(Reprinted with amendments adopted on April 24, 2023)
FIRST REPRINT S.B. 406
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SENATE BILL NO. 406–COMMITTEE ON
LEGISLATIVE OPERATIONS AND ELECTIONS
(ON BEHALF OF THE SECRETARY OF STATE)
MARCH 27, 2023
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Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-894)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to elections; making it unlawful for a person to
use or threaten or attempt to use any force, intimidation,
coercion, violence, restraint or undue influence with the
intent to interfere with the performance of duties of an
elections official or retaliate against an elections official
for the performance of such duties; making it unlawful to
disseminate certain information about an elections
official; providing penalties; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law makes it a crime, punishable as a category E felony, to use or 1
threaten to use any force, intimidation, coercion, violence, restraint or undue 2
influence in connection with any election, petition or preregistration or registration 3
of voters. (NRS 293.710) Section 1 of this bill makes it a crime, punishable as a 4
category E felony, for any person to use or threaten or attempt to use any force, 5
intimidation, coercion, violence, restraint or undue influence with the intent to: (1) 6
interfere with the performance of the duties of any elections official relating to an 7
election; or (2) retaliate against any elections official for performing duties relating 8
to an election. Section 1 further makes it a crime, punishable as a category E 9
felony, for any person to disseminate any personal identifying information or 10
sensitive information of an elections official without the consent of the elections 11
official, knowing that the elections official could be identified by such information, 12
if: (1) the person disseminates such personal identifying information or sensitive 13
information with the intent to aid, assist, encourage, facilitate, further or promote 14
any criminal offense which would be reasonably likely to cause death, bodily injury 15
or stalking or with the intent to cause harm to the elections official and with 16
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knowledge of or reckless disregard for the reasonable likelihood that the 17
dissemination of the information may cause death, bodily injury or stalking; and (2) 18
the dissemination of the personal identifying information or sensitive information 19
would cause a reasonable person to fear the death, bodily injury or stalking of 20
himself or herself or a close relation or causes the death, bodily injury or stalking of 21
the elections official whose information was disseminated or a close relation of the 22
elections official. Finally, section 1 establishes that certain activities are not 23
restricted by section 1. 24
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. It is unlawful for any person to use or threaten or attempt 3
to use any force, intimidation, coercion, violence, restraint or 4
undue influence with the intent to: 5
(a) Interfere with the performance of the duties of any 6
elections official relating to an election; or 7
(b) Retaliate against any elections official for performing 8
duties relating to an election. 9
2. The provisions of subsection 1 apply regardless of whether 10
a person uses or threatens or attempts to use such force, 11
intimidation, coercion, violence, restraint or undue influence at a 12
polling place or a location other than a polling place. 13
3. It is unlawful for a person to disseminate any personal 14
identifying information or sensitive information of an elections 15
official without the consent of the elections official, knowing that 16
the elections official could be identified by such information, if: 17
(a) The person disseminates such personal identifying 18
information or sensitive information: 19
(1) With the intent to aid, assist, encourage, facilitate, 20
further or promote any criminal offense which would be 21
reasonably likely to cause death, bodily injury or stalking; or 22
(2) With the intent to cause harm to the elections official 23
and with knowledge of or reckless disregard for the reasonable 24
likelihood that the dissemination of the information may cause 25
death, bodily injury or stalking; and 26
(b) The dissemination of the personal identifying information 27
or sensitive information: 28
(1) Would cause a reasonable person to fear the death, 29
bodily injury or stalking of himself or herself or a close relation; 30
or 31
(2) Causes the death, bodily injury or stalking of the 32
elections official whose information was disseminated or a close 33
relation of the elections official. 34
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4. A person who violates the provisions of subsection 1 or 3 is 1
guilty of a category E felony and shall be punished as provided in 2
NRS 193.130. 3
5. The section does not limit: 4
(a) The applicability of the provisions of law relating to: 5
(1) Observing the conduct of voting at a polling place 6
pursuant to NRS 293.274 or 293C.269; 7
(2) Observing the conduct of tests pursuant to NRS 8
293B.145 or 293C.615; 9
(3) Observing the handling of ballots upon the closing of 10
the polls pursuant to NRS 293B.330 or 293C.630; 11
(4) Observing the counting of ballots at the central 12
counting place pursuant to NRS 293B.353; 13
(5) Observing the delivery, counting, handling and 14
processing of the ballots at a polling place, receiving center and 15
the central counting place pursuant to NRS 293B.354; and 16
(6) Observing ballot processing pursuant to NRS 293B.380. 17
(b) The ability of a person to give or offer to give prepackaged 18
food items, nonalcoholic beverages, coats, handwarmers or other 19
similar items to other persons who are at a polling place or any 20
other location described in paragraph (a), if done in accordance 21
with any other law and to the extent such items are not distributed 22
inside of a building which does not permit the distribution of such 23
items in the building as indicated by a sign posted in a prominent 24
place at the entrance of the building. 25
(c) The ability of a person to engage in written recordation of 26
notes at a polling place or a location other than a polling place; or 27
(d) The ability of a person to communicate with voters, 28
election board officers or other persons in any way that is not 29
otherwise limited or prohibited pursuant to subsection 1 or 3 or 30
any other provision of law, including, without limitation, 31
NRS 293.740. 32
6. As used in this section: 33
(a) “Close relation” means a current or former spouse or 34
domestic partner, parent, child, sibling, stepparent, grandparent or 35
any person who regularly resides in the household of who, within 36
the immediately preceding 6 months, regularly resided in the 37
household. 38
(b) “Elections official” means: 39
(1) The Secretary of State or any deputy or employee in the 40
Elections Division of the Office of the Secretary of State who is 41
charged with duties relating to an election; 42
(2) A registrar of voters, county clerk, city clerk or any 43
deputy or employee in the elections division of a county or city 44
who is charged with elections duties; or 45
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(3) An election board officer or counting board officer. 1
(c) “Personal identifying information” has the meaning 2
ascribed to it in NRS 205.4617. 3
(d) “Sensitive information” has the meaning ascribed to it in 4
NRS 41.1347. 5
(e) “Stalking” means a violation of NRS 200.575. 6
Sec. 2. (Deleted by amendment.) 7
Sec. 3. (Deleted by amendment.) 8
Sec. 4. (Deleted by amendment.) 9
Sec. 5. (Deleted by amendment.) 10
Sec. 6. This act becomes effective upon passage and approval. 11
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