vote was not counted; 18
(b) The voter’s name and applicable information must be 19
entered into the roster in a manner which indicates that the voter 20
cast a provisional ballot; and 21
(c) The election board officer shall issue a provisional ballot to 22
the person to vote. 23
Sec. 28. NRS 293.3085 is hereby amended to read as follows: 24
293.3085 1. Following each election, a canvass of the 25
provisional ballots cast in the election must be conducted pursuant 26
to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387. 27
2. The county and city clerk shall not: 28
(a) Include any provisional ballot in the unofficial results 29
reported on election night; or 30
(b) Open any envelope containing a provisional ballot before 8 31
a.m. on the Wednesday following election day. 32
3. Except as otherwise provided in subsection 4, a provisional 33
ballot must be counted if: 34
(a) The county or city clerk determines that the person who cast 35
the provisional ballot was registered to vote in the election, eligible 36
to vote in the election and issued the appropriate ballot for the 37
address at which the person resides; 38
(b) A voter who failed to provide required identification at the 39
polling place or with his or her mailed ballot provides the required 40
identification to the county or city clerk not later than 5 p.m. on the 41
Friday following election day [;] , including, if applicable, his or 42
her proof of identity; or 43
(c) A court order has not been issued by 5 p.m. on the Friday 44
following election day directing that provisional ballots cast 45
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pursuant to subsection 3 of NRS 293.3081 not be counted, and the 1
provisional ballot was cast pursuant to subsection 3 of 2
NRS 293.3081. 3
4. A provisional ballot must not be counted if the county or 4
city clerk determines that the person who cast the provisional ballot 5
cast the wrong ballot for the address at which the person resides. 6
Sec. 29. NRS 293.356 is hereby amended to read as follows: 7
293.356 If a request is made to vote early by a registered voter 8
in person, the election board shall , except as otherwise provided in 9
NRS 293.3585, issue a ballot for early voting to the voter. Such a 10
ballot must be voted on the premises of a polling place for early 11
voting established pursuant to NRS 293.3564, 293.3572, 293.3575 12
or 298.690. 13
Sec. 30. NRS 293.3585 is hereby amended to read as follows: 14
293.3585 1. Except as otherwise provided in NRS 293.283 15
and 293.5772 to 293.5887, inclusive, upon the appearance of a 16
person to cast a ballot for early voting, an election board officer 17
shall: 18
(a) Determine [that] whether the person is a registered voter in 19
the county. 20
(b) Instruct the registered voter to sign the roster for early 21
voting or a signature card. 22
(c) [Verify the signature of the voter in the manner set forth in 23
NRS 293.277.] Require the registered voter to present proof of 24
identity. 25
(d) Verify that the registered voter has not already voted in that 26
county in the current election. 27
2. [Except as otherwise provided in NRS 293.57691, if the 28
signature of the voter does not match, the voter must be identified 29
by: 30
(a) Answering questions from the election board officer 31
covering the personal data which is reported on the application to 32
register to vote; 33
(b) Providing the election board officer, orally or in writing, 34
with other personal data which verifies the identity of the voter; or 35
(c) Providing the election board officer with proof of 36
identification as described in NRS 293.277 other than the voter 37
registration card issued to the voter. 38
3. If the signature of the voter has changed in comparison to 39
the signature on the application to register to vote, the voter must 40
update his or her signature on a form prescribed by the Secretary of 41
State. 42
4.] The county clerk shall prescribe a procedure, approved by 43
the Secretary of State, to verify that the registered voter has not 44
already voted in that county in the current election. 45
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[5.] 3. The roster for early voting or a signature card, as 1
applicable, must contain: 2
(a) The registered voter’s name, the address where he or she is 3
registered to vote, his or her voter identification number and a place 4
for the registered voter’s signature; 5
(b) The registered voter’s precinct or voting district number, if 6
that information is available; and 7
(c) The date of voting early in person. 8
[6.] 4. When a registered voter is entitled to cast a ballot and 9
has identified himself or herself to the satisfaction of the election 10
board officer, the registered voter is entitled to receive the 11
appropriate ballot or ballots, but only for his or her own use at the 12
polling place for early voting. 13
[7.] 5. If the ballot is voted on a mechanical recording device 14
which directly records the votes electronically, the election board 15
officer shall: 16
(a) Prepare the mechanical recording device for the registered 17
voter; 18
(b) Ensure that the registered voter’s precinct or voting district, 19
if that information is available, and the form of ballot are indicated 20
on the voting receipt, if the county clerk uses voting receipts; and 21
(c) Allow the registered voter to cast a vote. 22
[8.] 6. A registered voter applying to vote early by personal 23
appearance may be challenged pursuant to NRS 293.303. 24
[9. For the purposes of subsection 2, the personal data of a 25
voter may include his or her date of birth.] 26
Sec. 31. NRS 293.4688 is hereby amended to read as follows: 27
293.4688 1. The Secretary of State shall ensure that: 28
(a) All public information that is included on the Internet 29
website required pursuant to NRS 293.4687 is accessible on a 30
mobile device; and 31
(b) A person may use a mobile device to submit any information 32
or form related to elections that a person may otherwise submit 33
electronically to the Secretary of State, including, without limitation, 34
an application to preregister or register to vote , a request for a mail 35
ballot and a request for a military-overseas ballot. 36
2. As used in this section: 37
(a) “Military-overseas ballot” has the meaning ascribed to it in 38
NRS 293D.050. 39
(b) “Mobile device” includes, without limitation, a smartphone 40
or a tablet computer. 41
Sec. 32. NRS 293.5002 is hereby amended to read as follows: 42
293.5002 1. The Secretary of State shall establish procedures 43
to allow a person for whom a fictitious address has been issued 44
pursuant to NRS 217.462 to 217.471, inclusive, to: 45
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(a) Preregister or register to vote; and 1
(b) Vote by mail ballot, 2
without revealing the confidential address of the person. 3
2. In addition to establishing appropriate procedures or 4
developing forms pursuant to subsection 1, the Secretary of State 5
shall develop a form to allow a person for whom a fictitious address 6
has been issued to preregister or register to vote or to change the 7
address of the person’s current preregistration or registration, as 8
applicable. The form must include: 9
(a) A section that contains the confidential address of the 10
person; and 11
(b) A section that contains the fictitious address of the person. 12
3. Upon receiving a completed form from a person for whom a 13
fictitious address has been issued, the Secretary of State shall: 14
(a) On the portion of the form that contains the fictitious address 15
of the person, indicate the county and precinct in which the person 16
will vote and forward this portion of the form to the appropriate 17
county clerk; and 18
(b) File the portion of the form that contains the confidential 19
address. 20
4. Notwithstanding any other provision of law: 21
(a) Any request received by the Secretary of State pursuant to 22
subsection 3 shall be deemed a request for a permanent mail 23
ballot. 24
(b) The Secretary of State and each county clerk shall keep the 25
portion of the form developed pursuant to subsection 2 that he or 26
she retains separate from other applications for preregistration or 27
registration. 28
[(b)] (c) The Secretary of State or a county or city clerk shall 29
not make the name, confidential address, fictitious address, 30
telephone number or electronic mail address of the person who has 31
been issued a fictitious address available for: 32
(1) Inspection or copying; or 33
(2) Inclusion in any list that is made available for public 34
inspection, 35
unless directed to do so by lawful order of a court of competent 36
jurisdiction. 37
Sec. 33. NRS 293.505 is hereby amended to read as follows: 38
293.505 1. All justices of the peace, except those located in 39
county seats, are ex officio field registrars to carry out the 40
provisions of this chapter. 41
2. The county clerk shall appoint at least one registered voter to 42
serve as a field registrar of voters who, except as otherwise provided 43
in NRS 293.5055, shall preregister and register voters within the 44
county for which the field registrar is appointed. Except as 45
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otherwise provided in subsection 1, a candidate for any office may 1
not be appointed or serve as a field registrar. A field registrar serves 2
at the pleasure of the county clerk and shall perform such duties as 3
the county clerk may direct. The county clerk shall not knowingly 4
appoint any person as a field registrar who has been convicted of a 5
felony involving theft or fraud. The Secretary of State may bring an 6
action against a county clerk to collect a civil penalty of not more 7
than $5,000 for each person who is appointed as a field registrar in 8
violation of this subsection. Any civil penalty collected pursuant to 9
this subsection must be deposited with the State Treasurer for credit 10
to the State General Fund. 11
3. A field registrar shall demand of any person who applies for 12
preregistration or registration all information required by the 13
application to preregister or register to vote, as applicable, and shall 14
administer all oaths required by this chapter. 15
4. When a field registrar has in his or her possession five or 16
more completed applications to preregister or register to vote, the 17
field registrar shall forward them to the county clerk, but in no case 18
may the field registrar hold any number of them for more than 10 19
days. 20
5. Each field registrar shall forward to the county clerk all 21
completed applications in his or her possession immediately after 22
the last day to register to vote by mail pursuant to NRS 293.560 or 23
293C.527, as applicable. Within 5 days after the last day to register 24
to vote by mail pursuant to NRS 293.560 or 293C.527, as 25
applicable, a field registrar shall return all unused applications in his 26
or her possession to the county clerk. If all of the unused 27
applications are not returned to the county clerk, the field registrar 28
shall account for the unreturned applications. 29
6. Each field registrar shall submit to the county clerk a list of 30
the serial numbers of the completed applications to preregister or 31
register to vote and the names of the electors on those applications. 32
The serial numbers must be listed in numerical order. 33
7. Each field registrar shall post notices sent to him or her by 34
the county clerk for posting in accordance with the election laws of 35
