Nevada 2023 Regular Session

Nevada Senate Bill SB406 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 406–Committee on
5	5	Legislative Operations and Elections
6	6
7	7	CHAPTER..........
8	8
9	9	AN ACT relating to elections; making it unlawful for a person to
10	10	use or threaten or attempt to use any force, intimidation,
11	11	coercion, violence, restraint or undue influence with the
12	12	intent to interfere with the performance of duties of an
13	13	elections official or retaliate against an elections official for
14	14	the performance of such duties; making it unlawful to
15	15	disseminate certain information about an elections official;
16	16	prohibiting certain constitutional officers from soliciting or
17	17	accepting political contributions during certain periods;
18	18	providing penalties; and providing other matters properly
19	19	relating thereto.
20	20	Legislative Counsel’s Digest:
21	21	Existing law makes it a crime, punishable as a category E felony, to use or
22	22	threaten to use any force, intimidation, coercion, violence, restraint or undue
23	23	influence in connection with any election, petition or preregistration or registration
24	24	of voters. (NRS 293.710) Section 1 of this bill makes it a crime, punishable as a
25	25	category E felony, for any person to use or threaten or attempt to use any force,
26	26	intimidation, coercion, violence, restraint or undue influence with the intent to: (1)
27	27	interfere with the performance of the duties of any elections official relating to an
28	28	election; or (2) retaliate against any elections official for performing duties relating
29	29	to an election. Section 1 further makes it a crime, punishable as a category E
30	30	felony, for any person to disseminate any personal identifying information or
31	31	sensitive information of an elections official without the consent of the elections
32	32	official, knowing that the elections official could be identified by such information,
33	33	if: (1) the person disseminates such personal identifying information or sensitive
34	34	information with the intent to aid, assist, encourage, facilitate, further or promote
35	35	any criminal offense which would be reasonably likely to cause death, bodily injury
36	36	or stalking or with the intent to cause harm to the elections official and with
37	37	knowledge of or reckless disregard for the reasonable likelihood that the
38	38	dissemination of the information may cause death, bodily injury or stalking; and (2)
39	39	the dissemination of the personal identifying information or sensitive information
40	40	would cause a reasonable person to fear the death, bodily injury or stalking of
41	41	himself or herself or a close relation or causes the death, bodily injury or stalking of
42	42	the elections official whose information was disseminated or a close relation of the
43	43	elections official. Finally, section 1 establishes that certain activities are not
44	44	restricted by section 1.
45	45	Existing law makes it unlawful for a member of the Legislature, the Lieutenant
46	46	Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect from
47	47	soliciting or accepting monetary contributions for any political purpose during a
48	48	certain period before and after a legislative session. (NRS 294A.300) Section 5.3 of
49	49	this bill makes it unlawful for the Secretary of State, the State Treasurer, the State
50	50	Controller or the Attorney General from soliciting or accepting monetary
51	51	contributions for any political purpose during a certain period before and after a
52	52	legislative session. Section 5.6 of this bill makes conforming changes to prohibit a
53	53	lobbyist from making or committing or offering to make a monetary contribution
54	54	– 2 –
55	55
56	56
57	57	- 82nd Session (2023)
58	58	during such periods. Section 6 of this bill makes sections 5.3 and 5.6 effective on
59	59	October 1, 2023.
60	60
61	61	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
62	62
63	63
64	64	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
65	65	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
66	66
67	67	Section 1. Chapter 293 of NRS is hereby amended by adding
68	68	thereto a new section to read as follows:
69	69	1. It is unlawful for any person to use or threaten or attempt
70	70	to use any force, intimidation, coercion, violence, restraint or
71	71	undue influence with the intent to:
72	72	(a) Interfere with the performance of the duties of any
73	73	elections official relating to an election; or
74	74	(b) Retaliate against any elections official for performing
75	75	duties relating to an election.
76	76	2. The provisions of subsection 1 apply regardless of whether
77	77	a person uses or threatens or attempts to use such force,
78	78	intimidation, coercion, violence, restraint or undue influence at a
79	79	polling place or a location other than a polling place.
80	80	3. It is unlawful for a person to disseminate any personal
81	81	identifying information or sensitive information of an elections
82	82	official without the consent of the elections official, knowing that
83	83	the elections official could be identified by such information, if:
84	84	(a) The person disseminates such personal identifying
85	85	information or sensitive information:
86	86	(1) With the intent to aid, assist, encourage, facilitate,
87	87	further or promote any criminal offense which would be
88	88	reasonably likely to cause death, bodily injury or stalking; or
89	89	(2) With the intent to cause harm to the elections official
90	90	and with knowledge of or reckless disregard for the reasonable
91	91	likelihood that the dissemination of the information may cause
92	92	death, bodily injury or stalking; and
93	93	(b) The dissemination of the personal identifying information
94	94	or sensitive information:
95	95	(1) Would cause a reasonable person to fear the death,
96	96	bodily injury or stalking of himself or herself or a close relation;
97	97	or
98	98	(2) Causes the death, bodily injury or stalking of the
99	99	elections official whose information was disseminated or a close
100	100	relation of the elections official.
