Nevada 2025 Regular Session

Nevada Assembly Bill AB178 Compare Versions

Only one version of the bill is available at this time.
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33 A.B. 178
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55 - *AB178*
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77 ASSEMBLY BILL NO. 178–ASSEMBLYMEMBER GRAY
88
99 PREFILED FEBRUARY 2, 2025
1010 ____________
1111
1212 Referred to Committee on Legislative Operations and Elections
1313
1414 SUMMARY—Revises provisions relating to elections.
1515 (BDR 24-210)
1616
1717 FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
1818 Effect on the State: Yes.
1919
2020 CONTAINS UNFUNDED MANDATE (§§ 2, 3, 10, 11)
2121 (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
2222
2323 ~
2424
2525 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
2626
2727
2828 AN ACT relating to elections; requiring the Secretary of State and
2929 each county or city clerk to establish procedures to inform
3030 registered voters of the requirements for voting by mail
3131 ballot; requiring each county or city clerk to provide
3232 training to election board officers and certain employees
3333 relating to processing and counting mail ballots; requiring
3434 the county or city clerk to submit a report to the Secretary
3535 of State relating to mail ballots after each election;
3636 revising the deadline for returning mail ballots and curing
3737 certain defects in mail ballots; revising the requirements
3838 for establishing procedures for the processing and
3939 counting of mail ballots; and providing other matters
4040 properly relating thereto.
4141 Legislative Counsel’s Digest:
4242 Existing law requires the county or city clerk to establish procedures for the 1
4343 processing and counting of mail ballots. (NRS 293.269925, 293C.26325) Sections 2
4444 7 and 15 of this bill require that such procedures be fair and efficient. 3
4545 Sections 2 and 10 of this bill require the Secretary of State and each county or 4
4646 city clerk to establish procedures to inform registered voters of the requirements for 5
4747 voting by mail ballot. Sections 2 and 10 further require each county or city clerk to 6
4848 provide training to election board officers and employees of the elections division 7
4949 of the county or city on the requirements for processing and counting mail ballots. 8
5050 Sections 3 and 11 of this bill require, after each election, the county or city 9
5151 clerk to submit a report to the Secretary of State regarding mail ballots. Sections 3 10
5252 and 11 also require the Secretary of State to compile the information received from 11
5353 – 2 –
5454
5555
5656 - *AB178*
5757 the county and city clerks and submit a summary to the Director of the Legislative 12
5858 Counsel Bureau for transmittal to the Legislature or Legislative Commission, as 13
5959 applicable. 14
6060 Existing law requires that a mail ballot that is: (1) mailed to a county or city 15
6161 clerk be postmarked on or before the day of the election and received by 5 p.m. on 16
6262 the fourth day following the election; or (2) delivered by hand to the county or city 17
6363 clerk or any drop box before the time set for closing of the polls on election day. 18
6464 (NRS 293.269921, 293.269923, 293C.26321, 293C.26323) Sections 5, 6, 13 and 19
6565 14 of this bill require instead that a mail ballot be delivered to the county or city 20
6666 clerk before the close of business of the office of the county or city clerk, as 21
6767 applicable, regardless of whether the mail ballot is returned by mail or delivered by 22
6868 hand to the county or city clerk or any drop box. 23
6969 Existing law requires certain persons who have not previously voted in any 24
7070 election for federal office in this State to include a copy of certain information in 25
7171 the return envelope with a mail ballot. If such a person fails to provide the 26
7272 information in the return envelope, the county or city clerk must allow the person to 27
7373 provide the required information before 5 p.m. on the sixth day following the 28
7474 election in order for the person’s mail ballot to be counted. (NRS 293.269915, 29
7575 293C.26314) Sections 4 and 12 of this bill provide instead that the county or city 30
7676 clerk must allow the person to provide the required information before 5 p.m. on 31
7777 the third day following the election in order for the person’s mail ballot to be 32
7878 counted. 33
7979 Existing law provides that if the county or city clerk determines when checking 34
8080 the signature used for the mail ballot that the voter failed to affix his or her 35
8181 signature or failed to affix it in the manner required by law for the mail ballot or 36
8282 that there is a reasonable question of fact as to whether the signature used for the 37
8383 mail ballot matches the signature of the voter, but the voter is otherwise entitled to 38
8484 cast the mail ballot, the clerk shall contact the voter and advise the voter of the 39
8585 procedures to provide a signature or a confirmation that the signature used for the 40
8686 mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, 41
8787 the voter must provide a signature or a confirmation, as applicable, not later than 5 42
8888 p.m. on the sixth day following the election. (NRS 293.269927, 293C.26327) 43