this State. 36
8. A field registrar, employee of a voter registration agency or 37
person assisting a voter pursuant to NRS 293.5235 shall not: 38
(a) Delegate any of his or her duties to another person; or 39
(b) Refuse to preregister or register a person on account of that 40
person’s political party affiliation. 41
9. A person shall not hold himself or herself out to be or 42
attempt to exercise the duties of a field registrar unless the person 43
has been so appointed. 44
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10. A county clerk, field registrar, employee of a voter 1
registration agency or person assisting another person pursuant to 2
NRS 293.5235 shall not: 3
(a) Solicit a vote for or against a particular question or 4
candidate; 5
(b) Speak to a person on the subject of marking his or her ballot 6
for or against a particular question or candidate; or 7
(c) Distribute any petition or other material concerning a 8
candidate or question which will be on the ballot for the ensuing 9
election, 10
while preregistering or registering the person. 11
11. When the county clerk receives applications to preregister 12
or register to vote from a field registrar, the county clerk shall issue 13
a receipt to the field registrar. The receipt must include: 14
(a) The number of persons preregistered or registered; and 15
(b) The political party of the persons preregistered or registered. 16
12. A county clerk, field registrar, employee of a voter 17
registration agency or person assisting another person pursuant to 18
NRS 293.5235 shall not: 19
(a) Knowingly: 20
(1) Register a person who is not a qualified elector or a 21
person who has filed a false or misleading application to register to 22
vote; or 23
(2) Preregister a person who does not meet the qualifications 24
set forth in NRS 293.4855; or 25
(b) Preregister or register a person who fails to provide 26
satisfactory [proof] evidence of [identification] his or her identity 27
and the address at which the person actually resides. 28
13. A county clerk, field registrar, employee of a voter 29
registration agency, person assisting another person pursuant to 30
NRS 293.5235 or any other person providing a form for the 31
application to preregister or register to vote to an elector for the 32
purpose of preregistering or registering to vote: 33
(a) If the person who assists another person with completing the 34
form for the application to preregister or register to vote retains the 35
form, shall enter his or her name on the duplicate copy or receipt 36
retained by the person upon completion of the form; and 37
(b) Shall not alter, deface or destroy an application to preregister 38
or register to vote that has been signed by a person except to correct 39
information contained in the application after receiving notice from 40
the person that a change in or addition to the information is required. 41
14. If a field registrar violates any of the provisions of this 42
section, the county clerk shall immediately suspend the field 43
registrar and notify the district attorney of the county in which the 44
violation occurred. 45
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15. A person who violates any of the provisions of subsection 1
8, 9, 10, 12 or 13 is guilty of a category E felony and shall be 2
punished as provided in NRS 193.130. 3
Sec. 34. NRS 293.517 is hereby amended to read as follows: 4
293.517 1. Any person who meets the qualifications set forth 5
in NRS 293.4855 residing within the county may preregister to vote 6
and any elector residing within the county may register to vote: 7
(a) Except as otherwise provided in NRS 293.560 and 8
293C.527, by appearing before the county clerk, a field registrar or a 9
voter registration agency, completing the application to preregister 10
or register to vote, giving true and satisfactory answers to all 11
questions relevant to his or her identity and right to preregister or 12
register to vote, and providing [proof] evidence of residence and 13
identity [;] in accordance with this subsection; 14
(b) By completing and mailing or personally delivering to the 15
county clerk an application to preregister or register to vote pursuant 16
to the provisions of NRS 293.5235; 17
(c) Pursuant to the provisions of NRS 293.5727 or chapter 293D 18
of NRS; 19
(d) At his or her residence with the assistance of a field registrar 20
pursuant to NRS 293.5237; 21
(e) By submitting an application to preregister or register to vote 22
by computer using the system established by the Secretary of State 23
pursuant to NRS 293.671; or 24
(f) By any other method authorized by the provisions of this 25
title. 26
The county clerk shall require a person to submit official 27
identification as [proof] evidence of residence and identity [,] in 28
accordance with this subsection, such as a driver’s license or other 29
official document, before preregistering or registering the person. If 30
the applicant preregisters or registers to vote pursuant to this 31
subsection and fails to provide [proof] evidence of residence and 32
identity, the applicant must provide [proof] evidence of residence 33
and identity before casting a ballot in person or by mail or after 34
casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, 35
inclusive. For the purposes of this subsection, a voter registration 36
card does not provide [proof] evidence of the residence or identity 37
of a person. 38
2. In addition to the methods for registering to vote described 39
in subsection 1, an elector may register to vote pursuant to: 40
(a) NRS 293.269951, if applicable; 41
(b) NRS 293.5768 to 293.57699, inclusive; or 42
(c) NRS 293.5772 to 293.5887, inclusive. 43
3. Except as otherwise provided in NRS 293.5768 to 44
293.57699, inclusive, the application to preregister or register to 45
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vote must be signed and verified under penalty of perjury by the 1
person preregistering or the elector registering. 2
4. Each person or elector who is or has been married must be 3
preregistered or registered under his or her own given or first name, 4
and not under the given or first name or initials of his or her spouse. 5
5. A person or an elector who is preregistered or registered and 6
changes his or her name must complete a new application to 7
preregister or register to vote, as applicable. The person or elector 8
may obtain a new application: 9
(a) At the office of the county clerk or field registrar; 10
(b) By submitting an application to preregister or register to vote 11
pursuant to the provisions of NRS 293.5235; 12
(c) By submitting a written statement to the county clerk 13
requesting the county clerk to mail an application to preregister or 14
register to vote; 15
(d) At any voter registration agency; or 16
(e) By submitting an application to preregister or register to vote 17
by computer using the system established by the Secretary of State 18
pursuant to NRS 293.671. 19
If the elector fails to register under his or her new name, the 20
elector may be challenged pursuant to the provisions of NRS 21
293.303 or 293C.292 and may be required to furnish [proof] 22
evidence of his or her identity and subsequent change of name. 23
6. Except as otherwise provided in subsection 8 and NRS 24
293.5768 to 293.57699, inclusive, and 293.5772 to 293.5887, 25
inclusive, an elector who registers to vote pursuant to paragraph (a) 26
of subsection 1 shall be deemed to be registered upon the 27
completion of an application to register to vote. 28
7. After the county clerk determines that the application to 29
register to vote of a person is complete and that, except as otherwise 30
provided in NRS 293D.210, the person is eligible to vote pursuant 31
to NRS 293.485, the county clerk shall issue a voter registration 32
card to the voter. 33
8. If a person or an elector submits an application to preregister 34
or register to vote or an affidavit described in paragraph (c) of 35
subsection 1 of NRS 293.507 that contains any handwritten 36
additions, erasures or interlineations, the county clerk may object to 37
the application if the county clerk believes that because of such 38
handwritten additions, erasures or interlineations, the application is 39
incomplete or that, except as otherwise provided in NRS 293D.210, 40
the person is not eligible to preregister pursuant to NRS 293.4855 or 41
the elector is not eligible to vote pursuant to NRS 293.485, as 42
applicable. If the county clerk objects pursuant to this subsection, he 43
or she shall immediately notify the person or elector, as applicable, 44
and the district attorney of the county. Not later than 5 business days 45
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after the district attorney receives such notification, the district 1
attorney shall advise the county clerk as to whether: 2
(a) The application is complete and, except as otherwise 3
provided in NRS 293D.210, the person is eligible to preregister 4
pursuant to NRS 293.4855 or the elector is eligible to vote pursuant 5
to NRS 293.485; and 6
(b) The county clerk should proceed to process the application. 7
9. If the district attorney advises the county clerk to process the 8
application pursuant to subsection 8, the county clerk shall 9
immediately issue a voter registration card to the applicant, unless 10
the applicant is preregistered to vote and does not currently meet the 11
requirements to be issued a voter registration card pursuant to 12
NRS 293.4855. 13
Sec. 35. NRS 293.541 is hereby amended to read as follows: 14
293.541 1. The county clerk shall cancel the preregistration 15
of a person or the registration of a voter if: 16
(a) After consultation with the district attorney, the district 17
attorney determines that there is probable cause to believe that 18
information in the application to preregister or register to vote 19
concerning the identity or residence of the person or voter is 20
fraudulent; 21
(b) The county clerk provides a notice as required pursuant to 22
subsection 2 or executes an affidavit of cancellation pursuant to 23
subsection 3; and 24
(c) The person or voter fails to present satisfactory [proof] 25
evidence of identity and residence pursuant to subsection 2, 4 or 5. 26
2. Except as otherwise provided in subsection 3, the county 27
clerk shall notify the person or voter by registered or certified mail, 28
return receipt requested, of a determination made pursuant to 29
subsection 1. The notice must set forth the grounds for cancellation. 30
Unless the person or voter, within 15 days after the return receipt 31
has been filed in the office of the county clerk, presents satisfactory 32
[proof] evidence of identity and residence to the county clerk, the 33
county clerk shall cancel the person’s preregistration or the voter’s 34
registration, as applicable. 35
3. If insufficient time exists before a pending election to 36
provide the notice required by subsection 2 to a registered voter, the 37
county clerk shall execute an affidavit of cancellation and attach a 38
copy of the affidavit of cancellation in the roster. 39
4. If a voter appears to vote at the election next following the 40
date that an affidavit of cancellation was executed for the voter 41
pursuant to this section, the voter must be allowed to vote only if the 42
voter furnishes: 43
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(a) [Official identification which contains a photograph of the 1
