A.B. 178
- *AB178*
ASSEMBLY BILL NO. 178–ASSEMBLYMEMBER GRAY
PREFILED FEBRUARY 2, 2025
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-210)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 2, 3, 10, 11)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to elections; requiring the Secretary of State and
each county or city clerk to establish procedures to inform
registered voters of the requirements for voting by mail
ballot; requiring each county or city clerk to provide
training to election board officers and certain employees
relating to processing and counting mail ballots; requiring
the county or city clerk to submit a report to the Secretary
of State relating to mail ballots after each election;
revising the deadline for returning mail ballots and curing
certain defects in mail ballots; revising the requirements
for establishing procedures for the processing and
counting of mail ballots; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the county or city clerk to establish procedures for the 1
processing and counting of mail ballots. (NRS 293.269925, 293C.26325) Sections 2
7 and 15 of this bill require that such procedures be fair and efficient. 3
Sections 2 and 10 of this bill require the Secretary of State and each county or 4
city clerk to establish procedures to inform registered voters of the requirements for 5
voting by mail ballot. Sections 2 and 10 further require each county or city clerk to 6
provide training to election board officers and employees of the elections division 7
of the county or city on the requirements for processing and counting mail ballots. 8
Sections 3 and 11 of this bill require, after each election, the county or city 9
clerk to submit a report to the Secretary of State regarding mail ballots. Sections 3 10
and 11 also require the Secretary of State to compile the information received from 11
– 2 –
- *AB178*
the county and city clerks and submit a summary to the Director of the Legislative 12
Counsel Bureau for transmittal to the Legislature or Legislative Commission, as 13
applicable. 14
Existing law requires that a mail ballot that is: (1) mailed to a county or city 15
clerk be postmarked on or before the day of the election and received by 5 p.m. on 16
the fourth day following the election; or (2) delivered by hand to the county or city 17
clerk or any drop box before the time set for closing of the polls on election day. 18
(NRS 293.269921, 293.269923, 293C.26321, 293C.26323) Sections 5, 6, 13 and 19
14 of this bill require instead that a mail ballot be delivered to the county or city 20
clerk before the close of business of the office of the county or city clerk, as 21
applicable, regardless of whether the mail ballot is returned by mail or delivered by 22
hand to the county or city clerk or any drop box. 23
Existing law requires certain persons who have not previously voted in any 24
election for federal office in this State to include a copy of certain information in 25
the return envelope with a mail ballot. If such a person fails to provide the 26
information in the return envelope, the county or city clerk must allow the person to 27
provide the required information before 5 p.m. on the sixth day following the 28
election in order for the person’s mail ballot to be counted. (NRS 293.269915, 29
293C.26314) Sections 4 and 12 of this bill provide instead that the county or city 30
clerk must allow the person to provide the required information before 5 p.m. on 31
the third day following the election in order for the person’s mail ballot to be 32
counted. 33
Existing law provides that if the county or city clerk determines when checking 34
the signature used for the mail ballot that the voter failed to affix his or her 35
signature or failed to affix it in the manner required by law for the mail ballot or 36
that there is a reasonable question of fact as to whether the signature used for the 37
mail ballot matches the signature of the voter, but the voter is otherwise entitled to 38
cast the mail ballot, the clerk shall contact the voter and advise the voter of the 39
procedures to provide a signature or a confirmation that the signature used for the 40
mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, 41
the voter must provide a signature or a confirmation, as applicable, not later than 5 42
p.m. on the sixth day following the election. (NRS 293.269927, 293C.26327) 43
Sections 8 and 16 of this bill provide instead that for the mail ballot to be counted, 44
the voter must provide a signature or a confirmation, as applicable, not later than 5 45
p.m. on the third day following the election. 46
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. 1. The Secretary of State and each county clerk 3
shall establish procedures to inform registered voters of the 4
requirements for voting by mail ballot, including, without 5
limitation: 6
(a) The deadline for returning a mail ballot by mail or 7
personal delivery; and 8