8989 Sections 8 and 16 of this bill provide instead that for the mail ballot to be counted, 44
9090 the voter must provide a signature or a confirmation, as applicable, not later than 5 45
9191 p.m. on the third day following the election. 46
9292
9393
9494 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
9595 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
9696
9797 Section 1. Chapter 293 of NRS is hereby amended by adding 1
9898 thereto the provisions set forth as sections 2 and 3 of this act. 2
9999 Sec. 2. 1. The Secretary of State and each county clerk 3
100100 shall establish procedures to inform registered voters of the 4
101101 requirements for voting by mail ballot, including, without 5
102102 limitation: 6
103103 (a) The deadline for returning a mail ballot by mail or 7
104104 personal delivery; and 8
105105 (b) The deadline and process for a registered voter to cure any 9
106106 defect with the voter’s signature on the mail ballot pursuant to 10
107107 NRS 293.269927. 11
108108 – 3 –
109109
110110
111111 - *AB178*
112112  The procedures established pursuant to this subsection must 1
113113 not conflict with the provisions of this section and NRS 2
114114 293.269911 to 293.269937, inclusive, and section 3 of this act. 3
115115 2. Each county clerk shall provide training to election board 4
116116 officers and employees of the elections division of the county on 5
117117 the requirements for processing and counting mail ballots, 6
118118 including, without limitation, the process for allowing a registered 7
119119 voter to cure any defect with the registered voter’s signature on the 8
120120 mail ballot. 9
121121 Sec. 3. 1. After each election, the county clerk shall submit 10
122122 a report to the Secretary of State regarding mail ballots that 11
123123 includes, without limitation: 12
124124 (a) The number of mail ballots that were sent to registered 13
125125 voters; 14
126126 (b) The number of mail ballots that were returned by 15
127127 registered voters; 16
128128 (c) The number of mail ballots that were returned to the 17
129129 county clerk by mail or personal delivery; 18
130130 (d) The number of mail ballots that were returned without the 19
131131 signature of the registered voter or that contained a defect in the 20
132132 signature; 21
133133 (e) The number of registered voters who were contacted by the 22
134134 county clerk to cure a missing or defective signature; and 23
135135 (f) The total number of mail ballots that were counted in the 24
136136 election. 25
137137 2. The Secretary of State shall compile the information 26
138138 received pursuant to subsection 1 from each county clerk and 27
139139 submit a summary to the Director of the Legislative Counsel 28
140140 Bureau for transmittal to the Legislature or, if the Legislature is 29
141141 not in session, to the Legislative Commission. 30
142142 Sec. 4. NRS 293.269915 is hereby amended to read as 31
143143 follows: 32
144144 293.269915 1. Except as otherwise provided in subsection 2, 33
145145 if a person applied by mail or computer to register to vote, or 34
146146 preregistered to vote by mail or computer and is subsequently 35
147147 deemed to be registered to vote, and the person has not previously 36
148148 voted in any election for federal office in this State, the county clerk 37
149149 must inform the person that he or she must include a copy of the 38
150150 information required in paragraph (b) of subsection 1 of NRS 39
151151 293.2725 in the return envelope with the mail ballot. 40
152152 2. The provisions of subsection 1 do not apply to a person who: 41
153153 (a) Registers to vote by mail or computer, or preregisters to vote 42
154154 by mail or computer and is subsequently deemed to be registered to 43
155155 vote, and submits with his or her application to preregister or 44
156156 register to vote: 45
157157 – 4 –
158158
159159
160160 - *AB178*
161161 (1) A copy of a current and valid photo identification; or 1
162162 (2) A copy of a current utility bill, bank statement, paycheck 2
163163 or document issued by a governmental entity, including a check 3
164164 which indicates the name and address of the person, but not 4
165165 including a voter registration card; 5
166166 (b) Registers to vote by mail or computer and submits with his 6
167167 or her application to register to vote a driver’s license number or at 7
168168 least the last four digits of his or her social security number, if a 8
169169 state or local election official has matched that information with an 9
170170 existing identification record bearing the same number, name and 10
171171 date of birth as provided by the person in the application; 11
172172 (c) Registers to vote pursuant to NRS 293.5768 to 293.57699, 12
173173 inclusive, and at that time presents to the automatic voter 13
174174 registration agency: 14
175175 (1) A copy of a current and valid photo identification; 15
176176 (2) A copy of a current utility bill, bank statement, paycheck 16
177177 or document issued by a governmental entity, including a check 17
178178 which indicates the name and address of the person, but not 18
179179 including a voter registration card; or 19
180180 (3) A driver’s license number or at least the last four digits of 20
181181 his or her social security number, if a state or local election official 21