voter, including, without limitation, a driver’s license or other 2
official document;] Proof of identity; and 3
(b) Satisfactory [identification that contains proof] evidence of 4
the address at which the voter actually resides and that address is 5
consistent with the address listed on the roster. 6
5. If a determination is made pursuant to subsection 1 7
concerning information in the registration to vote of a voter and a 8
mail ballot is received from the voter, the mail ballot must be kept 9
separate from other ballots and must not be counted unless the voter 10
presents satisfactory [proof] evidence to the county clerk of identity 11
and residence before such ballots are counted on election day. 12
6. For the purposes of this section, a voter registration card 13
does not provide [proof] evidence of the: 14
(a) Address at which a person actually resides; or 15
(b) Residence or identity of a person. 16
Sec. 36. NRS 293.5768 is hereby amended to read as follows: 17
293.5768 1. The following agencies are automatic voter 18
registration agencies: 19
(a) The Department of Motor Vehicles; 20
(b) The Department of Health and Human Services; 21
(c) Any agency designated by the Director of the Department of 22
Health and Human Services to receive applications for Medicaid; 23
(d) The Silver State Health Insurance Exchange created by 24
NRS 695I.200; 25
(e) Any agency that has been designated by the Governor as an 26
automatic voter registration agency pursuant to NRS 293.57682; and 27
(f) Any agency of an Indian tribe that has been designated by the 28
Governor to be an automatic voter registration agency pursuant to 29
NRS 293.57684. 30
2. If, in the normal course of business, an automatic voter 31
registration agency collects sufficient information that demonstrates 32
a person is qualified to vote pursuant to NRS 293.485, including, 33
without limitation, [proof] evidence of identity, citizenship, 34
residence and date of birth, the provisions of NRS 293.5768 to 35
293.57699, inclusive, apply to the automatic voter registration 36
agency when a person submits any of the following: 37
(a) An application for the issuance or renewal of or change of 38
address for any type of driver’s license or identification card issued 39
by the Department of Motor Vehicles; 40
(b) An application for Medicaid through the system established 41
by the Department of Health and Human Services pursuant to 42
NRS 422.2703; 43
(c) An application for health insurance through the Silver State 44
Health Insurance Exchange; and 45
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(d) An application for any service or assistance from an 1
automatic voter registration agency described in paragraph (e) or (f) 2
of subsection 1. 3
3. An automatic voter registration agency shall not: 4
(a) Request any additional information for purposes of voter 5
registration that is not required in the normal course of business; and 6
(b) Transmit any information about a person using the system 7
established pursuant to NRS 293.57686 if the person did not provide 8
the agency in the normal course of business sufficient information 9
that demonstrates the person is qualified to vote pursuant to NRS 10
293.485, including, without limitation, [proof] evidence of identity, 11
citizenship, residence and date of birth. 12
Sec. 37. NRS 293.57682 is hereby amended to read as 13
follows: 14
293.57682 1. The Governor may designate any agency in the 15
Executive Department of the State Government not described in 16
paragraphs (a) to (d), inclusive, of subsection 1 of NRS 293.5768 as 17
an automatic voter registration agency if the agency collects in the 18
regular course of business from a person applying to the agency to 19
receive any service or assistance sufficient information that 20
demonstrates a person is qualified to vote pursuant to NRS 293.485, 21
including, without limitation, [proof] evidence of identity, 22
citizenship, residence and date of birth. 23
2. Upon the designation of an agency as an automatic voter 24
registration agency pursuant to subsection 1: 25
(a) The Governor shall notify the Secretary of State; and 26
(b) The Secretary of State and the automatic voter registration 27
agency shall comply with the provisions of NRS 293.57686. 28
Sec. 38. NRS 293.57684 is hereby amended to read as 29
follows: 30
293.57684 1. If an Indian reservation or Indian colony is 31
located in whole or in part within a county, the Indian tribe may 32
submit a request to the Governor for approval to allow an agency of 33
the tribe to become an automatic voter registration agency in order 34
to submit voter registration information of tribal members to the 35
Secretary of State and the appropriate county clerk for the purpose 36
of registering tribal members to vote or updating the voter 37
registration information of tribal members for the purpose of 38
correcting the statewide voter registration list pursuant to 39
NRS 293.530. 40
2. If the Governor finds that the tribal agency collects in the 41
regular course of business from a person applying to the agency to 42
receive any service or assistance sufficient information that 43
demonstrates the person is qualified to vote pursuant to 44
– 38 –
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NRS 293.485, including, without limitation, [proof] evidence of 1
identity, citizenship, residence and date of birth: 2
(a) The Governor shall designate the tribal agency as an 3
automatic voter registration agency; and 4
(b) The Secretary of State and the Indian tribe shall comply with 5
the provisions of NRS 293.57686. 6
Sec. 39. NRS 293.57691 is hereby amended to read as 7
follows: 8
293.57691 1. A county clerk shall not reject as an application 9
to register to vote the information received from an automatic voter 10
registration agency solely on the basis that the information does not 11
contain an electronic facsimile of the signature of the person who is 12
applying to vote or update his or her voter registration information 13
on the statewide voter registration list. 14
2. If the county clerk does not receive an electronic facsimile 15
of the signature of the person from the automatic voter registration 16
agency, the county clerk must obtain the person’s signature or an 17
electronic facsimile of the person’s signature through one of the 18
following methods: 19
(a) Through the notice provided by the county clerk to the 20
person pursuant to NRS 293.57693, if the notice is returned to 21
the county clerk by the person and the returned notice includes the 22
person’s signature; 23
(b) Requesting an electronic facsimile of the person’s signature 24
from the Department of Motor Vehicles or another state agency; 25
(c) Requesting the person to submit an electronic facsimile of 26
the person’s signature through a method approved by the Secretary 27
of State; or 28
(d) Requesting the person to sign a paper or electronic form the 29
first time the person applies to vote in person at a polling place, 30
including, without limitation, a polling place for early voting by 31
personal appearance. A signature provided by a person pursuant to 32
this paragraph must be compared to [one of the forms of 33
identification which may be used individually to identify a voter at 34
the polling place set forth in NRS 293.277] the signature on the 35
person’s proof of identity before the person is allowed to vote in 36
person. 37
3. In addition to the requirements of this section and NRS 38
293.2725, a person who is registered to vote pursuant to NRS 39
293.5768 to 293.57699, inclusive, must provide an affirmation 40
signed under penalty of perjury that the person is eligible to vote the 41
first time a person votes in person or by mail ballot if the person has 42
not already provided such an affirmation to the county clerk. 43
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Sec. 40. NRS 293.5837 is hereby amended to read as follows: 1
293.5837 1. An elector may register to vote in the county or 2
city, as applicable, in which the elector is eligible to vote by 3
submitting an application to register to vote by computer using the 4
system established by the Secretary of State pursuant to NRS 5
293.671 before the elector appears at a polling place described in 6
subsection 2 to vote in person. 7
2. If an elector submits an application to register to vote 8
pursuant to this section less than 14 days before the election, the 9
elector may vote only in person: 10
(a) During the period for early voting, at any polling place for 11
early voting by personal appearance in the county or city, as 12
applicable, in which the elector is eligible to vote; or 13
(b) On the day of the election, at: 14
(1) A polling place established pursuant to NRS 293.3072 or 15
293C.3032 in the county or city, as applicable, in which the elector 16
is eligible to vote; or 17
(2) The polling place for his or her election precinct. 18
3. To vote in person, an elector who submits an application to 19
register to vote pursuant to this section must: 20
(a) Appear before the close of polls at a polling place described 21
in subsection 2; 22
(b) Inform an election board officer that, before appearing at the 23
polling place, the elector submitted an application to register to vote 24
by computer using the system established by the Secretary of State 25
pursuant to NRS 293.671; and 26
(c) Except as otherwise provided in subsection 4, provide his or 27
her current and valid driver’s license or identification card issued by 28
the Department of Motor Vehicles which shows his or her physical 29
address as [proof] evidence of the elector’s identity and residency. 30
4. If the driver’s license or identification card issued by the 31
Department of Motor Vehicles to the elector does not have the 32
elector’s current residential address, the following documents may 33
be used to establish the residency of the elector if the current 34
residential address of the elector, as indicated on his or her 35
application to register to vote, is displayed on the document: 36
(a) A military identification card; 37
(b) A utility bill, including, without limitation, a bill for electric, 38
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 39
television service; 40
(c) A bank or credit union statement; 41
(d) A paycheck; 42
(e) An income tax return; 43
(f) A statement concerning the mortgage, rental or lease of a 44
residence; 45
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(g) A motor vehicle registration; 1
(h) A property tax statement; or 2
(i) Any other document issued by a governmental agency. 3
5. Subject to final verification, if an elector submits an 4
application to register to vote and appears at a polling place to vote 5
in person pursuant to this section: 6
(a) The elector shall be deemed to be conditionally registered to 7
vote at the polling place upon: 8
(1) The determination that the elector submitted the 9
application to register to vote by computer using the system 10
established by the Secretary of State pursuant to NRS 293.671 and 11
that the application to register to vote is complete; and 12
(2) The verification of the elector’s identity and residency 13
pursuant to this section. 14
(b) After the elector is deemed to be conditionally registered to 15
vote at the polling place pursuant to paragraph (a), the elector: 16
(1) May vote in the election only at that polling place; 17
(2) Must vote as soon as practicable and before leaving that 18