(b) The deadline and process for a registered voter to cure any 9
defect with the voter’s signature on the mail ballot pursuant to 10
NRS 293.269927. 11
– 3 –
- *AB178*
The procedures established pursuant to this subsection must 1
not conflict with the provisions of this section and NRS 2
293.269911 to 293.269937, inclusive, and section 3 of this act. 3
2. Each county clerk shall provide training to election board 4
officers and employees of the elections division of the county on 5
the requirements for processing and counting mail ballots, 6
including, without limitation, the process for allowing a registered 7
voter to cure any defect with the registered voter’s signature on the 8
mail ballot. 9
Sec. 3. 1. After each election, the county clerk shall submit 10
a report to the Secretary of State regarding mail ballots that 11
includes, without limitation: 12
(a) The number of mail ballots that were sent to registered 13
voters; 14
(b) The number of mail ballots that were returned by 15
registered voters; 16
(c) The number of mail ballots that were returned to the 17
county clerk by mail or personal delivery; 18
(d) The number of mail ballots that were returned without the 19
signature of the registered voter or that contained a defect in the 20
signature; 21
(e) The number of registered voters who were contacted by the 22
county clerk to cure a missing or defective signature; and 23
(f) The total number of mail ballots that were counted in the 24
election. 25
2. The Secretary of State shall compile the information 26
received pursuant to subsection 1 from each county clerk and 27
submit a summary to the Director of the Legislative Counsel 28
Bureau for transmittal to the Legislature or, if the Legislature is 29
not in session, to the Legislative Commission. 30
Sec. 4. NRS 293.269915 is hereby amended to read as 31
follows: 32
293.269915 1. Except as otherwise provided in subsection 2, 33
if a person applied by mail or computer to register to vote, or 34
preregistered to vote by mail or computer and is subsequently 35
deemed to be registered to vote, and the person has not previously 36
voted in any election for federal office in this State, the county clerk 37
must inform the person that he or she must include a copy of the 38
information required in paragraph (b) of subsection 1 of NRS 39
293.2725 in the return envelope with the mail ballot. 40
2. The provisions of subsection 1 do not apply to a person who: 41
(a) Registers to vote by mail or computer, or preregisters to vote 42
by mail or computer and is subsequently deemed to be registered to 43
vote, and submits with his or her application to preregister or 44
register to vote: 45
– 4 –
- *AB178*
(1) A copy of a current and valid photo identification; or 1
(2) A copy of a current utility bill, bank statement, paycheck 2
or document issued by a governmental entity, including a check 3
which indicates the name and address of the person, but not 4
including a voter registration card; 5
(b) Registers to vote by mail or computer and submits with his 6
or her application to register to vote a driver’s license number or at 7
least the last four digits of his or her social security number, if a 8
state or local election official has matched that information with an 9
existing identification record bearing the same number, name and 10
date of birth as provided by the person in the application; 11
(c) Registers to vote pursuant to NRS 293.5768 to 293.57699, 12
inclusive, and at that time presents to the automatic voter 13
registration agency: 14
(1) A copy of a current and valid photo identification; 15
(2) A copy of a current utility bill, bank statement, paycheck 16
or document issued by a governmental entity, including a check 17
which indicates the name and address of the person, but not 18
including a voter registration card; or 19
(3) A driver’s license number or at least the last four digits of 20
his or her social security number, if a state or local election official 21
has matched that information with an existing identification record 22
bearing the same number, name and date of birth as provided by the 23
person in the application; 24
(d) Is entitled to vote pursuant to the provisions of chapter 293D 25
of NRS or the Uniformed and Overseas Citizens Absentee Voting 26
Act, 52 U.S.C. §§ 20301 et seq.; 27
(e) Is provided the right to vote otherwise than in person 28
pursuant to the provisions of the Voting Accessibility for the Elderly 29
and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or 30
(f) Is entitled to vote otherwise than in person pursuant to the 31
provisions of any other federal law. 32
3. If a person fails to provide the identification required 33
pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 34
or her mail ballot: 35
(a) The mail ballot must be treated as a provisional ballot; and 36
(b) The county clerk must: 37
(1) Contact the person; 38
(2) Allow the person to provide the identification required 39
before 5 p.m. on the [sixth] third day following the election; and 40
