A.B. 148
- *AB148*
ASSEMBLY BILL NO. 148–ASSEMBLYMEMBER HAFEN
PREFILED JANUARY 29, 2025
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-770)
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; revising the deadline for a county or
city clerk to distribute sample ballots; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires, with certain exception, a county clerk or city clerk to 1
distribute a sample ballot to each registered voter in the county or city, as 2
applicable, before the period for early voting for any election begins. (NRS 3
293.565, 293C.530) Existing law further requires, with limited exception, the 4
county clerk or city clerk to distribute a mail ballot for every election to: (1) each 5
active registered voter; and (2) each person who registers to vote or updates his or 6
her voter registration information not later than 14 days before the election. With 7
certain exceptions, the deadline for distributing a mail ballot to: (1) each active 8
registered voter who resides within the State is not later than 20 days before the 9
election; (2) each active registered voter who resides outside the State is not later 10
than 40 days before the election; (3) each active registered voter who registers to 11
vote after certain deadlines is not later than 13 days before the election; and (4) 12
each covered voter who is entitled to have a military-overseas ballot transmitted 13
pursuant to certain provisions of federal and state law is not later than 45 days 14
before the election. (NRS 293.269911, 293C.263, 293D.320) Further, in the case of 15
a special election where no candidate for federal office will appear on the ballot, 16
mail ballots must be distributed to each active registered voter not later than 15 17
days before the special election. (NRS 293.269911, 293C.263) 18
Sections 1 and 2 of this bill require a county clerk or city clerk, as applicable, 19
to distribute a sample ballot to each registered voter before the applicable deadline 20
for the clerk to distribute a mail ballot to the registered voter. Section 3 of this bill 21
makes a conforming change to require sample ballots for an election relating to 22
incorporating a city to be distributed before the applicable deadline for the county 23
clerk or registrar of voters to distribute a mail ballot to a registered voter for such 24
an election. 25
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.565 is hereby amended to read as follows: 1
293.565 1. Except as otherwise provided in subsection 3, 2
sample ballots must include: 3
(a) If applicable, the statement required by NRS 293.267; 4
(b) The fiscal note or description of anticipated financial effect, 5
as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.015, 6
295.095 or 295.230 for each proposed constitutional amendment, 7
statewide measure, measure to be voted upon only by a special 8
district or political subdivision and advisory question; 9
(c) An explanation, as provided pursuant to NRS 218D.810, 10
293.250, 293.481, 295.121 or 295.230, of each proposed 11
constitutional amendment, statewide measure, measure to be voted 12
upon only by a special district or political subdivision and advisory 13
question; 14
(d) Arguments for and against each proposed constitutional 15
amendment, statewide measure, measure to be voted upon only by a 16
special district or political subdivision and advisory question, and 17
rebuttals to each argument, as provided pursuant to NRS 218D.810, 18
293.250, 293.252 or 295.121; and 19
(e) The full text of each proposed constitutional amendment. 20
2. If, pursuant to the provisions of NRS 293.2565, the word 21
“Incumbent” must appear on the ballot next to the name of the 22
candidate who is the incumbent, the word “Incumbent” must appear 23
on the sample ballot next to the name of the candidate who is the 24
incumbent. 25
3. Sample ballots that are mailed to registered voters may be 26
printed without the full text of each proposed constitutional 27
amendment if: 28
(a) The cost of printing the sample ballots would be significantly 29
reduced if the full text of each proposed constitutional amendment 30
were not included; 31
(b) The county clerk ensures that a sample ballot that includes 32
the full text of each proposed constitutional amendment is provided 33
at no charge to each registered voter who requests such a sample 34
ballot; and 35
(c) The sample ballots provided to each polling place include the 36
full text of each proposed constitutional amendment. 37
4. A county clerk may establish a system for distributing 38
sample ballots by electronic means to each registered voter who 39
elects to receive a sample ballot by electronic means. Such a system 40
may include, without limitation, electronic mail or electronic access 41
through an Internet website. If a county clerk establishes such a 42
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system and a registered voter elects to receive a sample ballot by 1
electronic means, the county clerk shall distribute the sample ballot 2
to the registered voter by electronic means pursuant to the 3
procedures and requirements set forth by regulations adopted by the 4
Secretary of State. 5
5. If a registered voter does not elect to receive a sample ballot 6
by electronic means pursuant to subsection 4, the county clerk shall 7
distribute the sample ballot to the registered voter by mail. 8
6. Except as otherwise provided in subsection 7, before the 9
[period for early voting for any election begins,] applicable 10
