(Reprinted with amendments adopted on May 18, 2023)
SECOND 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; prohibiting certain constitutional officers from
soliciting or accepting political contributions during
certain periods; 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
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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
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
Existing law makes it unlawful for a member of the Legislature, the Lieutenant 25
Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect from 26
soliciting or accepting monetary contributions for any political purpose during a 27
certain period before and after a legislative session. (NRS 294A.300) Section 5.3 of 28
this bill makes it unlawful for the Secretary of State, the State Treasurer, the State 29
Controller or the Attorney General from soliciting or accepting monetary 30
contributions for any political purpose during a certain period before and after a 31
legislative session. Section 5.6 of this bill makes conforming changes to prohibit a 32
lobbyist from making or committing or offering to make a monetary contribution 33
during such periods. Section 6 of this bill makes sections 5.3 and 5.6 effective on 34
October 1, 2023. 35
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
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(2) With the intent to cause harm to the elections official 1
and with knowledge of or reckless disregard for the reasonable 2
likelihood that the dissemination of the information may cause 3
death, bodily injury or stalking; and 4
(b) The dissemination of the personal identifying information 5
or sensitive information: 6
(1) Would cause a reasonable person to fear the death, 7
bodily injury or stalking of himself or herself or a close relation; 8
or 9
(2) Causes the death, bodily injury or stalking of the 10
elections official whose information was disseminated or a close 11
relation of the elections official. 12
4. A person who violates the provisions of subsection 1 or 3 is 13
guilty of a category E felony and shall be punished as provided in 14
NRS 193.130. 15
5. This section does not limit: 16
(a) The applicability of the provisions of law relating to: 17
(1) Observing the conduct of voting at a polling place 18
pursuant to NRS 293.274 or 293C.269; 19
(2) Observing the conduct of tests pursuant to NRS 20
293B.145 or 293C.615; 21
(3) Observing the handling of ballots upon the closing of 22
the polls pursuant to NRS 293B.330 or 293C.630; 23
(4) Observing the counting of ballots at the central 24
counting place pursuant to NRS 293B.353; 25
(5) Observing the delivery, counting, handling and 26
processing of the ballots at a polling place, receiving center and 27
the central counting place pursuant to NRS 293B.354; and 28
(6) Observing ballot processing pursuant to NRS 293B.380. 29
(b) The ability of a person to give or offer to give prepackaged 30
food items, nonalcoholic beverages, coats, handwarmers or other 31
similar items to other persons who are at a polling place or any 32
other location described in paragraph (a), if done in accordance 33
with any other law and to the extent such items are not distributed 34
inside of a building which does not permit the distribution of such 35
items in the building as indicated by a sign posted in a prominent 36
place at the entrance of the building. 37
(c) The ability of a person to engage in written recordation of 38
notes at a polling place or a location other than a polling place; or 39
(d) The ability of a person to communicate with voters, 40
election board officers or other persons in any way that is not 41
otherwise limited or prohibited pursuant to subsection 1 or 3 or 42
any other provision of law, including, without limitation, 43
NRS 293.740. 44
6. As used in this section: 45
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(a) “Close relation” means a current or former spouse or 1
domestic partner, parent, child, sibling, stepparent, grandparent or 2
any person who regularly resides in the household of who, within 3
the immediately preceding 6 months, regularly resided in the 4
household. 5
(b) “Elections official” means: 6
(1) The Secretary of State or any deputy or employee in the 7
Elections Division of the Office of the Secretary of State who is 8
charged with duties relating to an election; 9
(2) A registrar of voters, county clerk, city clerk or any 10
deputy or employee in the elections division of a county or city 11
who is charged with elections duties; or 12
(3) An election board officer or counting board officer. 13
(c) “Personal identifying information” has the meaning 14
ascribed to it in NRS 205.4617. 15
(d) “Sensitive information” has the meaning ascribed to it in 16
NRS 41.1347. 17
(e) “Stalking” means a violation of NRS 200.575. 18
Sec. 2. (Deleted by amendment.) 19
Sec. 3. (Deleted by amendment.) 20
Sec. 4. (Deleted by amendment.) 21
Sec. 5. (Deleted by amendment.) 22
Sec. 5.3. NRS 294A.300 is hereby amended to read as 23
follows: 24
294A.300 1. Except as otherwise provided in this section, it 25
is unlawful for a member of the Legislature, the Lieutenant 26
Governor, the Lieutenant Governor-Elect, the Governor , [or] the 27
Governor-Elect , the Secretary of State, the State Treasurer, the 28
State Controller or the Attorney General to solicit or accept any 29
monetary contribution, or solicit or accept a commitment to make 30
such a contribution for any political purpose during the period 31
beginning: 32
(a) Thirty days before a regular session of the Legislature and 33
ending 30 days after the final adjournment of a regular session of 34
the Legislature; 35
(b) Fifteen days before a special session of the Legislature is set 36
to commence and ending 15 days after the final adjournment of a 37
special session of the Legislature, if: 38
(1) The Governor sets a specific date for the commencement 39
of the special session that is more than 15 days after the date on 40