(3) If the identification required pursuant to paragraph (b) of 41
subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is 42
delivered to the appropriate mail ballot central counting board. 43
– 5 –
- *AB178*
Sec. 5. NRS 293.269921 is hereby amended to read as 1
follows: 2
293.269921 1. Except as otherwise provided in [subsection 2 3
and] chapter 293D of NRS, in order for a mail ballot to be counted 4
for any election, before the close of business of the office of the 5
county clerk on the day of the election, the mail ballot must be: 6
(a) [Before the time set for closing of the polls, delivered] 7
Delivered by hand to the county clerk [,] or any ballot drop box 8
established in the county pursuant to this section; or 9
(b) [Mailed to] Received by mail by the county clerk . [, and: 10
(1) Postmarked on or before the day of the election; and 11
(2) Received by the clerk not later than 5 p.m. on the fourth 12
day following the election.] 13
2. [If a mail ballot is received by mail not later than 5 p.m. on 14
the third day following the election and the date of the postmark 15
cannot be determined, the mail ballot shall be deemed to have been 16
postmarked on or before the day of the election. 17
3.] Each county clerk must establish a ballot drop box at every 18
polling place in the county, including, without limitation, a polling 19
place for early voting. A county clerk may establish a ballot drop 20
box at any other location in the county where mail ballots can be 21
delivered by hand and collected during the period for early voting 22
and on election day. No person other than a clerk may establish a 23
drop box for mail ballots. 24
[4.] 3. A ballot drop box must be: 25
(a) Constructed of metal or any other rigid material of sufficient 26
strength and resistance to protect the security of the mail ballots; and 27
(b) Capable of securely receiving and holding the mail ballots 28
and being locked. 29
[5.] 4. A ballot drop box must be: 30
(a) Placed in an accessible and convenient location at the office 31
of the county clerk or a polling place in the county; and 32
(b) Made available for use during the hours when the office of 33
the county clerk, or the polling place, is open for business or voting, 34
as applicable [.] , except that on election day, the ballot drop box 35
must not be available after the close of business of the office of the 36
county clerk. 37
Sec. 6. NRS 293.269923 is hereby amended to read as 38
follows: 39
293.269923 1. Except as otherwise provided in subsection 2, 40
at the request of a voter whose mail ballot has been prepared by or 41
on behalf of the voter, a person authorized by the voter may return 42
the mail ballot on behalf of the voter by mail or personal delivery to 43
the county clerk, or any ballot drop box established in the county, 44
pursuant to NRS 293.269921. 45
– 6 –
- *AB178*
2. Except for an election board officer in the course of the 1
election board officer’s official duties, a person shall not willfully: 2
(a) Impede, obstruct, prevent or interfere with the return of a 3
voter’s mail ballot; 4
(b) Deny a voter the right to return the voter’s mail ballot; or 5
(c) If the person receives the voter’s mail ballot and 6
authorization to return the mail ballot on behalf of the voter by mail 7
or personal delivery, fail to return the mail ballot [, unless otherwise 8
authorized by the voter,] by mail or personal delivery [: 9
(1) Before the end of the third day after the day of receipt, if 10
the person receives the mail ballot from the voter four or more days 11
before the day of the election; or 12
(2) Before the deadline established by the United States 13
Postal Service for the mail ballot to be postmarked on the day of the 14
election or before the polls close on the day of the election, as 15
applicable to the type of delivery, if the person receives the mail 16
ballot from the voter three or fewer days before the day of the 17
election.] so that the mail ballot is received by the county clerk 18
before the close of business of the office of the county clerk on the 19
day of the election. 20
3. A person who violates any provision of subsection 2 is 21
guilty of a category E felony and shall be punished as provided in 22
NRS 193.130. 23
Sec. 7. NRS 293.269925 is hereby amended to read as 24
follows: 25
293.269925 1. The county clerk shall establish procedures 26
for the fair and efficient processing and counting of mail ballots. 27
2. The procedures established pursuant to subsection 1: 28
(a) May authorize mail ballots to be processed, verified and 29
counted by computer or other electronic means; and 30
(b) Must not conflict with the provisions of NRS 293.269911 to 31
293.269937, inclusive. 32
Sec. 8. NRS 293.269927 is hereby amended to read as 33
follows: 34
293.269927 1. Except as otherwise provided in NRS 35
293D.200, when a mail ballot is returned by or on behalf of a voter 36