polling place; and 19
(3) Must vote by casting a provisional ballot, unless it is 20
verified, at that time, that the elector is qualified to register to vote 21
and to cast a regular ballot in the election at that polling place. 22
Sec. 41. NRS 293.5842 is hereby amended to read as follows: 23
293.5842 1. Notwithstanding the close of any method of 24
registration for an election pursuant to NRS 293.560 or 293C.527, 25
an elector may register to vote in person at any polling place for 26
early voting by personal appearance in the county or city, as 27
applicable, in which the elector is eligible to vote. 28
2. To register to vote in person during the period for early 29
voting, an elector must: 30
(a) Appear before the close of polls at a polling place for early 31
voting by personal appearance in the county or city, as applicable, in 32
which the elector is eligible to vote. 33
(b) Complete the application to register to vote by a method 34
authorized by the county or city clerk pursuant to this paragraph. 35
The county or city clerk shall authorize at least one of the following 36
methods for a person to register to vote pursuant to this paragraph: 37
(1) A paper application; or 38
(2) The system established by the Secretary of State pursuant 39
to NRS 293.671. 40
If the county or city clerk authorizes the use of both methods, the 41
county or city clerk may limit the use of one method to 42
circumstances when the other method is not reasonably available. 43
(c) Except as otherwise provided in subsection 3, provide his or 44
her current and valid driver’s license or identification card issued by 45
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the Department of Motor Vehicles which shows his or her physical 1
address as [proof] evidence of the elector’s identity and residency. 2
3. If the driver’s license or identification card issued by the 3
Department of Motor Vehicles to the elector does not have the 4
elector’s current residential address, the following documents may 5
be used to establish the residency of the elector if the current 6
residential address of the elector, as indicated on his or her 7
application to register to vote, is displayed on the document: 8
(a) A military identification card; 9
(b) A utility bill, including, without limitation, a bill for electric, 10
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 11
television service; 12
(c) A bank or credit union statement; 13
(d) A paycheck; 14
(e) An income tax return; 15
(f) A statement concerning the mortgage, rental or lease of a 16
residence; 17
(g) A motor vehicle registration; 18
(h) A property tax statement; or 19
(i) Any other document issued by a governmental agency. 20
4. Subject to final verification, if an elector registers to vote in 21
person at a polling place pursuant to this section: 22
(a) The elector shall be deemed to be conditionally registered to 23
vote at the polling place upon: 24
(1) The determination that the application to register to vote 25
is complete; and 26
(2) The verification of the elector’s identity and residency 27
pursuant to this section. 28
(b) After the elector is deemed to be conditionally registered to 29
vote at the polling place pursuant to paragraph (a), the elector: 30
(1) May vote in the election only at that polling place; 31
(2) Must vote as soon as practicable and before leaving that 32
polling place; and 33
(3) Must vote by casting a provisional ballot, unless it is 34
verified, at that time, that the elector is qualified to register to vote 35
and to cast a regular ballot in the election at that polling place. 36
Sec. 42. NRS 293.5847 is hereby amended to read as follows: 37
293.5847 1. Notwithstanding the close of any method of 38
registration for an election pursuant to NRS 293.560 or 293C.527, 39
an elector may register to vote in person on the day of the election at 40
any polling place in the county or city, as applicable, in which the 41
elector is eligible to vote. 42
2. To register to vote on the day of the election, an elector 43
must: 44
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- *SB405*
(a) Appear before the close of polls at a polling place in the 1
county or city, as applicable, in which the elector is eligible to vote. 2
(b) Complete the application to register to vote by a method 3
authorized by the county or city clerk pursuant to this paragraph. 4
The county or city clerk shall authorize at least one of the following 5
methods for a person to register to vote pursuant to this paragraph: 6
(1) A paper application; or 7
(2) The system established by the Secretary of State pursuant 8
to NRS 293.671. 9
If the county or city clerk authorizes the use of both methods, the 10
county or city clerk may limit the use of one method to 11
circumstances when the other method is not reasonably available. 12
(c) Except as otherwise provided in subsection 3, provide his or 13
her current and valid driver’s license or identification card issued by 14
the Department of Motor Vehicles which shows his or her physical 15
address as [proof] evidence of the elector’s identity and residency. 16
3. If the driver’s license or identification card issued by the 17
Department of Motor Vehicles to the elector does not have the 18
elector’s current residential address, the following documents may 19
be used to establish the residency of the elector if the current 20
residential address of the elector, as indicated on his or her 21
application to register to vote, is displayed on the document: 22
(a) A military identification card; 23
(b) A utility bill, including, without limitation, a bill for electric, 24
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 25
television service; 26
(c) A bank or credit union statement; 27
(d) A paycheck; 28
(e) An income tax return; 29
(f) A statement concerning the mortgage, rental or lease of a 30
residence; 31
(g) A motor vehicle registration; 32
(h) A property tax statement; or 33
(i) Any other document issued by a governmental agency. 34
4. Subject to final verification, if an elector registers to vote in 35
person at a polling place pursuant to this section: 36
(a) The elector shall be deemed to be conditionally registered to 37
vote at the polling place upon: 38
(1) The determination that the application to register to vote 39
is complete; and 40
(2) The verification of the elector’s identity and residency 41
pursuant to this section. 42
(b) After the elector is deemed to be conditionally registered to 43
vote at the polling place pursuant to paragraph (a), the elector: 44
(1) May vote in the election only at that polling place; 45
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(2) Must vote as soon as practicable and before leaving that 1
polling place; and 2
(3) Must vote by casting a provisional ballot. 3
Sec. 43. Chapter 293C of NRS is hereby amended by adding 4
thereto the provisions set forth as sections 44 and 45 of this act. 5
Sec. 44. 1. Except as otherwise provided in subsection 2, 6
NRS 293.502 and 293C.265 and chapter 293D of NRS, a 7
registered voter may request a mail ballot if, before 5 p.m. on the 8
14th calendar day preceding the election, the registered voter 9
provides sufficient written notice to the city clerk in the form 10
prescribed by the Secretary of State. A registered voter is not 11
required to show cause to request a mail ballot. 12
2. A registered voter with a disability may use the system for 13
approved electronic transmission established by the Secretary of 14
State pursuant to subsection 2 of NRS 293D.200 to request a mail 15
ballot in accordance with NRS 293.269951. 16
3. It is unlawful for a person fraudulently to request a mail 17
ballot in the name of another person or to induce or coerce 18
another person fraudulently to request a mail ballot in the name 19
of another person. A person who violates this subsection is guilty 20
of a category E felony and shall be punished as provided in 21
NRS 193.130. 22
Sec. 45. A city clerk shall not mail a mail ballot requested by 23
a registered voter if, after the request is submitted: 24
1. The registered voter is designated inactive pursuant to NRS 25
293.530; or 26
2. The county clerk cancels the registration of the person 27
pursuant to NRS 293.530, 293.535 or 293.540. 28
Sec. 46. NRS 293C.112 is hereby amended to read as follows: 29
293C.112 1. The governing body of a city may conduct a city 30
election in which all ballots must be cast by mail in accordance with 31
the provisions of NRS 293C.263 to 293C.26337, inclusive, and 32
sections 44 to 45 of this act if: 33
(a) The election is a special election; or 34
(b) The election is a primary city election or general city 35
election in which the ballot includes only: 36
(1) Offices and ballot questions that may be voted on by the 37
registered voters of only one ward; or 38
(2) One office or ballot question. 39
2. The provisions of NRS 293.5772 to 293.5887, inclusive, 40
293C.265 to 293C.302, inclusive, and 293C.355 to 293C.361, 41
inclusive, do not apply to an election conducted pursuant to this 42
section. 43
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Sec. 47. NRS 293C.185 is hereby amended to read as follows: 1
293C.185 1. Except as otherwise provided in NRS 293C.190, 2
a name may not be printed on a ballot to be used at a primary or 3
general city election unless the person named has, in accordance 4
with NRS 293C.145 or 293C.175, as applicable, timely filed a 5
declaration of candidacy with the appropriate filing officer and paid 6
the filing fee established by the governing body of the city. 7
2. A declaration of candidacy required to be filed pursuant to 8
this chapter must be in substantially the following form: 9
10
DECLARATION OF CANDIDACY OF ........ FOR THE 11
OFFICE OF ................ 12
13
State of Nevada 14
15
City of ................................. 16
17
For the purpose of having my name placed on the official 18
ballot as a candidate for the office of .................., I, 19
.................., the undersigned do swear or affirm under penalty 20
of perjury that I actually, as opposed to constructively, reside 21
at .................., in the City or Town of .................., County of 22
.................., State of Nevada; that my actual, as opposed to 23
constructive, residence in the city, township or other area 24
prescribed by law to which the office pertains began on a date 25
at least 30 days immediately preceding the date of the close 26
of filing of declarations of candidacy for this office; that my 27
telephone number is .................., and the address at which I 28
receive mail, if different than my residence, is ..................; 29
that I am a qualified elector pursuant to Section 1 of Article 2 30
of the Constitution of the State of Nevada; that if I have ever 31
been convicted of treason or a felony, my civil rights have 32
been restored; that if nominated as a candidate at the ensuing 33
election I will accept the nomination and not withdraw; that I 34
will not knowingly violate any election law or any law 35
defining and prohibiting corrupt and fraudulent practices in 36
campaigns and elections in this State; that I will qualify for 37
the office if elected thereto, including, but not limited to, 38
complying with any limitation prescribed by the Constitution 39
and laws of this State concerning the number of years or 40
terms for which a person may hold the office; that I 41
understand that knowingly and willfully filing a declaration 42