deadline for distributing a mail ballot to a registered voter 11
established by NRS 293.269911, the county clerk shall distribute to 12
each registered voter in the county by mail or electronic means, as 13
applicable, the sample ballot for his or her precinct, with a notice 14
informing the voter of the location of his or her polling place or 15
places. If the location of the polling place or places has changed 16
since the last election: 17
(a) The county clerk shall mail a notice of the change to each 18
registered voter in the county not sooner than 10 days before 19
distributing the sample ballots; or 20
(b) The sample ballot must also include a notice in bold type 21
immediately above the location which states: 22
23
NOTICE: THE LOCATION OF YOUR POLLING PLACE OR 24
PLACES HAS CHANGED SINCE THE LAST ELECTION 25
26
7. If a person registers to vote less than 20 days before the date 27
of an election, the county clerk is not required to distribute to the 28
person the sample ballot for that election by mail or electronic 29
means. 30
8. Except as otherwise provided in subsection 9, a sample 31
ballot required to be distributed pursuant to this section must: 32
(a) Be prepared in at least 12-point type; and 33
(b) Include on the front page, in a separate box created by bold 34
lines, a notice prepared in at least 20-point bold type that states: 35
36
NOTICE: TO RECEIVE A SAMPLE BALLOT IN 37
LARGE TYPE, CALL (Insert appropriate telephone number) 38
39
9. A portion of a sample ballot that contains a facsimile of the 40
display area of a voting device may include material in less than 12-41
point type to the extent necessary to make the facsimile fit on the 42
pages of the sample ballot. 43
10. The sample ballot distributed to a person who requests a 44
sample ballot in large type by exercising the option provided 45
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pursuant to NRS 293.508, or in any other manner, must be prepared 1
in at least 14-point type, or larger when practicable. 2
11. If a person requests a sample ballot in large type, the 3
county clerk shall ensure that all future sample ballots distributed to 4
that person from the county are in large type. 5
12. The county clerk shall include in each sample ballot a 6
statement indicating that the county clerk will, upon request of a 7
voter who is elderly or disabled, make reasonable accommodations 8
to allow the voter to vote at his or her polling place or places and 9
provide reasonable assistance to the voter in casting his or her vote, 10
including, without limitation, providing appropriate materials to 11
assist the voter. In addition, if the county clerk has provided 12
pursuant to subsection 4 of NRS 293.2955 for the placement at 13
centralized voting locations of specially equipped voting devices for 14
use by voters who are elderly or disabled, the county clerk shall 15
include in the sample ballot a statement indicating: 16
(a) The addresses of such centralized voting locations; 17
(b) The types of specially equipped voting devices available at 18
such centralized voting locations; and 19
(c) That a voter who is elderly or disabled may cast his or her 20
ballot at such a centralized voting location rather than at his or her 21
regularly designated polling place or places. 22
13. The cost of distributing sample ballots for any election 23
other than a primary election, presidential preference primary 24
election or general election must be borne by the political 25
subdivision holding the election. 26
Sec. 2. NRS 293C.530 is hereby amended to read as follows: 27
293C.530 1. A city clerk may establish a system for 28
distributing sample ballots by electronic means to each registered 29
voter who elects to receive a sample ballot by electronic means. 30
Such a system may include, without limitation, electronic mail or 31
electronic access through an Internet website. If a city clerk 32
establishes such a system and a registered voter elects to receive a 33
sample ballot by electronic means, the city clerk shall distribute the 34
sample ballot to the registered voter by electronic means pursuant to 35
the procedures and requirements set forth by regulations adopted by 36
the Secretary of State. 37
2. If a registered voter does not elect to receive a sample ballot 38
by electronic means pursuant to subsection 1, the city clerk shall 39
distribute the sample ballot to the registered voter by mail. 40
3. Except as otherwise provided in subsection 4, before the 41
[period for early voting for any election begins,] applicable 42
deadline for distributing a mail ballot to a registered voter 43
established by NRS 293C.263, the city clerk shall distribute to each 44
registered voter in the city by mail or electronic means, as 45
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applicable, the sample ballot for his or her precinct, with a notice 1
informing the voter of the location of his or her polling place or 2
places. If the location of the polling place or places has changed 3
since the last election: 4
(a) The city clerk shall mail a notice of the change to each 5
registered voter in the city not sooner than 10 days before 6
distributing the sample ballots; or 7
(b) The sample ballot must also include a notice in bold type 8
immediately above the location which states: 9
10
NOTICE: THE LOCATION OF YOUR POLLING PLACE OR 11
PLACES HAS CHANGED SINCE THE LAST ELECTION 12
13
4. If a person registers to vote less than 20 days before the date 14