to the county clerk, and a record of its return is made in the mail 37
ballot record for the election, the clerk or an employee in the office 38
of the clerk shall check the signature used for the mail ballot by 39
electronic means pursuant to subsection 2 or manually pursuant to 40
subsection 3. 41
2. To check the signature used for a mail ballot by electronic 42
means: 43
(a) The electronic device must take a digital image of the 44
signature used for the mail ballot and compare the digital image 45
– 7 –
- *AB178*
with the signatures of the voter from his or her application to 1
register to vote or application to preregister to vote available in the 2
records of the county clerk. 3
(b) If the electronic device does not match the signature of the 4
voter, the signature shall be reviewed manually pursuant to the 5
provisions of subsection 3. 6
3. To check the signature used for a mail ballot manually, the 7
county clerk shall use the following procedure: 8
(a) The clerk or employee shall check the signature used for the 9
mail ballot against all signatures of the voter available in the records 10
of the clerk. 11
(b) If at least two employees in the office of the clerk believe 12
there is a reasonable question of fact as to whether the signature 13
used for the mail ballot matches the signature of the voter, the clerk 14
shall contact the voter and ask the voter to confirm whether the 15
signature used for the mail ballot belongs to the voter. 16
4. For purposes of subsection 3: 17
(a) There is a reasonable question of fact as to whether the 18
signature used for the mail ballot matches the signature of the voter 19
if the signature used for the mail ballot differs in multiple, 20
significant and obvious respects from the signatures of the voter 21
available in the records of the clerk. 22
(b) There is not a reasonable question of fact as to whether the 23
signature used for the mail ballot matches the signature of the voter 24
if: 25
(1) The signature used for the mail ballot is a variation of the 26
signature of the voter caused by the substitution of initials for the 27
first or middle name, the substitution of a different type of 28
punctuation in the first, middle or last name, the use of a common 29
nickname or the use of one last name for a person who has two last 30
names and it does not otherwise differ in multiple, significant and 31
obvious respects from the signatures of the voter available in the 32
records of the clerk; or 33
(2) There are only slight dissimilarities between the signature 34
used for the mail ballot and the signatures of the voter available in 35
the records of the clerk. 36
5. Except as otherwise provided in subsection 6, if the clerk 37
determines that the voter is entitled to cast the mail ballot, the clerk 38
shall deposit the mail ballot in the proper ballot box or place the 39
mail ballot, unopened, in a container that must be securely locked or 40
under the control of the clerk at all times. The clerk shall deliver the 41
mail ballots to the mail ballot central counting board to be processed 42
and prepared for counting. 43
6. If the clerk determines when checking the signature used for 44
the mail ballot that the voter failed to affix his or her signature or 45
– 8 –
- *AB178*
failed to affix it in the manner required by law for the mail ballot or 1
that there is a reasonable question of fact as to whether the signature 2
used for the mail ballot matches the signature of the voter, but the 3
voter is otherwise entitled to cast the mail ballot, the clerk shall 4
contact the voter and advise the voter of the procedures to provide a 5
signature or a confirmation that the signature used for the mail ballot 6
belongs to the voter, as applicable. For the mail ballot to be counted, 7
the voter must provide a signature or a confirmation, as applicable, 8
not later than 5 p.m. on the [sixth] third day following the election. 9
7. The clerk shall prescribe procedures for a voter who failed to 10
affix his or her signature or failed to affix it in the manner required 11
by law for the mail ballot, or for whom there is a reasonable 12
question of fact as to whether the signature used for the mail ballot 13
matches the signature of the voter, in order to: 14
(a) Contact the voter; 15
(b) Allow the voter to provide a signature or a confirmation that 16
the signature used for the mail ballot belongs to the voter, as 17
applicable; and 18
(c) After a signature or a confirmation is provided, as applicable, 19
ensure the mail ballot is delivered to the mail ballot central counting 20
board. 21
8. If there is a reasonable question of fact as to whether the 22
signature used for the mail ballot matches the signature of the voter, 23
the voter must be identified by: 24
(a) Answering questions from the county clerk covering the 25
personal data which is reported on the application to register to vote; 26
(b) Providing the county clerk, orally or in writing, with other 27
personal data which verifies the identity of the voter; or 28