182182 has matched that information with an existing identification record 22
183183 bearing the same number, name and date of birth as provided by the 23
184184 person in the application; 24
185185 (d) Is entitled to vote pursuant to the provisions of chapter 293D 25
186186 of NRS or the Uniformed and Overseas Citizens Absentee Voting 26
187187 Act, 52 U.S.C. §§ 20301 et seq.; 27
188188 (e) Is provided the right to vote otherwise than in person 28
189189 pursuant to the provisions of the Voting Accessibility for the Elderly 29
190190 and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or 30
191191 (f) Is entitled to vote otherwise than in person pursuant to the 31
192192 provisions of any other federal law. 32
193193 3. If a person fails to provide the identification required 33
194194 pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 34
195195 or her mail ballot: 35
196196 (a) The mail ballot must be treated as a provisional ballot; and 36
197197 (b) The county clerk must: 37
198198 (1) Contact the person; 38
199199 (2) Allow the person to provide the identification required 39
200200 before 5 p.m. on the [sixth] third day following the election; and 40
201201 (3) If the identification required pursuant to paragraph (b) of 41
202202 subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is 42
203203 delivered to the appropriate mail ballot central counting board. 43
204204 – 5 –
205205
206206
207207 - *AB178*
208208 Sec. 5. NRS 293.269921 is hereby amended to read as 1
209209 follows: 2
210210 293.269921 1. Except as otherwise provided in [subsection 2 3
211211 and] chapter 293D of NRS, in order for a mail ballot to be counted 4
212212 for any election, before the close of business of the office of the 5
213213 county clerk on the day of the election, the mail ballot must be: 6
214214 (a) [Before the time set for closing of the polls, delivered] 7
215215 Delivered by hand to the county clerk [,] or any ballot drop box 8
216216 established in the county pursuant to this section; or 9
217217 (b) [Mailed to] Received by mail by the county clerk . [, and: 10
218218 (1) Postmarked on or before the day of the election; and 11
219219 (2) Received by the clerk not later than 5 p.m. on the fourth 12
220220 day following the election.] 13
221221 2. [If a mail ballot is received by mail not later than 5 p.m. on 14
222222 the third day following the election and the date of the postmark 15
223223 cannot be determined, the mail ballot shall be deemed to have been 16
224224 postmarked on or before the day of the election. 17
225225 3.] Each county clerk must establish a ballot drop box at every 18
226226 polling place in the county, including, without limitation, a polling 19
227227 place for early voting. A county clerk may establish a ballot drop 20
228228 box at any other location in the county where mail ballots can be 21
229229 delivered by hand and collected during the period for early voting 22
230230 and on election day. No person other than a clerk may establish a 23
231231 drop box for mail ballots. 24
232232 [4.] 3. A ballot drop box must be: 25
233233 (a) Constructed of metal or any other rigid material of sufficient 26
234234 strength and resistance to protect the security of the mail ballots; and 27
235235 (b) Capable of securely receiving and holding the mail ballots 28
236236 and being locked. 29
237237 [5.] 4. A ballot drop box must be: 30
238238 (a) Placed in an accessible and convenient location at the office 31
239239 of the county clerk or a polling place in the county; and 32
240240 (b) Made available for use during the hours when the office of 33
241241 the county clerk, or the polling place, is open for business or voting, 34
242242 as applicable [.] , except that on election day, the ballot drop box 35
243243 must not be available after the close of business of the office of the 36
244244 county clerk. 37
245245 Sec. 6. NRS 293.269923 is hereby amended to read as 38
246246 follows: 39
247247 293.269923 1. Except as otherwise provided in subsection 2, 40
248248 at the request of a voter whose mail ballot has been prepared by or 41
249249 on behalf of the voter, a person authorized by the voter may return 42
250250 the mail ballot on behalf of the voter by mail or personal delivery to 43
251251 the county clerk, or any ballot drop box established in the county, 44
252252 pursuant to NRS 293.269921. 45
253253 – 6 –
254254
255255
256256 - *AB178*
257257 2. Except for an election board officer in the course of the 1
258258 election board officer’s official duties, a person shall not willfully: 2
259259 (a) Impede, obstruct, prevent or interfere with the return of a 3
260260 voter’s mail ballot; 4
261261 (b) Deny a voter the right to return the voter’s mail ballot; or 5
262262 (c) If the person receives the voter’s mail ballot and 6
263263 authorization to return the mail ballot on behalf of the voter by mail 7
264264 or personal delivery, fail to return the mail ballot [, unless otherwise 8
265265 authorized by the voter,] by mail or personal delivery [: 9
266266 (1) Before the end of the third day after the day of receipt, if 10
267267 the person receives the mail ballot from the voter four or more days 11
268268 before the day of the election; or 12
269269 (2) Before the deadline established by the United States 13
270270 Postal Service for the mail ballot to be postmarked on the day of the 14