of an election, the city clerk is not required to distribute to the 15
person the sample ballot for that election by mail or electronic 16
means. 17
5. Except as otherwise provided in subsection 7, a sample 18
ballot required to be distributed pursuant to this section must: 19
(a) Be prepared in at least 12-point type; 20
(b) Include the description of the anticipated financial effect and 21
explanation of each citywide measure and advisory question, 22
including arguments for and against the measure or question, as 23
required pursuant to NRS 295.205 or 295.217; and 24
(c) Include on the front page, in a separate box created by bold 25
lines, a notice prepared in at least 20-point bold type that states: 26
27
NOTICE: TO RECEIVE A SAMPLE BALLOT IN 28
LARGE TYPE, CALL (Insert appropriate telephone number) 29
30
6. The word “Incumbent” must appear on the sample ballot 31
next to the name of the candidate who is the incumbent, if required 32
pursuant to NRS 293.2565. 33
7. A portion of a sample ballot that contains a facsimile of the 34
display area of a voting device may include material in less than 12-35
point type to the extent necessary to make the facsimile fit on the 36
pages of the sample ballot. 37
8. The sample ballot distributed to a person who requests a 38
sample ballot in large type by exercising the option provided 39
pursuant to NRS 293.508, or in any other manner, must be prepared 40
in at least 14-point type, or larger when practicable. 41
9. If a person requests a sample ballot in large type, the city 42
clerk shall ensure that all future sample ballots distributed to that 43
person from the city are in large type. 44
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10. The city clerk shall include in each sample ballot a 1
statement indicating that the city clerk will, upon request of a voter 2
who is elderly or disabled, make reasonable accommodations to 3
allow the voter to vote at his or her polling place or places and 4
provide reasonable assistance to the voter in casting his or her vote, 5
including, without limitation, providing appropriate materials to 6
assist the voter. In addition, if the city clerk has provided pursuant to 7
subsection 4 of NRS 293C.281 for the placement at centralized 8
voting locations of specially equipped voting devices for use by 9
voters who are elderly or disabled, the city clerk shall include in the 10
sample ballot a statement indicating: 11
(a) The addresses of such centralized voting locations; 12
(b) The types of specially equipped voting devices available at 13
such centralized voting locations; and 14
(c) That a voter who is elderly or disabled may cast his or her 15
ballot at such a centralized voting location rather than at the voter’s 16
regularly designated polling place or places. 17
11. The cost of distributing sample ballots for a city election 18
must be borne by the city holding the election. 19
Sec. 3. NRS 266.0325 is hereby amended to read as follows: 20
266.0325 1. [At least 10 days before] Before the applicable 21
deadline for distributing mail ballots for an election held pursuant 22
to NRS 266.029, the county clerk or registrar of voters shall 23
distribute to each qualified elector by mail or electronic means, as 24
applicable, a sample ballot for the elector’s precinct with a notice 25
informing the elector of the location of the polling place for that 26
precinct. A sample ballot may be distributed by electronic means to 27
an elector only if the county clerk has established a system for 28
distributing sample ballots by electronic means pursuant to NRS 29
293.565 and the elector elects to receive a sample ballot by 30
electronic means. 31
2. The sample ballot must: 32
(a) Be in the form required by NRS 266.032. 33
(b) Include the information required by NRS 266.032. 34
(c) Except as otherwise provided in subsection 3, be prepared in 35
at least 12-point type. 36
(d) Describe the area proposed to be incorporated by assessor’s 37
parcel maps, existing boundaries of subdivision or parcel maps, 38
identifying visible ground features, extensions of the visible ground 39
features, or by any boundary that coincides with the official 40
boundary of the State, a county, a city, a township, a section or any 41
combination thereof. 42
(e) Contain a copy of the map or plat that was submitted with 43
the petition pursuant to NRS 266.019 and depicts the existing 44
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dedicated streets, sewer interceptors and outfalls and their proposed 1
extensions. 2
(f) Include on the front page, in a separate box created by bold 3
lines, a notice prepared in at least 20-point bold type that states: 4
5
NOTICE: TO RECEIVE A SAMPLE BALLOT IN 6
LARGE TYPE, CALL (Insert appropriate telephone number) 7
8
3. A portion of a sample ballot that contains a facsimile of the 9
display area of a voting device may include material in less than 12-10
point type to the extent necessary to make the facsimile fit on the 11
pages of the sample ballot. 12
4. The sample ballot distributed to a person who requests a 13
sample ballot in large type by exercising the option provided 14
pursuant to NRS 293.508, or in any other manner, must be prepared 15
in at least 14-point type, or larger when practicable. 16
5. If a person requests a sample ballot in large type, the county 17
clerk shall ensure that all future sample ballots distributed to that 18
person from the county are in large type. 19
H