of candidacy which contains a false statement is a crime 43
punishable as a gross misdemeanor and also subjects me to a 44
civil action disqualifying me from entering upon the duties of 45
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the office; and that I understand that my name will appear on 1
all ballots as designated in this declaration. 2
3
.................................................................. 4
(Designation of name) 5
6
.................................................................. 7
(Signature of candidate for office) 8
9
Subscribed and sworn to before me 10
this ...... day of the month of ...... of the year ...... 11
12
........................................................................ 13
Notary Public or other person 14
authorized to administer an oath 15
16
3. The address of a candidate that must be included in the 17
declaration of candidacy pursuant to subsection 2 must be the street 18
address of the residence where the candidate actually, as opposed to 19
constructively, resides in accordance with NRS 281.050, if one has 20
been assigned. The declaration of candidacy must not be accepted 21
for filing if the candidate fails to comply with the following 22
provisions of this subsection or, if applicable, the provisions of 23
subsection 4: 24
(a) The candidate shall not list the candidate’s address as a post 25
office box unless a street address has not been assigned to the 26
residence; and 27
(b) Except as otherwise provided in subsection 4, the candidate 28
shall present to the filing officer: 29
(1) A valid driver’s license or identification card issued by a 30
governmental agency that contains a photograph of the candidate 31
and the candidate’s residential address; or 32
(2) A current utility bill, bank statement, paycheck, or 33
document issued by a governmental entity, including a check which 34
indicates the candidate’s name and residential address, but not 35
including a voter registration card. 36
4. If the candidate executes an oath or affirmation under 37
penalty of perjury stating that the candidate is unable to present to 38
the filing officer the proof of residency required by subsection 3 39
because a street address has not been assigned to the candidate’s 40
residence or because the rural or remote location of the candidate’s 41
residence makes it impracticable to present the proof of residency 42
required by subsection 3, the candidate shall present to the filing 43
officer: 44
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(a) A valid driver’s license or identification card issued by a 1
governmental agency that contains a photograph of the candidate; 2
and 3
(b) Alternative proof of the candidate’s residential address that 4
the filing officer determines is sufficient to verify where the 5
candidate actually, as opposed to constructively, resides in 6
accordance with NRS 281.050. The Secretary of State may adopt 7
regulations establishing the forms of alternative proof of the 8
candidate’s residential address that the filing officer may accept to 9
verify where the candidate actually, as opposed to constructively, 10
resides in accordance with NRS 281.050. 11
5. The filing officer shall retain a copy of the [proof] evidence 12
of identity and residency provided by the candidate pursuant to 13
subsection 3 or 4. Such a copy: 14
(a) May not be withheld from the public; and 15
(b) Must not contain the social security number, driver’s license 16
or identification card number or account number of the candidate. 17
6. By filing the declaration of candidacy, the candidate shall be 18
deemed to have appointed the city clerk as his or her agent for 19
service of process for the purposes of a proceeding pursuant to NRS 20
293C.186. Service of such process must first be attempted at the 21
appropriate address as specified by the candidate in the declaration 22
of candidacy. If the candidate cannot be served at that address, 23
service must be made by personally delivering to and leaving with 24
the city clerk duplicate copies of the process. The city clerk shall 25
immediately send, by registered or certified mail, one of the copies 26
to the candidate at the specified address, unless the candidate has 27
designated in writing to the city clerk a different address for that 28
purpose, in which case the city clerk shall mail the copy to the last 29
address so designated. 30
7. If the city clerk receives credible evidence indicating that a 31
candidate has been convicted of a felony and has not had his or her 32
civil rights restored, the city clerk: 33
(a) May conduct an investigation to determine whether the 34
candidate has been convicted of a felony and, if so, whether the 35
candidate has had his or her civil rights restored; and 36
(b) Shall transmit the credible evidence and the findings from 37
such investigation to the city attorney. 38
8. The receipt of information by the city attorney pursuant to 39
subsection 7 must be treated as a challenge of a candidate pursuant 40
to subsections 4 and 5 of NRS 293C.186 to which the provisions of 41
NRS 293.2045 apply. 42
9. Any person who knowingly and willfully files a declaration 43
of candidacy which contains a false statement in violation of this 44
section is guilty of a gross misdemeanor. 45
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Sec. 48. NRS 293C.263 is hereby amended to read as follows: 1
293C.263 1. [Except as otherwise provided in this section, 2
the] The city clerk shall prepare [and distribute to each active] a 3
mail ballot for the use of registered [voter in the city and each 4
person who registers to vote or updates his or her voter registration 5
information not later than the 14 days before the election a mail 6
ballot for every election.] voters who have requested mail ballots. 7
The city clerk shall make reasonable accommodations for the use of 8
the mail ballot by a person who is elderly or disabled, including, 9
without limitation, by providing, upon request, the mail ballot in 12-10
point type to a person who is elderly or disabled. 11
2. The [city clerk shall allow a voter to elect not to receive a 12
mail ballot pursuant to this section by submitting to the city clerk a 13
written notice in the form prescribed by the city clerk which must be 14
received by the city clerk not later than 60 days before the day of the 15
election. 16
3. The city clerk shall not distribute a mail ballot to any person 17
who: 18
(a) Registers to vote for the election pursuant to the provisions 19
of NRS 293.5772 to 293.5887, inclusive; or 20
(b) Elects not to receive a mail ballot pursuant to subsection 2. 21
4. The mail ballot must include all offices, candidates and 22
measures upon which the voter is entitled to vote at the election. 23
5. Except as otherwise provided in subsections 2 and 3, the] 24
mail ballot must be [distributed] prepared and ready for 25
distribution to: 26
(a) Each [active] registered voter who: 27
(1) Resides within the State, not later than 20 days before the 28
election; and 29
(2) [Except as otherwise provided in paragraph (b), resides] 30
Resides outside the State, not later than 40 days before [the] a 31
primary election, presidential preference primary election or 32
general election. 33
(b) [Each active registered voter who registers to vote after the 34
dates set for distributing mail ballots pursuant to paragraph (a) but 35
who is eligible to receive a mail ballot pursuant to subsection 1, not 36
later than 13 days before the election. 37
(c)] Each covered voter who is entitled to have a military-38
overseas ballot transmitted pursuant to the provisions of chapter 39
293D of NRS or the Uniformed and Overseas Citizens Absentee 40
Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time 41
required by those provisions. 42
[6. In the case of a special election where no candidate for 43
federal office will appear on the ballot, the mail ballot must be 44
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distributed to each active registered voter not later than 15 days 1
before the special election. 2
7.] 3. Any untimely legal action which would prevent the mail 3
ballot from being distributed to any voter pursuant to this section is 4
moot and of no effect. 5
Sec. 49. NRS 293C.26312 is hereby amended to read as 6
follows: 7
293C.26312 1. Except as otherwise provided in [subsection 8
2, NRS 293C.263 and] chapter 293D of NRS, if the request for a 9
mail ballot is made by mail or approved electronic transmission, 10
the city clerk shall , as soon as the mail ballot for the precinct or 11
district in which the voter resides has been prepared pursuant to 12
NRS 293C.263, send to [each active] the registered voter by first-13
class mail, or by any class of mail if the Official Election Mail logo 14
or an equivalent logo or mark created by the United States Postal 15
Service is properly placed: 16
(a) A mail ballot; 17
(b) A return envelope [;] , which must include, without 18
limitation, a flap to cover any identifying number of the voter 19
written on the return envelope pursuant to NRS 293C.26316; 20
(c) An envelope or sleeve into which the mail ballot is inserted 21
to ensure its secrecy; and 22
(d) Instructions. 23
2. [In sending a mail ballot to an active registered voter, the 24
city clerk shall use an envelope that may not be forwarded to an 25
address of the voter that is different from the address to which the 26
mail ballot is mailed. 27
3.] The return envelope must include postage prepaid by first-28
class mail if the [active] registered voter is within the boundaries of 29
the United States, its territories or possessions or on a military base. 30
[4.] 3. Before sending a mail ballot to [an active] a registered 31
voter, the city clerk shall record: 32
(a) The date the mail ballot is issued; 33
(b) The name of the voter to whom the mail ballot is issued, his 34
or her precinct or district and his or her political affiliation, if any, 35
unless all the offices on the mail ballot are nonpartisan offices; 36
(c) The number of the mail ballot; and 37
(d) Any remarks the city clerk finds appropriate. 38
Sec. 50. NRS 293C.26314 is hereby amended to read as 39
follows: 40
293C.26314 1. Except as otherwise provided in subsection 2, 41
if a person applied by mail or computer to register to vote, or 42
preregistered to vote by mail or computer and is subsequently 43
deemed to be registered to vote, and the person has not previously 44
voted in any election for federal office in this State, the city clerk 45
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must inform the person that he or she must include a copy of the 1
information required in paragraph (b) of subsection 1 of NRS 2
293.2725 in the return envelope with the mail ballot. 3
2. The provisions of subsection 1 do not apply to a person who: 4
(a) Registers to vote by mail or computer, or preregisters to vote 5
by mail or computer and is subsequently deemed to be registered to 6
vote, and submits with his or her application to preregister or 7
register to vote: 8
(1) A copy of [a current and valid photo identification;] his 9
or her proof of identity; or 10
(2) A copy of a current utility bill, bank statement, paycheck 11
or document issued by a governmental entity, including a check 12
which indicates the name and address of the person, but not 13
including a voter registration card; 14
(b) Registers to vote by mail or computer and submits with his 15
or her application to register to vote a driver’s license number or at 16