271271 election or before the polls close on the day of the election, as 15
272272 applicable to the type of delivery, if the person receives the mail 16
273273 ballot from the voter three or fewer days before the day of the 17
274274 election.] so that the mail ballot is received by the county clerk 18
275275 before the close of business of the office of the county clerk on the 19
276276 day of the election. 20
277277 3. A person who violates any provision of subsection 2 is 21
278278 guilty of a category E felony and shall be punished as provided in 22
279279 NRS 193.130. 23
280280 Sec. 7. NRS 293.269925 is hereby amended to read as 24
281281 follows: 25
282282 293.269925 1. The county clerk shall establish procedures 26
283283 for the fair and efficient processing and counting of mail ballots. 27
284284 2. The procedures established pursuant to subsection 1: 28
285285 (a) May authorize mail ballots to be processed, verified and 29
286286 counted by computer or other electronic means; and 30
287287 (b) Must not conflict with the provisions of NRS 293.269911 to 31
288288 293.269937, inclusive. 32
289289 Sec. 8. NRS 293.269927 is hereby amended to read as 33
290290 follows: 34
291291 293.269927 1. Except as otherwise provided in NRS 35
292292 293D.200, when a mail ballot is returned by or on behalf of a voter 36
293293 to the county clerk, and a record of its return is made in the mail 37
294294 ballot record for the election, the clerk or an employee in the office 38
295295 of the clerk shall check the signature used for the mail ballot by 39
296296 electronic means pursuant to subsection 2 or manually pursuant to 40
297297 subsection 3. 41
298298 2. To check the signature used for a mail ballot by electronic 42
299299 means: 43
300300 (a) The electronic device must take a digital image of the 44
301301 signature used for the mail ballot and compare the digital image 45
302302 – 7 –
303303
304304
305305 - *AB178*
306306 with the signatures of the voter from his or her application to 1
307307 register to vote or application to preregister to vote available in the 2
308308 records of the county clerk. 3
309309 (b) If the electronic device does not match the signature of the 4
310310 voter, the signature shall be reviewed manually pursuant to the 5
311311 provisions of subsection 3. 6
312312 3. To check the signature used for a mail ballot manually, the 7
313313 county clerk shall use the following procedure: 8
314314 (a) The clerk or employee shall check the signature used for the 9
315315 mail ballot against all signatures of the voter available in the records 10
316316 of the clerk. 11
317317 (b) If at least two employees in the office of the clerk believe 12
318318 there is a reasonable question of fact as to whether the signature 13
319319 used for the mail ballot matches the signature of the voter, the clerk 14
320320 shall contact the voter and ask the voter to confirm whether the 15
321321 signature used for the mail ballot belongs to the voter. 16
322322 4. For purposes of subsection 3: 17
323323 (a) There is a reasonable question of fact as to whether the 18
324324 signature used for the mail ballot matches the signature of the voter 19
325325 if the signature used for the mail ballot differs in multiple, 20
326326 significant and obvious respects from the signatures of the voter 21
327327 available in the records of the clerk. 22
328328 (b) There is not a reasonable question of fact as to whether the 23
329329 signature used for the mail ballot matches the signature of the voter 24
330330 if: 25
331331 (1) The signature used for the mail ballot is a variation of the 26
332332 signature of the voter caused by the substitution of initials for the 27
333333 first or middle name, the substitution of a different type of 28
334334 punctuation in the first, middle or last name, the use of a common 29
335335 nickname or the use of one last name for a person who has two last 30
336336 names and it does not otherwise differ in multiple, significant and 31
337337 obvious respects from the signatures of the voter available in the 32
338338 records of the clerk; or 33
339339 (2) There are only slight dissimilarities between the signature 34
340340 used for the mail ballot and the signatures of the voter available in 35
341341 the records of the clerk. 36
342342 5. Except as otherwise provided in subsection 6, if the clerk 37
343343 determines that the voter is entitled to cast the mail ballot, the clerk 38
344344 shall deposit the mail ballot in the proper ballot box or place the 39
345345 mail ballot, unopened, in a container that must be securely locked or 40
346346 under the control of the clerk at all times. The clerk shall deliver the 41
347347 mail ballots to the mail ballot central counting board to be processed 42
348348 and prepared for counting. 43
349349 6. If the clerk determines when checking the signature used for 44
350350 the mail ballot that the voter failed to affix his or her signature or 45
351351 – 8 –
352352
353353
354354 - *AB178*
355355 failed to affix it in the manner required by law for the mail ballot or 1
356356 that there is a reasonable question of fact as to whether the signature 2
357357 used for the mail ballot matches the signature of the voter, but the 3
358358 voter is otherwise entitled to cast the mail ballot, the clerk shall 4