101	101	– 3 –
102	102
103	103
104	104	- 82nd Session (2023)
105	105	4. A person who violates the provisions of subsection 1 or 3 is
106	106	guilty of a category E felony and shall be punished as provided in
107	107	NRS 193.130.
108	108	5. This section does not limit:
109	109	(a) The applicability of the provisions of law relating to:
110	110	(1) Observing the conduct of voting at a polling place
111	111	pursuant to NRS 293.274 or 293C.269;
112	112	(2) Observing the conduct of tests pursuant to NRS
113	113	293B.145 or 293C.615;
114	114	(3) Observing the handling of ballots upon the closing of
115	115	the polls pursuant to NRS 293B.330 or 293C.630;
116	116	(4) Observing the counting of ballots at the central
117	117	counting place pursuant to NRS 293B.353;
118	118	(5) Observing the delivery, counting, handling and
119	119	processing of the ballots at a polling place, receiving center and
120	120	the central counting place pursuant to NRS 293B.354; and
121	121	(6) Observing ballot processing pursuant to NRS 293B.380.
122	122	(b) The ability of a person to give or offer to give prepackaged
123	123	food items, nonalcoholic beverages, coats, handwarmers or other
124	124	similar items to other persons who are at a polling place or any
125	125	other location described in paragraph (a), if done in accordance
126	126	with any other law and to the extent such items are not distributed
127	127	inside of a building which does not permit the distribution of such
128	128	items in the building as indicated by a sign posted in a prominent
129	129	place at the entrance of the building.
130	130	(c) The ability of a person to engage in written recordation of
131	131	notes at a polling place or a location other than a polling place; or
132	132	(d) The ability of a person to communicate with voters,
133	133	election board officers or other persons in any way that is not
134	134	otherwise limited or prohibited pursuant to subsection 1 or 3 or
135	135	any other provision of law, including, without limitation,
136	136	NRS 293.740.
137	137	6. As used in this section:
138	138	(a) “Close relation” means a current or former spouse or
139	139	domestic partner, parent, child, sibling, stepparent, grandparent or
140	140	any person who regularly resides in the household of who, within
141	141	the immediately preceding 6 months, regularly resided in the
142	142	household.
143	143	(b) “Elections official” means:
144	144	(1) The Secretary of State or any deputy or employee in the
145	145	Elections Division of the Office of the Secretary of State who is
146	146	charged with duties relating to an election;
147	147	– 4 –
148	148
149	149
150	150	- 82nd Session (2023)
151	151	(2) A registrar of voters, county clerk, city clerk or any
152	152	deputy or employee in the elections division of a county or city
153	153	who is charged with elections duties; or
154	154	(3) An election board officer or counting board officer.
155	155	(c) “Personal identifying information” has the meaning
156	156	ascribed to it in NRS 205.4617.
157	157	(d) “Sensitive information” has the meaning ascribed to it in
158	158	NRS 41.1347.
159	159	(e) “Stalking” means a violation of NRS 200.575.
160	160	Secs. 2-5. (Deleted by amendment.)
161	161	Sec. 5.3. NRS 294A.300 is hereby amended to read as
162	162	follows:
163	163	294A.300 1. Except as otherwise provided in this section, it
164	164	is unlawful for a member of the Legislature, the Lieutenant
165	165	Governor, the Lieutenant Governor-Elect, the Governor , [or] the
166	166	Governor-Elect , the Secretary of State, the State Treasurer, the
167	167	State Controller or the Attorney General to solicit or accept any
168	168	monetary contribution, or solicit or accept a commitment to make
169	169	such a contribution for any political purpose during the period
170	170	beginning:
171	171	(a) Thirty days before a regular session of the Legislature and
172	172	ending 30 days after the final adjournment of a regular session of
173	173	the Legislature;
174	174	(b) Fifteen days before a special session of the Legislature is set
175	175	to commence and ending 15 days after the final adjournment of a
176	176	special session of the Legislature, if:
177	177	(1) The Governor sets a specific date for the commencement
178	178	of the special session that is more than 15 days after the date on
179	179	which the Governor issues the proclamation calling for the special
180	180	session pursuant to Section 9 of Article 5 of the Nevada
181	181	Constitution; or
182	182	(2) The members of the Legislature set a date on or before
183	183	which the Legislature is to convene the special session that is more
184	184	than 15 days after the date on which the Secretary of State receives
185	185	one or more substantially similar petitions signed, in the aggregate,
186	186	by the required number of members calling for the special session
187	187	pursuant to Section 2A of Article 4 of the Nevada Constitution; or
188	188	(c) The day after:
189	189	(1) The date on which the Governor issues the proclamation
190	190	calling for the special session and ending 15 days after the final
191	191	adjournment of the special session if the Governor sets a specific
192	192	date for the commencement of the special session that is 15 or fewer
193	193	– 5 –
194	194
195	195
196	196	- 82nd Session (2023)
197	197	days after the date on which the Governor issues the proclamation
198	198	calling for the special session; or
199	199	(2) The date on which the Secretary of State receives one or
200	200	more substantially similar petitions signed, in the aggregate, by the
201	201	required number of members of the Legislature calling for the
202	202	special session and ending 15 days after the final adjournment of
203	203	the special session if the members set a date on or before which the
204	204	Legislature is to convene the special session that is 15 or fewer days
205	205	after the date on which the Secretary of State receives the petitions.