least the last four digits of his or her social security number, if a 17
state or local election official has matched that information with an 18
existing identification record bearing the same number, name and 19
date of birth as provided by the person in the application; 20
(c) Registers to vote pursuant to NRS 293.5768 to 293.57699, 21
inclusive, and at that time presents to the automatic voter 22
registration agency: 23
(1) A copy of [a current and valid photo identification;] his 24
or her proof of identity; 25
(2) A copy of a current utility bill, bank statement, paycheck 26
or document issued by a governmental entity, including a check 27
which indicates the name and address of the person, but not 28
including a voter registration card; or 29
(3) A driver’s license number or at least the last four digits of 30
his or her social security number, if a state or local election official 31
has matched that information with an existing identification record 32
bearing the same number, name and date of birth as provided by the 33
person in the application; 34
(d) Is entitled to vote pursuant to the provisions of chapter 293D 35
of NRS or the Uniformed and Overseas Citizens Absentee Voting 36
Act, 52 U.S.C. §§ 20301 et seq.; 37
(e) Is provided the right to vote otherwise than in person 38
pursuant to the provisions of the Voting Accessibility for the Elderly 39
and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or 40
(f) Is entitled to vote otherwise than in person pursuant to the 41
provisions of any other federal law. 42
3. If a person fails to provide the identification required 43
pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 44
or her mail ballot: 45
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(a) The mail ballot must be treated as a provisional ballot; and 1
(b) The city clerk must: 2
(1) Contact the person; 3
(2) Allow the person to provide the identification required 4
before 5 p.m. on the sixth day following the election; and 5
(3) If the identification required pursuant to paragraph (b) of 6
subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is 7
delivered to the appropriate mail ballot central counting board. 8
Sec. 51. NRS 293C.26316 is hereby amended to read as 9
follows: 10
293C.26316 1. Except as otherwise provided in NRS 11
293C.26318 and chapter 293D of NRS, in order to vote a mail 12
ballot, the voter must, in accordance with the instructions: 13
(a) Mark and fold the mail ballot; 14
(b) Deposit the mail ballot in the return envelope and seal the 15
return envelope; 16
(c) [Affix his or her signature] Write in the space provided on 17
the return envelope [in the space provided for the signature; and] : 18
(1) The last four digits of his or her social security number; 19
or 20
(2) His or her driver’s license number or identification card 21
number; 22
(d) Close the attached flap over the identifying number written 23
on the return envelope; and 24
(e) Mail or deliver the return envelope in a manner authorized 25
by law. 26
2. Except as otherwise provided in chapter 293D of NRS, 27
voting must be only upon candidates whose names appear upon the 28
mail ballot as prepared pursuant to NRS 293C.263, and no person 29
may write in the name of an additional candidate for any office. 30
3. [If] Except as otherwise provided in subsection 4, if a mail 31
ballot has been [sent to] requested by a voter who applies to vote in 32
person at a polling place, including, without limitation, a polling 33
place for early voting, the voter must, in addition to complying with 34
all other requirements for voting in person that are set forth in this 35
chapter, surrender his or her mail ballot or sign an affirmation under 36
penalty of perjury that the voter has not voted during the election. A 37
person who receives a surrendered mail ballot shall mark it 38
“Cancelled.” 39
4. If a registered voter who has requested a mail ballot by 40
mail applies to vote in person at the office of the city clerk or a 41
polling place, including, without limitation, a polling place for 42
early voting, and the voter does not have the mail ballot to deliver 43
or surrender, the voter must be issued a ballot to vote if the voter: 44
(a) Provides proof of identity; 45
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(b) Is a registered voter who is otherwise entitled to vote; and 1
(c) Signs an affirmation under penalty of perjury on a form 2
prepared by the Secretary of State declaring that the voter has not 3
voted during the election. 4
Sec. 52. NRS 293C.26321 is hereby amended to read as 5
follows: 6
293C.26321 1. Except as otherwise provided in [subsection 2 7
and] chapter 293D of NRS, in order for a mail ballot to be counted 8
for any election, the mail ballot must be: 9
(a) Before the time set for closing of the polls, delivered by hand 10
to the city clerk, or any ballot drop box established in the city, 11
pursuant to this section; or 12
(b) Mailed to the city clerk [,] and [: 13
(1) Postmarked on or before the day of the election; and 14
(2) Received] received by the clerk [not later than 5 p.m. on 15
the fourth day following] before the time set for the closing of the 16
polls on the day of the election. 17
2. [If a mail ballot is received by mail not later than 5 p.m. on 18
the third day following the election and the date of the postmark 19
cannot be determined, the mail ballot shall be deemed to have been 20
postmarked on or before the day of the election. 21
3.] Each city clerk must establish a ballot drop box at every 22
polling place in the city, including, without limitation, a polling 23
place for early voting. A city clerk may establish a drop box at any 24
other location in the city where mail ballots can be delivered by 25
hand and collected during the period for early voting and on election 26
day. No person other than a clerk may establish a drop box for mail 27
ballots. 28
[4.] 3. A ballot drop box must be: 29
(a) Constructed of metal or any other rigid material of sufficient 30
strength and resistance to protect the security of the mail ballots; and 31
(b) Capable of securely receiving and holding the mail ballots 32
and being locked. 33
[5.] 4. A ballot drop box must be: 34
(a) Placed in an accessible and convenient location at the office 35
of the city clerk, or a polling place in the city; and 36
(b) Made available for use during the hours when the office of 37
the city clerk, or the polling place, is open for business or voting, as 38
applicable. 39
Sec. 53. NRS 293C.26323 is hereby amended to read as 40
follows: 41
293C.26323 1. Except as otherwise provided in subsection 2, 42
[at the request of a voter whose mail ballot has been prepared by or 43
on behalf of the voter, a] it is unlawful for any person to return a 44
mail ballot other than the voter or, at the request of the voter, a 45
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person authorized by the voter . [may] A person who is authorized 1
to return the mail ballot on behalf of the voter [by mail or personal 2
delivery to the city clerk, or any ballot drop box established in the 3
city, pursuant to NRS 293C.26321.] : 4
(a) Shall, under penalty of perjury, indicate on a form 5
prescribed by the city clerk that the person is authorized by the 6
voter who requested the mail ballot to return the mail ballot and 7
the date on which the voter provided such authorization to the 8
person; 9
(b) Shall not return more than 30 mail ballots for any election; 10
and 11
(c) Shall, after the election, submit to the Secretary of State a 12
report in the form prescribed by the Secretary of State that 13
includes, without limitation, each voter on whose behalf the 14
person returned a mail ballot. 15
2. Except for an election board officer in the course of the 16
election board officer’s official duties, a person shall not willfully: 17
(a) Impede, obstruct, prevent or interfere with the return of a 18
voter’s mail ballot; 19
(b) Deny a voter the right to return the voter’s mail ballot; or 20
(c) If the person receives the voter’s mail ballot and 21
authorization to return the mail ballot on behalf of the voter by mail 22
or personal delivery, fail to return the mail ballot, unless otherwise 23
authorized by the voter, [by] : 24
(1) By mail : 25
(I) Before the end of the third day after the day of 26
receipt, if the person receives the mail ballot from the voter four or 27
more days before the last day of the period for early voting; or 28
(II) Before the deadline established by the United States 29
Postal Service for the mail ballot to be delivered before the time set 30
for closing of the polls on the day of the election, if the person 31
receives the mail ballot from the voter three or fewer days before 32
the last day of the period for early voting; or 33
(2) By personal delivery: 34
[(1)] (I) Before the end of the third day after the day of 35
receipt, if the person receives the mail ballot from the voter four or 36
more days before the day of the election; or 37
[(2)] (II) Before the [deadline established by the United 38
States Postal Service for the mail ballot to be postmarked on the day 39
of the election or before] time set for closing of the polls [close] on 40
the day of the election, [as applicable to the type of delivery,] if the 41
person receives the mail ballot from the voter three or fewer days 42
before the day of the election. 43
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3. A person who violates any provision of subsection 1 or 2 is 1
guilty of a category E felony and shall be punished as provided in 2
NRS 193.130. 3
4. The Secretary of State shall adopt regulations to carry out 4
the provisions of subsection 1. 5
Sec. 54. NRS 293C.26325 is hereby amended to read as 6
follows: 7
293C.26325 1. The city clerk shall establish procedures for 8
the processing and counting of mail ballots. 9
2. The procedures established pursuant to subsection 1: 10
(a) May authorize mail ballots to be processed, verified and 11
counted by computer or other electronic means; and 12
(b) Must not conflict with the provisions of NRS 293C.263 to 13
293C.26337, inclusive [.] , and sections 44 and 45 of this act. 14
Sec. 55. NRS 293C.26327 is hereby amended to read as 15
follows: 16
293C.26327 1. Except as otherwise provided in NRS 17
293D.200, when a mail ballot is returned by or on behalf of a voter 18
to the city clerk, and a record of its return is made in the mail ballot 19
record for the election, the clerk or an employee in the office of the 20
clerk shall [check the signature used for the mail ballot by electronic 21
means pursuant to subsection 2 or manually pursuant to subsection 22
3.] verify that the last four digits of the social security number or 23
the driver’s license number or identification card number, as 24
applicable, written on the return envelope match the information 25
of the voter in the records of the city clerk. 26
2. [To check the signature used for a mail ballot by electronic 27
means: 28
(a) The electronic device must take a digital image of the 29
signature used for the mail ballot and electronically compare the 30
digital image with the signatures of the voter from his or her 31
application to register to vote or application to preregister to vote 32
available in the records of the city clerk. 33
(b) If the electronic device does not match the signature of the 34
voter, the signature shall be reviewed manually pursuant to the 35
provisions of subsection 3. 36