which the Governor issues the proclamation calling for the special 41
session pursuant to Section 9 of Article 5 of the Nevada 42
Constitution; or 43
(2) The members of the Legislature set a date on or before 44
which the Legislature is to convene the special session that is more 45
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than 15 days after the date on which the Secretary of State receives 1
one or more substantially similar petitions signed, in the aggregate, 2
by the required number of members calling for the special session 3
pursuant to Section 2A of Article 4 of the Nevada Constitution; or 4
(c) The day after: 5
(1) The date on which the Governor issues the proclamation 6
calling for the special session and ending 15 days after the final 7
adjournment of the special session if the Governor sets a specific 8
date for the commencement of the special session that is 15 or fewer 9
days after the date on which the Governor issues the proclamation 10
calling for the special session; or 11
(2) The date on which the Secretary of State receives one or 12
more substantially similar petitions signed, in the aggregate, by the 13
required number of members of the Legislature calling for the 14
special session and ending 15 days after the final adjournment of 15
the special session if the members set a date on or before which the 16
Legislature is to convene the special session that is 15 or fewer days 17
after the date on which the Secretary of State receives the petitions. 18
2. Except as otherwise provided in this section, a person shall 19
not make or commit to make a contribution or commitment 20
prohibited by subsection 1. 21
3. This section does not prohibit the payment of a salary or 22
other compensation or income to a member of the Legislature, the 23
Lieutenant Governor , [or] the Governor , the Secretary of State, the 24
State Treasurer, the State Controller or the Attorney General 25
during the period set forth in subsection 1 if it is made for services 26
provided as a part of his or her regular employment or is additional 27
income to which he or she is entitled. 28
4. This section does not apply to any monetary contribution or 29
commitment to make such a contribution that may be given to or 30
accepted by a person pursuant to NRS 294A.115. The provisions of 31
this subsection do not authorize: 32
(a) A person to accept or solicit a contribution, or solicit or 33
accept a commitment to make such a contribution, other than a 34
contribution authorized pursuant to NRS 294A.115. 35
(b) A person to make or commit to make a contribution other 36
than a contribution authorized pursuant to NRS 294A.115. 37
5. This section does not apply to any monetary contribution or 38
commitment to make such a contribution that may be given to or 39
accepted by a Legislator pursuant to NRS 294A.117. 40
6. As used in this section, “political purpose” includes, without 41
limitation, the establishment of, or the addition of money to, a legal 42
defense fund. 43
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Sec. 5.6. NRS 218H.930 is hereby amended to read as 1
follows: 2
218H.930 1. A lobbyist shall not knowingly or willfully 3
make any false statement or misrepresentation of facts: 4
(a) To any member of the Legislative Branch in an effort to 5
persuade or influence the member in any legislative action. 6
(b) In a registration statement or report concerning lobbying 7
activities filed with the Director. 8
2. A lobbyist shall not knowingly or willfully give any gift to a 9
member of the Legislative Branch or a member of his or her 10
immediate family or otherwise directly or indirectly arrange, 11
facilitate or serve as a conduit for such a gift, whether or not the 12
Legislature is in a regular or special session. 13
3. A member of the Legislative Branch or a member of his or 14
her immediate family shall not knowingly or willfully solicit or 15
accept any gift from a lobbyist, whether or not the Legislature is in a 16
regular or special session. 17
4. A client of a lobbyist shall not make that lobbyist’s 18
compensation or reimbursement contingent in any manner upon the 19
outcome of any legislative action. 20
5. Except during the period permitted by NRS 218H.200, a 21
person shall not knowingly act as a lobbyist during a regular or 22
special session without being registered as required by that section, 23
unless the person qualifies for an exemption or exception from the 24
requirements to register as a lobbyist pursuant to any regulations 25
adopted in accordance with NRS 218H.500. 26
6. Except as otherwise provided in subsection 7, a member of 27
the Legislative or Executive Branch of the State Government and an 28
elected officer or employee of a political subdivision shall not 29
receive compensation or reimbursement other than from the State or 30
the political subdivision for personally engaging in lobbying. 31
7. An elected officer or employee of a political subdivision 32
may receive compensation or reimbursement from any organization 33
whose membership consists of elected or appointed public officers. 34
8. A lobbyist shall not instigate the introduction of any 35
legislation for the purpose of obtaining employment to lobby in 36
opposition to that legislation. 37
9. A lobbyist shall not make, commit to make or offer to make 38
a monetary contribution to a Legislator, the Lieutenant Governor, 39
the Lieutenant Governor-elect, the Governor , [or] the Governor-40
elect , the Secretary of State, the State Treasurer, the State 41
Controller or the Attorney General during the period set forth in 42
subsection 1 of NRS 294A.300 unless such act is otherwise 43
authorized pursuant to subsection 4 of NRS 294A.300. 44
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Sec. 6. 1. This section and sections 1 to 5, inclusive, of this 1
act become effective upon passage and approval. 2
2. Sections 5.3 and 5.6 of this act become effective on 3
October 1, 2023. 4
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