(c) Providing the county clerk with proof of identification as 29
described in NRS 293.277 other than the voter registration card 30
issued to the voter. 31
9. The procedures established pursuant to subsection 7 for 32
contacting a voter must require the clerk to contact the voter, as 33
soon as possible after receipt of the mail ballot, by: 34
(a) Mail; 35
(b) Telephone, if a telephone number for the voter is available in 36
the records of the clerk; and 37
(c) Electronic means, which may include, without limitation, 38
electronic mail, if the voter has provided the clerk with sufficient 39
information to contact the voter by such means. 40
Sec. 9. Chapter 293C of NRS is hereby amended by adding 41
thereto the provisions set forth as sections 10 and 11 of this act. 42
Sec. 10. 1. The Secretary of State and each city clerk shall 43
establish procedures to inform registered voters of the 44
– 9 –
- *AB178*
requirements for voting by mail ballot, including, without 1
limitation: 2
(a) The deadline for returning a mail ballot by mail or 3
personal delivery; and 4
(b) The deadline and process for a registered voter to cure any 5
defect with the voter’s signature on the mail ballot pursuant to 6
NRS 293C.26327. 7
The procedures established pursuant to this subsection must 8
not conflict with the provisions of this section and NRS 293C.263 9
to 293C.26337, inclusive, and section 11 of this act. 10
2. Each city clerk shall provide training to election board 11
officers and employees of the elections division of the city on the 12
requirements for processing and counting mail ballots, including, 13
without limitation, the process for allowing a registered voter to 14
cure any defect with the registered voter’s signature on the mail 15
ballot. 16
Sec. 11. 1. After each city election, the city clerk shall 17
submit a report to the Secretary of State regarding mail ballots 18
that includes, without limitation: 19
(a) The number of mail ballots that were sent to registered 20
voters; 21
(b) The number of mail ballots that were returned by 22
registered voters; 23
(c) The number of mail ballots that were returned to the city 24
clerk by mail or personal delivery; 25
(d) The number of mail ballots that were returned without the 26
signature of the registered voter or that contained a defect in the 27
signature; 28
(e) The number of registered voters who were contacted by the 29
city clerk to cure a missing or defective signature; and 30
(f) The total number of mail ballots that were counted in the 31
city election. 32
2. The Secretary of State shall compile the information 33
received pursuant to subsection 1 from each city clerk and submit 34
a summary to the Director of the Legislative Counsel Bureau for 35
transmittal to the Legislature or, if the Legislature is not in 36
session, to the Legislative Commission. 37
Sec. 12. NRS 293C.26314 is hereby amended to read as 38
follows: 39
293C.26314 1. Except as otherwise provided in subsection 2, 40
if a person applied by mail or computer to register to vote, or 41
preregistered to vote by mail or computer and is subsequently 42
deemed to be registered to vote, and the person has not previously 43
voted in any election for federal office in this State, the city clerk 44
must inform the person that he or she must include a copy of the 45
– 10 –
- *AB178*
information required in paragraph (b) of subsection 1 of NRS 1
293.2725 in the return envelope with the mail ballot. 2
2. The provisions of subsection 1 do not apply to a person who: 3
(a) Registers to vote by mail or computer, or preregisters to vote 4
by mail or computer and is subsequently deemed to be registered to 5
vote, and submits with his or her application to preregister or 6
register to vote: 7
(1) A copy of a current and valid photo identification; or 8
(2) A copy of a current utility bill, bank statement, paycheck 9
or document issued by a governmental entity, including a check 10
which indicates the name and address of the person, but not 11
including a voter registration card; 12
(b) Registers to vote by mail or computer and submits with his 13
or her application to register to vote a driver’s license number or at 14
least the last four digits of his or her social security number, if a 15
state or local election official has matched that information with an 16
existing identification record bearing the same number, name and 17
date of birth as provided by the person in the application; 18
(c) Registers to vote pursuant to NRS 293.5768 to 293.57699, 19
inclusive, and at that time presents to the automatic voter 20
registration agency: 21
(1) A copy of a current and valid photo identification; 22
(2) A copy of a current utility bill, bank statement, paycheck 23
or document issued by a governmental entity, including a check 24
which indicates the name and address of the person, but not 25
including a voter registration card; or 26
(3) A driver’s license number or at least the last four digits of 27