359359 contact the voter and advise the voter of the procedures to provide a 5
360360 signature or a confirmation that the signature used for the mail ballot 6
361361 belongs to the voter, as applicable. For the mail ballot to be counted, 7
362362 the voter must provide a signature or a confirmation, as applicable, 8
363363 not later than 5 p.m. on the [sixth] third day following the election. 9
364364 7. The clerk shall prescribe procedures for a voter who failed to 10
365365 affix his or her signature or failed to affix it in the manner required 11
366366 by law for the mail ballot, or for whom there is a reasonable 12
367367 question of fact as to whether the signature used for the mail ballot 13
368368 matches the signature of the voter, in order to: 14
369369 (a) Contact the voter; 15
370370 (b) Allow the voter to provide a signature or a confirmation that 16
371371 the signature used for the mail ballot belongs to the voter, as 17
372372 applicable; and 18
373373 (c) After a signature or a confirmation is provided, as applicable, 19
374374 ensure the mail ballot is delivered to the mail ballot central counting 20
375375 board. 21
376376 8. If there is a reasonable question of fact as to whether the 22
377377 signature used for the mail ballot matches the signature of the voter, 23
378378 the voter must be identified by: 24
379379 (a) Answering questions from the county clerk covering the 25
380380 personal data which is reported on the application to register to vote; 26
381381 (b) Providing the county clerk, orally or in writing, with other 27
382382 personal data which verifies the identity of the voter; or 28
383383 (c) Providing the county clerk with proof of identification as 29
384384 described in NRS 293.277 other than the voter registration card 30
385385 issued to the voter. 31
386386 9. The procedures established pursuant to subsection 7 for 32
387387 contacting a voter must require the clerk to contact the voter, as 33
388388 soon as possible after receipt of the mail ballot, by: 34
389389 (a) Mail; 35
390390 (b) Telephone, if a telephone number for the voter is available in 36
391391 the records of the clerk; and 37
392392 (c) Electronic means, which may include, without limitation, 38
393393 electronic mail, if the voter has provided the clerk with sufficient 39
394394 information to contact the voter by such means. 40
395395 Sec. 9. Chapter 293C of NRS is hereby amended by adding 41
396396 thereto the provisions set forth as sections 10 and 11 of this act. 42
397397 Sec. 10. 1. The Secretary of State and each city clerk shall 43
398398 establish procedures to inform registered voters of the 44
399399 – 9 –
400400
401401
402402 - *AB178*
403403 requirements for voting by mail ballot, including, without 1
404404 limitation: 2
405405 (a) The deadline for returning a mail ballot by mail or 3
406406 personal delivery; and 4
407407 (b) The deadline and process for a registered voter to cure any 5
408408 defect with the voter’s signature on the mail ballot pursuant to 6
409409 NRS 293C.26327. 7
410410  The procedures established pursuant to this subsection must 8
411411 not conflict with the provisions of this section and NRS 293C.263 9
412412 to 293C.26337, inclusive, and section 11 of this act. 10
413413 2. Each city clerk shall provide training to election board 11
414414 officers and employees of the elections division of the city on the 12
415415 requirements for processing and counting mail ballots, including, 13
416416 without limitation, the process for allowing a registered voter to 14
417417 cure any defect with the registered voter’s signature on the mail 15
418418 ballot. 16
419419 Sec. 11. 1. After each city election, the city clerk shall 17
420420 submit a report to the Secretary of State regarding mail ballots 18
421421 that includes, without limitation: 19
422422 (a) The number of mail ballots that were sent to registered 20
423423 voters; 21
424424 (b) The number of mail ballots that were returned by 22
425425 registered voters; 23
426426 (c) The number of mail ballots that were returned to the city 24
427427 clerk by mail or personal delivery; 25
428428 (d) The number of mail ballots that were returned without the 26
429429 signature of the registered voter or that contained a defect in the 27
430430 signature; 28
431431 (e) The number of registered voters who were contacted by the 29
432432 city clerk to cure a missing or defective signature; and 30
433433 (f) The total number of mail ballots that were counted in the 31
434434 city election. 32
435435 2. The Secretary of State shall compile the information 33
436436 received pursuant to subsection 1 from each city clerk and submit 34
437437 a summary to the Director of the Legislative Counsel Bureau for 35
438438 transmittal to the Legislature or, if the Legislature is not in 36
439439 session, to the Legislative Commission. 37
440440 Sec. 12. NRS 293C.26314 is hereby amended to read as 38
441441 follows: 39
442442 293C.26314 1. Except as otherwise provided in subsection 2, 40
443443 if a person applied by mail or computer to register to vote, or 41
444444 preregistered to vote by mail or computer and is subsequently 42
445445 deemed to be registered to vote, and the person has not previously 43
446446 voted in any election for federal office in this State, the city clerk 44