3. To check the signature used for a mail ballot manually, the 37
city clerk shall use the following procedure: 38
(a) The clerk or employee shall check the signature used for the 39
mail ballot against all signatures of the voter available in the records 40
of the clerk. 41
(b) If at least two employees in the office of the clerk believe 42
there is a reasonable question of fact as to whether the signature 43
used for the mail ballot matches the signature of the voter, the clerk 44
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shall contact the voter and ask the voter to confirm whether the 1
signature used for the mail ballot belongs to the voter. 2
4. For purposes of subsection 3: 3
(a) There is a reasonable question of fact as to whether the 4
signature used for the mail ballot matches the signature of the voter 5
if the signature used for the mail ballot differs in multiple, 6
significant and obvious respects from the signatures of the voter 7
available in the records of the clerk. 8
(b) There is not a reasonable question of fact as to whether the 9
signature used for the mail ballot matches the signature of the voter 10
if: 11
(1) The signature used for the mail ballot is a variation of the 12
signature of the voter caused by the substitution of initials for the 13
first or middle name, the substitution of a different type of 14
punctuation in the first, middle or last name, the use of a common 15
nickname or the use of one last name for a person who has two last 16
names and it does not otherwise differ in multiple, significant and 17
obvious respects from the signatures of the voter available in the 18
records of the clerk; or 19
(2) There are only slight dissimilarities between the signature 20
used for the mail ballot and the signatures of the voter available in 21
the records of the clerk. 22
5. Except as otherwise provided in subsection 6, if] If the clerk 23
determines that the voter is entitled to cast the mail ballot, the clerk 24
shall deposit the mail ballot in the proper ballot box or place the 25
mail ballot, unopened, in a container that must be securely locked or 26
under the control of the clerk at all times. The clerk shall deliver the 27
mail ballots to the mail ballot central counting board to be processed 28
and prepared for counting. 29
[6.] 3. If the clerk determines when checking the [signature] 30
identifying number used for the mail ballot that the voter failed to 31
affix his or her [signature] identifying number or failed to affix it in 32
the manner required by law for the mail ballot , [or that there is a 33
reasonable question of fact as to whether the signature used for the 34
mail ballot matches the signature of the voter,] but the voter is 35
otherwise entitled to cast the mail ballot, the clerk shall contact the 36
voter and advise the voter of the procedures to provide [a signature 37
or a confirmation that the signature used for the mail ballot belongs 38
to the voter, as applicable.] an identifying number. For the mail 39
ballot to be counted, the voter must provide [a signature or a 40
confirmation, as applicable,] an identifying number, not later than 5 41
p.m. on the sixth day following the election. 42
[7.] 4. The clerk shall prescribe procedures for a voter who 43
failed to affix his or her [signature] identifying number or failed to 44
affix it in the manner required by law for the mail ballot, [or for 45
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whom there is a reasonable question of fact as to whether the 1
signature used for the mail ballot matches the signature of the 2
voter,] in order to: 3
(a) Contact the voter; 4
(b) Allow the voter to provide [a signature or a confirmation that 5
the signature used for the mail ballot belongs to the voter, as 6
applicable;] an identifying number; and 7
(c) After [a signature or a confirmation] an identifying number 8
is provided, [as applicable,] ensure the mail ballot is delivered to the 9
mail ballot central counting board. 10
[8. If there is a reasonable question of fact as to whether the 11
signature used for the mail ballot matches the signature of the voter, 12
the voter must be identified by: 13
(a) Answering questions from the city clerk covering the 14
personal data which is reported on the application to register to vote; 15
(b) Providing the city clerk, orally or in writing, with other 16
personal data which verifies the identity of the voter; or 17
(c) Providing the city clerk with proof of identification as 18
described in NRS 293C.270 other than the voter registration card 19
issued to the voter. 20
9.] 5. The procedures established pursuant to subsection [7] 4 21
for contacting a voter must require the clerk to contact the voter, as 22
soon as possible after receipt of the mail ballot, by: 23
(a) Mail; 24
(b) Telephone, if a telephone number for the voter is available in 25
the records of the clerk; and 26
(c) Electronic means, which may include, without limitation, 27
electronic mail, if the voter has provided the clerk with sufficient 28
information to contact the voter by such means. 29
Sec. 56. NRS 293C.265 is hereby amended to read as follows: 30
293C.265 1. Except as otherwise provided in subsection 2 31
and in NRS 293.2725 and 293.3083, a person who registered by 32
mail or computer to vote shall, for the first city election in which the 33
person votes at which that registration is valid, vote in person unless 34
he or she has previously voted in the county in which he or she is 35
registered to vote. 36
2. The provisions of subsection 1 do not apply to a person who: 37
(a) Is entitled to vote otherwise than in person pursuant to 38
federal law or chapter 293D of NRS; 39
(b) Is disabled; 40
(c) Is provided the right to vote otherwise than in person 41
pursuant to the Voting Accessibility for the Elderly and 42
Handicapped Act, 52 U.S.C. §§ 20101 et seq.; [or] 43
(d) Is sent a mail ballot pursuant to the provisions of NRS 44
293C.26312 and includes a copy of the information required 45
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pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 1
or her voted mail ballot, if required pursuant to NRS 293C.26314 [.] 2
; or 3
(e) Requests a mail ballot in person at the office of the city 4
clerk and shows proof of identity at the time of making such 5
request. 6
Sec. 57. NRS 293C.270 is hereby amended to read as follows: 7
293C.270 1. Except as otherwise provided in NRS 293.5772 8
to 293.5887, inclusive, and 293C.272, if a person’s name appears in 9
the roster or if the person provides an affirmation pursuant to NRS 10
293C.525, the person is entitled to vote and must [sign] : 11
(a) Present proof of identity; and 12
(b) Sign his or her name in the roster or on a signature card 13
when he or she applies to vote. [Except as otherwise provided in 14
NRS 293.57691, the signature must be compared by an election 15
board officer with the signature or a facsimile thereof on the 16
person’s application to register to vote or one of the forms of 17
identification listed in subsection 2.] 18
2. [The forms of identification that may be used to identify a 19
voter at the polling place are: 20
(a) The voter registration card issued to the voter; 21
(b) A driver’s license; 22
(c) An identification card issued by the Department of Motor 23
Vehicles; 24
(d) A military identification card; or 25
(e) Any other form of identification issued by a governmental 26
agency that contains the voter’s signature and physical description 27
or picture. 28
3.] The city clerk shall prescribe a procedure, approved by the 29
Secretary of State, to verify that the voter has not already voted in 30
that city in the current election. 31
Sec. 58. NRS 293C.272 is hereby amended to read as follows: 32
293C.272 1. If, because of physical limitations, a registered 33
voter is unable to sign his or her name in the roster or on a signature 34
card as required by NRS 293C.270, the voter must [be identified by: 35
(a) Answering questions from the election board officer 36
covering the personal data which is reported on the application to 37
register to vote; 38
(b) Providing the election board officer, orally or in writing, 39
with other personal data which verifies the identity of the voter; or 40
(c) Providing] present the election board officer with his or her 41
proof of [identification as described in NRS 293C.270 other than the 42
voter registration card issued to the voter.] identity. 43
2. If the identity of the voter is verified, the election board 44
officer shall indicate in the roster “Identified” by the voter’s name. 45
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Sec. 59. NRS 293C.275 is hereby amended to read as follows: 1
293C.275 [1.] Except as otherwise provided in NRS 2
293.5772 to 293.5887, inclusive, and 293C.272: 3
[(a)] 1. A registered voter who applies to vote must state his or 4
her name to the election board officer in charge of the roster; and 5
[(b)] 2. The election board officer shall: 6
[(1)] (a) Announce the name of the registered voter; 7
[(2)] (b) Instruct the registered voter to sign the roster or 8
signature card; 9
[(3) Verify the signature of the registered voter in the manner 10
set forth in NRS 293C.270;] 11
(c) Require the registered voter to present proof of identity; and 12
[(4)] (d) Verify that the registered voter has not already 13
voted in that city in the current election. 14
[2. Except as otherwise provided in NRS 293.57691, if the 15
signature does not match, the voter must be identified by: 16
(a) Answering questions from the election board officer 17
covering the personal data which is reported on the application to 18
register to vote; 19
(b) Providing the election board officer, orally or in writing, 20
with other personal data which verifies the identity of the voter; or 21
(c) Providing the election board officer with proof of 22
identification as described in NRS 293C.270 other than the voter 23
registration card issued to the voter. 24
3. If the signature of the voter has changed in comparison to 25
the signature on the application to register to vote, the voter must 26
update his or her signature on a form prescribed by the Secretary of 27
State. 28
4. For the purposes of subsection 2, the personal data of a voter 29
may include his or her date of birth.] 30
Sec. 60. NRS 293C.277 is hereby amended to read as follows: 31
293C.277 1. A registered voter who applies to vote at an 32
election must give his or her name to the election board officer in 33
charge of the roster, and the officer shall immediately announce the 34
name of the registered voter [.] and require the registered voter to 35
present proof of identity. 36
2. Any person’s right to vote may be challenged by a registered 37
voter upon any of the grounds allowed for a challenge in NRS 38
293C.292. Any such challenge must be disposed of in the manner 39
provided in NRS 293C.292. 40
Sec. 61. NRS 293C.292 is hereby amended to read as follows: 41
293C.292 1. A person applying to vote may be challenged: 42
(a) Orally by any registered voter of the precinct or district upon 43
the ground that he or she is not the person entitled to vote as claimed 44
or has voted before at the same election; or 45
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(b) On any ground set forth in a challenge filed with the county 1
clerk pursuant to the provisions of NRS 293.547. 2
2. If a person is challenged, an election board officer shall 3
tender the challenged person the following oath or affirmation: 4
