- 82nd Session (2023)
Senate Bill No. 406–Committee on
Legislative Operations and Elections
CHAPTER..........
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
threaten to use any force, intimidation, coercion, violence, restraint or undue
influence in connection with any election, petition or preregistration or registration
of voters. (NRS 293.710) Section 1 of this bill makes it a crime, punishable as a
category E felony, for any person to use or threaten or attempt to use any force,
intimidation, coercion, violence, restraint or undue influence with the intent to: (1)
interfere with the performance of the duties of any elections official relating to an
election; or (2) retaliate against any elections official for performing duties relating
to an election. Section 1 further makes it a crime, punishable as a category E
felony, for any person to disseminate any personal identifying information or
sensitive information of an elections official without the consent of the elections
official, knowing that the elections official could be identified by such information,
if: (1) the person disseminates such personal identifying information or sensitive
information with the intent to aid, assist, encourage, facilitate, further or promote
any criminal offense which would be reasonably likely to cause death, bodily injury
or stalking or with the intent to cause harm to the elections official and with
knowledge of or reckless disregard for the reasonable likelihood that the
dissemination of the information may cause death, bodily injury or stalking; and (2)
the dissemination of the personal identifying information or sensitive information
would cause a reasonable person to fear the death, bodily injury or stalking of
himself or herself or a close relation or causes the death, bodily injury or stalking of
the elections official whose information was disseminated or a close relation of the
elections official. Finally, section 1 establishes that certain activities are not
restricted by section 1.
Existing law makes it unlawful for a member of the Legislature, the Lieutenant
Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect from
soliciting or accepting monetary contributions for any political purpose during a
certain period before and after a legislative session. (NRS 294A.300) Section 5.3 of
this bill makes it unlawful for the Secretary of State, the State Treasurer, the State
Controller or the Attorney General from soliciting or accepting monetary
contributions for any political purpose during a certain period before and after a
legislative session. Section 5.6 of this bill makes conforming changes to prohibit a
lobbyist from making or committing or offering to make a monetary contribution
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- 82nd Session (2023)
during such periods. Section 6 of this bill makes sections 5.3 and 5.6 effective on
October 1, 2023.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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
thereto a new section to read as follows:
1. It is unlawful for any person to use or threaten or attempt
to use any force, intimidation, coercion, violence, restraint or
undue influence with the intent to:
(a) Interfere with the performance of the duties of any
elections official relating to an election; or
(b) Retaliate against any elections official for performing
duties relating to an election.
2. The provisions of subsection 1 apply regardless of whether
a person uses or threatens or attempts to use such force,
intimidation, coercion, violence, restraint or undue influence at a
polling place or a location other than a polling place.
3. It is unlawful for a person to disseminate any personal
identifying information or sensitive information of an elections
official without the consent of the elections official, knowing that
the elections official could be identified by such information, if:
(a) The person disseminates such personal identifying
information or sensitive information:
(1) With the intent to aid, assist, encourage, facilitate,
further or promote any criminal offense which would be
reasonably likely to cause death, bodily injury or stalking; or
(2) With the intent to cause harm to the elections official
and with knowledge of or reckless disregard for the reasonable
likelihood that the dissemination of the information may cause
death, bodily injury or stalking; and
(b) The dissemination of the personal identifying information
or sensitive information:
(1) Would cause a reasonable person to fear the death,
bodily injury or stalking of himself or herself or a close relation;
or
(2) Causes the death, bodily injury or stalking of the
elections official whose information was disseminated or a close
relation of the elections official.
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- 82nd Session (2023)
4. A person who violates the provisions of subsection 1 or 3 is
guilty of a category E felony and shall be punished as provided in
NRS 193.130.
5. This section does not limit:
(a) The applicability of the provisions of law relating to:
(1) Observing the conduct of voting at a polling place
pursuant to NRS 293.274 or 293C.269;
(2) Observing the conduct of tests pursuant to NRS
293B.145 or 293C.615;
(3) Observing the handling of ballots upon the closing of
the polls pursuant to NRS 293B.330 or 293C.630;
(4) Observing the counting of ballots at the central
counting place pursuant to NRS 293B.353;
(5) Observing the delivery, counting, handling and
processing of the ballots at a polling place, receiving center and
the central counting place pursuant to NRS 293B.354; and
(6) Observing ballot processing pursuant to NRS 293B.380.
(b) The ability of a person to give or offer to give prepackaged
food items, nonalcoholic beverages, coats, handwarmers or other
similar items to other persons who are at a polling place or any
other location described in paragraph (a), if done in accordance
with any other law and to the extent such items are not distributed
inside of a building which does not permit the distribution of such
items in the building as indicated by a sign posted in a prominent
place at the entrance of the building.
(c) The ability of a person to engage in written recordation of
notes at a polling place or a location other than a polling place; or
(d) The ability of a person to communicate with voters,
election board officers or other persons in any way that is not
otherwise limited or prohibited pursuant to subsection 1 or 3 or
any other provision of law, including, without limitation,
NRS 293.740.
6. As used in this section:
(a) “Close relation” means a current or former spouse or
domestic partner, parent, child, sibling, stepparent, grandparent or
any person who regularly resides in the household of who, within
the immediately preceding 6 months, regularly resided in the
household.
(b) “Elections official” means:
(1) The Secretary of State or any deputy or employee in the
Elections Division of the Office of the Secretary of State who is
charged with duties relating to an election;
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(2) A registrar of voters, county clerk, city clerk or any
deputy or employee in the elections division of a county or city
who is charged with elections duties; or
(3) An election board officer or counting board officer.
(c) “Personal identifying information” has the meaning
ascribed to it in NRS 205.4617.