447447 must inform the person that he or she must include a copy of the 45
448448 – 10 –
449449
450450
451451 - *AB178*
452452 information required in paragraph (b) of subsection 1 of NRS 1
453453 293.2725 in the return envelope with the mail ballot. 2
454454 2. The provisions of subsection 1 do not apply to a person who: 3
455455 (a) Registers to vote by mail or computer, or preregisters to vote 4
456456 by mail or computer and is subsequently deemed to be registered to 5
457457 vote, and submits with his or her application to preregister or 6
458458 register to vote: 7
459459 (1) A copy of a current and valid photo identification; or 8
460460 (2) A copy of a current utility bill, bank statement, paycheck 9
461461 or document issued by a governmental entity, including a check 10
462462 which indicates the name and address of the person, but not 11
463463 including a voter registration card; 12
464464 (b) Registers to vote by mail or computer and submits with his 13
465465 or her application to register to vote a driver’s license number or at 14
466466 least the last four digits of his or her social security number, if a 15
467467 state or local election official has matched that information with an 16
468468 existing identification record bearing the same number, name and 17
469469 date of birth as provided by the person in the application; 18
470470 (c) Registers to vote pursuant to NRS 293.5768 to 293.57699, 19
471471 inclusive, and at that time presents to the automatic voter 20
472472 registration agency: 21
473473 (1) A copy of a current and valid photo identification; 22
474474 (2) A copy of a current utility bill, bank statement, paycheck 23
475475 or document issued by a governmental entity, including a check 24
476476 which indicates the name and address of the person, but not 25
477477 including a voter registration card; or 26
478478 (3) A driver’s license number or at least the last four digits of 27
479479 his or her social security number, if a state or local election official 28
480480 has matched that information with an existing identification record 29
481481 bearing the same number, name and date of birth as provided by the 30
482482 person in the application; 31
483483 (d) Is entitled to vote pursuant to the provisions of chapter 293D 32
484484 of NRS or the Uniformed and Overseas Citizens Absentee Voting 33
485485 Act, 52 U.S.C. §§ 20301 et seq.; 34
486486 (e) Is provided the right to vote otherwise than in person 35
487487 pursuant to the provisions of the Voting Accessibility for the Elderly 36
488488 and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or 37
489489 (f) Is entitled to vote otherwise than in person pursuant to the 38
490490 provisions of any other federal law. 39
491491 3. If a person fails to provide the identification required 40
492492 pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 41
493493 or her mail ballot: 42
494494 (a) The mail ballot must be treated as a provisional ballot; and 43
495495 (b) The city clerk must: 44
496496 (1) Contact the person; 45
497497 – 11 –
498498
499499
500500 - *AB178*
501501 (2) Allow the person to provide the identification required 1
502502 before 5 p.m. on the [sixth] third day following the election; and 2
503503 (3) If the identification required pursuant to paragraph (b) of 3
504504 subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is 4
505505 delivered to the appropriate mail ballot central counting board. 5
506506 Sec. 13. NRS 293C.26321 is hereby amended to read as 6
507507 follows: 7
508508 293C.26321 1. Except as otherwise provided in [subsection 2 8
509509 and] chapter 293D of NRS, in order for a mail ballot to be counted 9
510510 for any election, before the close of business of the office of the 10
511511 city clerk on the day of the election, the mail ballot must be: 11
512512 (a) [Before the time set for closing of the polls, delivered] 12
513513 Delivered by hand to the city clerk [,] or any ballot drop box 13
514514 established in the city [,] pursuant to this section; or 14
515515 (b) [Mailed to] Received by mail by the city clerk . [, and: 15
516516 (1) Postmarked on or before the day of the election; and 16
517517 (2) Received by the clerk not later than 5 p.m. on the fourth 17
518518 day following the election.] 18
519519 2. [If a mail ballot is received by mail not later than 5 p.m. on 19
520520 the third day following the election and the date of the postmark 20
521521 cannot be determined, the mail ballot shall be deemed to have been 21
522522 postmarked on or before the day of the election. 22
523523 3.] Each city clerk must establish a ballot drop box at every 23
524524 polling place in the city, including, without limitation, a polling 24
525525 place for early voting. A city clerk may establish a drop box at any 25
526526 other location in the city where mail ballots can be delivered by 26
527527 hand and collected during the period for early voting and on election 27
528528 day. No person other than a clerk may establish a drop box for mail 28
529529 ballots. 29
530530 [4.] 3. A ballot drop box must be: 30
531531 (a) Constructed of metal or any other rigid material of sufficient 31
532532 strength and resistance to protect the security of the mail ballots; and 32
533533 (b) Capable of securely receiving and holding the mail ballots 33
534534 and being locked. 34