(a) If the challenge is on the ground that the challenged person 5
does not reside at the residence for which the address is listed in the 6
roster, “I swear or affirm under penalty of perjury that I reside at the 7
residence for which the address is listed in the roster”; 8
(b) If the challenge is on the ground that the challenged person 9
previously voted a ballot for the election, “I swear or affirm under 10
penalty of perjury that I have not voted for any of the candidates or 11
questions included on this ballot for this election”; or 12
(c) If the challenge is on the ground that the challenged person is 13
not the person he or she claims to be, “I swear or affirm under 14
penalty of perjury that I am the person whose name is in this roster.” 15
The oath or affirmation must be set forth on a form prepared by 16
the Secretary of State and signed by the challenged person under 17
penalty of perjury. 18
3. If the challenged person refuses to execute the oath or 19
affirmation so tendered, the person must not be issued a ballot, and 20
the election board officer shall indicate in the roster “Challenged” 21
by the person’s name. 22
4. If the challenged person refuses to execute the oath or 23
affirmation set forth in paragraph (a) of subsection 2, the election 24
board officers shall inform the person that he or she is entitled to 25
vote only in the manner prescribed in NRS 293C.295. 26
5. If the challenged person executes the oath or affirmation and 27
the challenge is not based on the ground set forth in paragraph (c) of 28
subsection 2, the election board officers shall issue him or her a 29
ballot. 30
6. If the challenge is based on the ground set forth in paragraph 31
(a) of subsection 2, and the challenged person executes the oath or 32
affirmation, the election board shall not issue the person a ballot 33
until he or she furnishes satisfactory identification that contains 34
proof of the address at which the person actually resides. For the 35
purposes of this subsection, a voter registration card does not 36
provide proof of the address at which a person resides. 37
7. If the challenge is based on the ground set forth in paragraph 38
(c) of subsection 2 and the challenged person executes the oath or 39
affirmation, the election board shall not issue the person a ballot 40
unless the person [: 41
(a) Furnishes official identification which contains a photograph 42
of the person, such as a driver’s license or other official document; 43
or 44
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(b) Brings before the election board officers a person who is at 1
least 18 years of age who: 2
(1) Furnishes official identification which contains a 3
photograph of the person, such as a driver’s license or other official 4
document; and 5
(2) Executes an oath or affirmation under penalty of perjury 6
that the challenged person is who he or she swears to be.] furnishes 7
proof of identity. 8
8. The election board officers shall: 9
(a) Record on the challenge list: 10
(1) The name of the challenged person; 11
(2) The name of the registered voter who initiated the 12
challenge; and 13
(3) The result of the challenge; and 14
(b) If possible, orally notify the registered voter who initiated 15
the challenge of the result of the challenge. 16
Sec. 62. NRS 293C.3035 is hereby amended to read as 17
follows: 18
293C.3035 1. Except as otherwise provided in NRS 293.5772 19
to 293.5887, inclusive, and 293C.272, upon the appearance of a 20
person to cast a ballot at a polling place established pursuant to NRS 21
293C.3032, if any, the election board officer shall: 22
(a) Determine [that] whether the person is a registered voter in 23
the city and has not already voted in that city in the current election; 24
(b) Instruct the registered voter to sign the roster or a signature 25
card; and 26
(c) [Verify the signature of the voter in the manner set forth in 27
NRS 293C.270.] Require the registered voter to present proof of 28
identity. 29
2. [Except as otherwise provided in NRS 293.57691, if the 30
signature of the voter does not match, the voter must be identified 31
by: 32
(a) Answering questions from the election board officer 33
covering the personal data which is reported on the application to 34
register to vote; 35
(b) Providing the election board officer, orally or in writing, 36
with other personal data which verifies the identity of the voter; or 37
(c) Providing the election board officer with proof of 38
identification as described in NRS 293C.270 other than the voter 39
registration card issued to the voter. 40
3. If the signature of the voter has changed in comparison to 41
the signature on the application to register to vote, the voter must 42
update his or her signature on a form prescribed by the Secretary of 43
State. 44
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4.] The city clerk shall prescribe a procedure, approved by the 1
Secretary of State, to verify that the voter has not already voted in 2
that city in the current election. 3
[5.] 3. When a registered voter is entitled to cast a ballot and 4
has identified himself or herself to the satisfaction of the election 5
board officer, the registered voter is entitled to receive the 6
appropriate ballot or ballots, but only for his or her own use at the 7
polling place where he or she applies to vote. 8
[6.] 4. If the ballot is voted on a mechanical recording device 9
which directly records the votes electronically, the election board 10
officer shall: 11
(a) Prepare the mechanical voting device for the registered 12
voter; 13
(b) Ensure that the registered voter’s precinct or voting district 14
and the form of the ballot are indicated on the voting receipt, if the 15
city clerk uses voting receipts; and 16
(c) Allow the registered voter to cast a vote. 17
[7.] 5. A registered voter applying to vote at a polling place 18
established pursuant to NRS 293C.3032, if any, may be challenged 19
pursuant to NRS 293C.292. 20
Sec. 63. NRS 293C.356 is hereby amended to read as follows: 21
293C.356 1. If a request is made to vote early by a registered 22
voter in person, the city clerk shall , except as otherwise provided in 23
NRS 293C.3585, issue a ballot for early voting to the voter. Such a 24
ballot must be voted on the premises of the clerk’s office and 25
returned to the clerk. 26
2. On the dates for early voting prescribed in NRS 293C.3568, 27
each city clerk shall provide a voting booth, with suitable equipment 28
for voting, on the premises of the city clerk’s office for use by 29
registered voters who are issued ballots for early voting in 30
accordance with this section. 31
Sec. 64. NRS 293C.3585 is hereby amended to read as 32
follows: 33
293C.3585 1. Except as otherwise provided in NRS 293.5772 34
to 293.5887, inclusive, and 293C.272, upon the appearance of a 35
person to cast a ballot for early voting, an election board officer 36
shall: 37
(a) Determine [that] whether the person is a registered voter in 38
the county. 39
(b) Instruct the registered voter to sign the roster for early 40
voting or a signature card. 41
(c) [Verify the signature of] Require the registered voter [in the 42
manner set forth in NRS 293C.270.] to present proof of identity. 43
(d) Verify that the registered voter has not already voted in that 44
city in the current election. 45
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2. [Except as otherwise provided in NRS 293.57691, if the 1
signature does not match, the voter must be identified by: 2
(a) Answering questions from the election board officer 3
covering the personal data which is reported on the application to 4
register to vote; 5
(b) Providing the election board officer, orally or in writing, 6
with other personal data which verifies the identity of the voter; or 7
(c) Providing the election board officer with proof of 8
identification as described in NRS 293C.270 other than the voter 9
registration card issued to the voter. 10
3. If the signature of the voter has changed in comparison to 11
the signature on the application to register to vote, the voter must 12
update his or her signature on a form prescribed by the Secretary of 13
State. 14
4.] The city clerk shall prescribe a procedure, approved by the 15
Secretary of State, to verify that the registered voter has not already 16
voted in that city in the current election. 17
[5.] 3. The roster for early voting or signature card, as 18
applicable, must contain: 19
(a) The registered voter’s name, the address where he or she is 20
registered to vote, his or her voter identification number and a place 21
for the registered voter’s signature; 22
(b) The registered voter’s precinct or voting district number, if 23
that information is available; and 24
(c) The date of voting early in person. 25
[6.] 4. When a registered voter is entitled to cast a ballot and 26
has identified himself or herself to the satisfaction of the election 27
board officer, the registered voter is entitled to receive the 28
appropriate ballot or ballots, but only for his or her own use at the 29
polling place for early voting. 30
[7.] 5. If the ballot is voted on a mechanical recording device 31
which directly records the votes electronically, the election board 32
officer shall: 33
(a) Prepare the mechanical recording device for the registered 34
voter; 35
(b) Ensure that the registered voter’s precinct or voting district, 36
if that information is available, and the form of ballot are indicated 37
on the voting receipt, if the city clerk uses voting receipts; and 38
(c) Allow the registered voter to cast a vote. 39
[8.] 6. A registered voter applying to vote early by personal 40
appearance may be challenged pursuant to NRS 293C.292. 41
[9. For the purposes of subsection 2, the personal data of a 42
voter may include his or her date of birth.] 43
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Sec. 65. NRS 298.250 is hereby amended to read as follows: 1
298.250 1. If a former resident of the State of Nevada 2
otherwise qualified to vote in another state in any election for 3
President and Vice President of the United States has commenced 4
his or her residence in the other state after the 30th day next 5
preceding that election and for this reason does not satisfy the 6
requirements for registration in the other state, the former resident 7
may vote for President and Vice President only in that election: 8
(a) In person in the county of the State of Nevada which was his 9
or her former residence, if the former resident is otherwise qualified 10
to vote there; or 11
(b) By mail ballot in the county of the State of Nevada which 12
was his or her former residence, if the former resident is otherwise 13
qualified to vote there and complies with the applicable 14
requirements of NRS 293.269911 to 293.269937, inclusive [.] , and 15
sections 6 and 7 of this act. 16
2. The Secretary of State may, in a manner consistent with the 17
election laws of this State, adopt regulations to effectuate the 18
purposes of this section. 19
Sec. 66. 1. This section becomes effective upon passage and 20
approval. 21
2. Sections 1 to 65, inclusive, of this act become effective: 22
(a) Upon passage and approval for the purposes of adopting 23
regulations and performing any other preparatory administrative 24
tasks necessary to carry out the provisions of this act; and 25
(b) On January 1, 2024, for all other purposes. 26
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