206	206	2. Except as otherwise provided in this section, a person shall
207	207	not make or commit to make a contribution or commitment
208	208	prohibited by subsection 1.
209	209	3. This section does not prohibit the payment of a salary or
210	210	other compensation or income to a member of the Legislature, the
211	211	Lieutenant Governor , [or] the Governor , the Secretary of State, the
212	212	State Treasurer, the State Controller or the Attorney General
213	213	during the period set forth in subsection 1 if it is made for services
214	214	provided as a part of his or her regular employment or is additional
215	215	income to which he or she is entitled.
216	216	4. This section does not apply to any monetary contribution or
217	217	commitment to make such a contribution that may be given to or
218	218	accepted by a person pursuant to NRS 294A.115. The provisions of
219	219	this subsection do not authorize:
220	220	(a) A person to accept or solicit a contribution, or solicit or
221	221	accept a commitment to make such a contribution, other than a
222	222	contribution authorized pursuant to NRS 294A.115.
223	223	(b) A person to make or commit to make a contribution other
224	224	than a contribution authorized pursuant to NRS 294A.115.
225	225	5. This section does not apply to any monetary contribution or
226	226	commitment to make such a contribution that may be given to or
227	227	accepted by a Legislator pursuant to NRS 294A.117.
228	228	6. As used in this section, “political purpose” includes, without
229	229	limitation, the establishment of, or the addition of money to, a legal
230	230	defense fund.
231	231	Sec. 5.6. NRS 218H.930 is hereby amended to read as
232	232	follows:
233	233	218H.930 1. A lobbyist shall not knowingly or willfully
234	234	make any false statement or misrepresentation of facts:
235	235	(a) To any member of the Legislative Branch in an effort to
236	236	persuade or influence the member in any legislative action.
237	237	(b) In a registration statement or report concerning lobbying
238	238	activities filed with the Director.
239	239	– 6 –
240	240
241	241
242	242	- 82nd Session (2023)
243	243	2. A lobbyist shall not knowingly or willfully give any gift to a
244	244	member of the Legislative Branch or a member of his or her
245	245	immediate family or otherwise directly or indirectly arrange,
246	246	facilitate or serve as a conduit for such a gift, whether or not the
247	247	Legislature is in a regular or special session.
248	248	3. A member of the Legislative Branch or a member of his or
249	249	her immediate family shall not knowingly or willfully solicit or
250	250	accept any gift from a lobbyist, whether or not the Legislature is in a
251	251	regular or special session.
252	252	4. A client of a lobbyist shall not make that lobbyist’s
253	253	compensation or reimbursement contingent in any manner upon the
254	254	outcome of any legislative action.
255	255	5. Except during the period permitted by NRS 218H.200, a
256	256	person shall not knowingly act as a lobbyist during a regular or
257	257	special session without being registered as required by that section,
258	258	unless the person qualifies for an exemption or exception from the
259	259	requirements to register as a lobbyist pursuant to any regulations
260	260	adopted in accordance with NRS 218H.500.
261	261	6. Except as otherwise provided in subsection 7, a member of
262	262	the Legislative or Executive Branch of the State Government and an
263	263	elected officer or employee of a political subdivision shall not
264	264	receive compensation or reimbursement other than from the State or
265	265	the political subdivision for personally engaging in lobbying.
266	266	7. An elected officer or employee of a political subdivision
267	267	may receive compensation or reimbursement from any organization
268	268	whose membership consists of elected or appointed public officers.
269	269	8. A lobbyist shall not instigate the introduction of any
270	270	legislation for the purpose of obtaining employment to lobby in
271	271	opposition to that legislation.
272	272	9. A lobbyist shall not make, commit to make or offer to make
273	273	a monetary contribution to a Legislator, the Lieutenant Governor,
274	274	the Lieutenant Governor-elect, the Governor , [or] the Governor-
275	275	elect , the Secretary of State, the State Treasurer, the State
276	276	Controller or the Attorney General during the period set forth in
277	277	subsection 1 of NRS 294A.300 unless such act is otherwise
278	278	authorized pursuant to subsection 4 of NRS 294A.300.
279	279	Sec. 6. 1. This section and sections 1 to 5, inclusive, of this
280	280	act become effective upon passage and approval.
281	281	2. Sections 5.3 and 5.6 of this act become effective on
282	282	October 1, 2023.
283	283
284	284	20 ~~~~~ 23
285	285