535535 [5.] 4. A ballot drop box must be: 35
536536 (a) Placed in an accessible and convenient location at the office 36
537537 of the city clerk, or a polling place in the city; and 37
538538 (b) Made available for use during the hours when the office of 38
539539 the city clerk, or the polling place, is open for business or voting, as 39
540540 applicable [.] , except that on election day, the ballot drop box must 40
541541 not be available after the close of business of the office of the city 41
542542 clerk. 42
543543 – 12 –
544544
545545
546546 - *AB178*
547547 Sec. 14. NRS 293C.26323 is hereby amended to read as 1
548548 follows: 2
549549 293C.26323 1. Except as otherwise provided in subsection 2, 3
550550 at the request of a voter whose mail ballot has been prepared by or 4
551551 on behalf of the voter, a person authorized by the voter may return 5
552552 the mail ballot on behalf of the voter by mail or personal delivery to 6
553553 the city clerk, or any ballot drop box established in the city, pursuant 7
554554 to NRS 293C.26321. 8
555555 2. Except for an election board officer in the course of the 9
556556 election board officer’s official duties, a person shall not willfully: 10
557557 (a) Impede, obstruct, prevent or interfere with the return of a 11
558558 voter’s mail ballot; 12
559559 (b) Deny a voter the right to return the voter’s mail ballot; or 13
560560 (c) If the person receives the voter’s mail ballot and 14
561561 authorization to return the mail ballot on behalf of the voter by mail 15
562562 or personal delivery, fail to return the mail ballot [, unless otherwise 16
563563 authorized by the voter,] by mail or personal delivery [: 17
564564 (1) Before the end of the third day after the day of receipt, if 18
565565 the person receives the mail ballot from the voter four or more days 19
566566 before the day of the election; or 20
567567 (2) Before the deadline established by the United States 21
568568 Postal Service for the mail ballot to be postmarked on the day of the 22
569569 election or before the polls close on the day of the election, as 23
570570 applicable to the type of delivery, if the person receives the mail 24
571571 ballot from the voter three or fewer days before the day of the 25
572572 election.] so that the mail ballot is received by the city clerk before 26
573573 the close of business of the office of the city clerk on the day of the 27
574574 election. 28
575575 3. A person who violates any provision of subsection 2 is 29
576576 guilty of a category E felony and shall be punished as provided in 30
577577 NRS 193.130. 31
578578 Sec. 15. NRS 293C.26325 is hereby amended to read as 32
579579 follows: 33
580580 293C.26325 1. The city clerk shall establish procedures for 34
581581 the fair and efficient processing and counting of mail ballots. 35
582582 2. The procedures established pursuant to subsection 1: 36
583583 (a) May authorize mail ballots to be processed, verified and 37
584584 counted by computer or other electronic means; and 38
585585 (b) Must not conflict with the provisions of NRS 293C.263 to 39
586586 293C.26337, inclusive. 40
587587 Sec. 16. NRS 293C.26327 is hereby amended to read as 41
588588 follows: 42
589589 293C.26327 1. Except as otherwise provided in NRS 43
590590 293D.200, when a mail ballot is returned by or on behalf of a voter 44
591591 to the city clerk, and a record of its return is made in the mail ballot 45
592592 – 13 –
593593
594594
595595 - *AB178*
596596 record for the election, the clerk or an employee in the office of 1
597597 the clerk shall check the signature used for the mail ballot by 2
598598 electronic means pursuant to subsection 2 or manually pursuant to 3
599599 subsection 3. 4
600600 2. To check the signature used for a mail ballot by electronic 5
601601 means: 6
602602 (a) The electronic device must take a digital image of the 7
603603 signature used for the mail ballot and electronically compare the 8
604604 digital image with the signatures of the voter from his or her 9
605605 application to register to vote or application to preregister to vote 10
606606 available in the records of the city clerk. 11
607607 (b) If the electronic device does not match the signature of the 12
608608 voter, the signature shall be reviewed manually pursuant to the 13
609609 provisions of subsection 3. 14
610610 3. To check the signature used for a mail ballot manually, the 15
611611 city clerk shall use the following procedure: 16
612612 (a) The clerk or employee shall check the signature used for the 17
613613 mail ballot against all signatures of the voter available in the records 18
614614 of the clerk. 19
615615 (b) If at least two employees in the office of the clerk believe 20
616616 there is a reasonable question of fact as to whether the signature 21
617617 used for the mail ballot matches the signature of the voter, the clerk 22
618618 shall contact the voter and ask the voter to confirm whether the 23
619619 signature used for the mail ballot belongs to the voter. 24
620620 4. For purposes of subsection 3: 25
621621 (a) There is a reasonable question of fact as to whether the 26
622622 signature used for the mail ballot matches the signature of the voter 27
623623 if the signature used for the mail ballot differs in multiple, 28
624624 significant and obvious respects from the signatures of the voter 29