(d) “Sensitive information” has the meaning ascribed to it in
NRS 41.1347.
(e) “Stalking” means a violation of NRS 200.575.
Secs. 2-5. (Deleted by amendment.)
Sec. 5.3. NRS 294A.300 is hereby amended to read as
follows:
294A.300 1. Except as otherwise provided in this section, it
is unlawful for a member of the Legislature, the Lieutenant
Governor, the Lieutenant Governor-Elect, the Governor , [or] the
Governor-Elect , the Secretary of State, the State Treasurer, the
State Controller or the Attorney General to solicit or accept any
monetary contribution, or solicit or accept a commitment to make
such a contribution for any political purpose during the period
beginning:
(a) Thirty days before a regular session of the Legislature and
ending 30 days after the final adjournment of a regular session of
the Legislature;
(b) Fifteen days before a special session of the Legislature is set
to commence and ending 15 days after the final adjournment of a
special session of the Legislature, if:
(1) The Governor sets a specific date for the commencement
of the special session that is more than 15 days after the date on
which the Governor issues the proclamation calling for the special
session pursuant to Section 9 of Article 5 of the Nevada
Constitution; or
(2) The members of the Legislature set a date on or before
which the Legislature is to convene the special session that is more
than 15 days after the date on which the Secretary of State receives
one or more substantially similar petitions signed, in the aggregate,
by the required number of members calling for the special session
pursuant to Section 2A of Article 4 of the Nevada Constitution; or
(c) The day after:
(1) The date on which the Governor issues the proclamation
calling for the special session and ending 15 days after the final
adjournment of the special session if the Governor sets a specific
date for the commencement of the special session that is 15 or fewer
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- 82nd Session (2023)
days after the date on which the Governor issues the proclamation
calling for the special session; or
(2) The date on which the Secretary of State receives one or
more substantially similar petitions signed, in the aggregate, by the
required number of members of the Legislature calling for the
special session and ending 15 days after the final adjournment of
the special session if the members set a date on or before which the
Legislature is to convene the special session that is 15 or fewer days
after the date on which the Secretary of State receives the petitions.
2. Except as otherwise provided in this section, a person shall
not make or commit to make a contribution or commitment
prohibited by subsection 1.
3. This section does not prohibit the payment of a salary or
other compensation or income to a member of the Legislature, the
Lieutenant Governor , [or] the Governor , the Secretary of State, the
State Treasurer, the State Controller or the Attorney General
during the period set forth in subsection 1 if it is made for services
provided as a part of his or her regular employment or is additional
income to which he or she is entitled.
4. This section does not apply to any monetary contribution or
commitment to make such a contribution that may be given to or
accepted by a person pursuant to NRS 294A.115. The provisions of
this subsection do not authorize:
(a) A person to accept or solicit a contribution, or solicit or
accept a commitment to make such a contribution, other than a
contribution authorized pursuant to NRS 294A.115.
(b) A person to make or commit to make a contribution other
than a contribution authorized pursuant to NRS 294A.115.
5. This section does not apply to any monetary contribution or
commitment to make such a contribution that may be given to or
accepted by a Legislator pursuant to NRS 294A.117.
6. As used in this section, “political purpose” includes, without
limitation, the establishment of, or the addition of money to, a legal
defense fund.
Sec. 5.6. NRS 218H.930 is hereby amended to read as
follows:
218H.930 1. A lobbyist shall not knowingly or willfully
make any false statement or misrepresentation of facts:
(a) To any member of the Legislative Branch in an effort to
persuade or influence the member in any legislative action.
(b) In a registration statement or report concerning lobbying
activities filed with the Director.
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2. A lobbyist shall not knowingly or willfully give any gift to a
member of the Legislative Branch or a member of his or her
immediate family or otherwise directly or indirectly arrange,
facilitate or serve as a conduit for such a gift, whether or not the
Legislature is in a regular or special session.
3. A member of the Legislative Branch or a member of his or
her immediate family shall not knowingly or willfully solicit or
accept any gift from a lobbyist, whether or not the Legislature is in a
regular or special session.
4. A client of a lobbyist shall not make that lobbyist’s
compensation or reimbursement contingent in any manner upon the
outcome of any legislative action.
5. Except during the period permitted by NRS 218H.200, a
person shall not knowingly act as a lobbyist during a regular or
special session without being registered as required by that section,
unless the person qualifies for an exemption or exception from the
requirements to register as a lobbyist pursuant to any regulations
adopted in accordance with NRS 218H.500.
6. Except as otherwise provided in subsection 7, a member of
the Legislative or Executive Branch of the State Government and an
elected officer or employee of a political subdivision shall not
receive compensation or reimbursement other than from the State or
the political subdivision for personally engaging in lobbying.
7. An elected officer or employee of a political subdivision
may receive compensation or reimbursement from any organization
whose membership consists of elected or appointed public officers.
8. A lobbyist shall not instigate the introduction of any
legislation for the purpose of obtaining employment to lobby in
opposition to that legislation.
9. A lobbyist shall not make, commit to make or offer to make
a monetary contribution to a Legislator, the Lieutenant Governor,
the Lieutenant Governor-elect, the Governor , [or] the Governor-
elect , the Secretary of State, the State Treasurer, the State
Controller or the Attorney General during the period set forth in
subsection 1 of NRS 294A.300 unless such act is otherwise
authorized pursuant to subsection 4 of NRS 294A.300.
Sec. 6. 1. This section and sections 1 to 5, inclusive, of this
act become effective upon passage and approval.
2. Sections 5.3 and 5.6 of this act become effective on
October 1, 2023.
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