625625 available in the records of the clerk. 30
626626 (b) There is not a reasonable question of fact as to whether the 31
627627 signature used for the mail ballot matches the signature of the voter 32
628628 if: 33
629629 (1) The signature used for the mail ballot is a variation of the 34
630630 signature of the voter caused by the substitution of initials for the 35
631631 first or middle name, the substitution of a different type of 36
632632 punctuation in the first, middle or last name, the use of a common 37
633633 nickname or the use of one last name for a person who has two last 38
634634 names and it does not otherwise differ in multiple, significant and 39
635635 obvious respects from the signatures of the voter available in the 40
636636 records of the clerk; or 41
637637 (2) There are only slight dissimilarities between the signature 42
638638 used for the mail ballot and the signatures of the voter available in 43
639639 the records of the clerk. 44
640640 – 14 –
641641
642642
643643 - *AB178*
644644 5. Except as otherwise provided in subsection 6, if the clerk 1
645645 determines that the voter is entitled to cast the mail ballot, the clerk 2
646646 shall deposit the mail ballot in the proper ballot box or place the 3
647647 mail ballot, unopened, in a container that must be securely locked or 4
648648 under the control of the clerk at all times. The clerk shall deliver the 5
649649 mail ballots to the mail ballot central counting board to be processed 6
650650 and prepared for counting. 7
651651 6. If the clerk determines when checking the signature used for 8
652652 the mail ballot that the voter failed to affix his or her signature or 9
653653 failed to affix it in the manner required by law for the mail ballot or 10
654654 that there is a reasonable question of fact as to whether the signature 11
655655 used for the mail ballot matches the signature of the voter, but the 12
656656 voter is otherwise entitled to cast the mail ballot, the clerk shall 13
657657 contact the voter and advise the voter of the procedures to provide a 14
658658 signature or a confirmation that the signature used for the mail ballot 15
659659 belongs to the voter, as applicable. For the mail ballot to be counted, 16
660660 the voter must provide a signature or a confirmation, as applicable, 17
661661 not later than 5 p.m. on the [sixth] third day following the election. 18
662662 7. The clerk shall prescribe procedures for a voter who failed to 19
663663 affix his or her signature or failed to affix it in the manner required 20
664664 by law for the mail ballot, or for whom there is a reasonable 21
665665 question of fact as to whether the signature used for the mail ballot 22
666666 matches the signature of the voter, in order to: 23
667667 (a) Contact the voter; 24
668668 (b) Allow the voter to provide a signature or a confirmation that 25
669669 the signature used for the mail ballot belongs to the voter, as 26
670670 applicable; and 27
671671 (c) After a signature or a confirmation is provided, as applicable, 28
672672 ensure the mail ballot is delivered to the mail ballot central counting 29
673673 board. 30
674674 8. If there is a reasonable question of fact as to whether the 31
675675 signature used for the mail ballot matches the signature of the voter, 32
676676 the voter must be identified by: 33
677677 (a) Answering questions from the city clerk covering the 34
678678 personal data which is reported on the application to register to vote; 35
679679 (b) Providing the city clerk, orally or in writing, with other 36
680680 personal data which verifies the identity of the voter; or 37
681681 (c) Providing the city clerk with proof of identification as 38
682682 described in NRS 293C.270 other than the voter registration card 39
683683 issued to the voter. 40
684684 9. The procedures established pursuant to subsection 7 for 41
685685 contacting a voter must require the clerk to contact the voter, as 42
686686 soon as possible after receipt of the mail ballot, by: 43
687687 (a) Mail; 44
688688 – 15 –
689689
690690
691691 - *AB178*
692692 (b) Telephone, if a telephone number for the voter is available in 1
693693 the records of the clerk; and 2
694694 (c) Electronic means, which may include, without limitation, 3
695695 electronic mail, if the voter has provided the clerk with sufficient 4
696696 information to contact the voter by such means. 5
697697 Sec. 17. The provisions of subsection 1 of NRS 218D.380 do 6
698698 not apply to any provision of this act which adds or revises a 7
699699 requirement to submit a report to the Legislature. 8
700700 Sec. 18. The provisions of NRS 354.599 do not apply to any 9
701701 additional expenses of a local government that are related to the 10
702702 provisions of this act. 11
703703 Sec. 19. 1. This section and sections 17 and 18 of this act 12
704704 become effective upon passage and approval. 13
705705 2. Sections 1 to 16, inclusive, of this act become effective: 14
706706 (a) Upon passage and approval for the purpose of adopting any 15
707707 regulations and performing any other preparatory administrative 16
708708 tasks that are necessary to carry out the provisions of this act; and 17
709709 (b) On January 1, 2026, for all other purposes. 18
710710
711711 H
712712
713713
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