his or her social security number, if a state or local election official 28
has matched that information with an existing identification record 29
bearing the same number, name and date of birth as provided by the 30
person in the application; 31
(d) Is entitled to vote pursuant to the provisions of chapter 293D 32
of NRS or the Uniformed and Overseas Citizens Absentee Voting 33
Act, 52 U.S.C. §§ 20301 et seq.; 34
(e) Is provided the right to vote otherwise than in person 35
pursuant to the provisions of the Voting Accessibility for the Elderly 36
and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or 37
(f) Is entitled to vote otherwise than in person pursuant to the 38
provisions of any other federal law. 39
3. If a person fails to provide the identification required 40
pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 41
or her mail ballot: 42
(a) The mail ballot must be treated as a provisional ballot; and 43
(b) The city clerk must: 44
(1) Contact the person; 45
– 11 –
- *AB178*
(2) Allow the person to provide the identification required 1
before 5 p.m. on the [sixth] third day following the election; and 2
(3) If the identification required pursuant to paragraph (b) of 3
subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is 4
delivered to the appropriate mail ballot central counting board. 5
Sec. 13. NRS 293C.26321 is hereby amended to read as 6
follows: 7
293C.26321 1. Except as otherwise provided in [subsection 2 8
and] chapter 293D of NRS, in order for a mail ballot to be counted 9
for any election, before the close of business of the office of the 10
city clerk on the day of the election, the mail ballot must be: 11
(a) [Before the time set for closing of the polls, delivered] 12
Delivered by hand to the city clerk [,] or any ballot drop box 13
established in the city [,] pursuant to this section; or 14
(b) [Mailed to] Received by mail by the city clerk . [, and: 15
(1) Postmarked on or before the day of the election; and 16
(2) Received by the clerk not later than 5 p.m. on the fourth 17
day following the election.] 18
2. [If a mail ballot is received by mail not later than 5 p.m. on 19
the third day following the election and the date of the postmark 20
cannot be determined, the mail ballot shall be deemed to have been 21
postmarked on or before the day of the election. 22
3.] Each city clerk must establish a ballot drop box at every 23
polling place in the city, including, without limitation, a polling 24
place for early voting. A city clerk may establish a drop box at any 25
other location in the city where mail ballots can be delivered by 26
hand and collected during the period for early voting and on election 27
day. No person other than a clerk may establish a drop box for mail 28
ballots. 29
[4.] 3. A ballot drop box must be: 30
(a) Constructed of metal or any other rigid material of sufficient 31
strength and resistance to protect the security of the mail ballots; and 32
(b) Capable of securely receiving and holding the mail ballots 33
and being locked. 34
[5.] 4. A ballot drop box must be: 35
(a) Placed in an accessible and convenient location at the office 36
of the city clerk, or a polling place in the city; and 37
(b) Made available for use during the hours when the office of 38
the city clerk, or the polling place, is open for business or voting, as 39
applicable [.] , except that on election day, the ballot drop box must 40
not be available after the close of business of the office of the city 41
clerk. 42
– 12 –
- *AB178*
Sec. 14. NRS 293C.26323 is hereby amended to read as 1
follows: 2
293C.26323 1. Except as otherwise provided in subsection 2, 3
at the request of a voter whose mail ballot has been prepared by or 4
on behalf of the voter, a person authorized by the voter may return 5
the mail ballot on behalf of the voter by mail or personal delivery to 6
the city clerk, or any ballot drop box established in the city, pursuant 7
to NRS 293C.26321. 8
2. Except for an election board officer in the course of the 9
election board officer’s official duties, a person shall not willfully: 10
(a) Impede, obstruct, prevent or interfere with the return of a 11
voter’s mail ballot; 12
(b) Deny a voter the right to return the voter’s mail ballot; or 13
(c) If the person receives the voter’s mail ballot and 14
authorization to return the mail ballot on behalf of the voter by mail 15
or personal delivery, fail to return the mail ballot [, unless otherwise 16
authorized by the voter,] by mail or personal delivery [: 17
(1) Before the end of the third day after the day of receipt, if 18
the person receives the mail ballot from the voter four or more days 19
before the day of the election; or 20
(2) Before the deadline established by the United States 21
Postal Service for the mail ballot to be postmarked on the day of the 22
election or before the polls close on the day of the election, as 23
applicable to the type of delivery, if the person receives the mail 24
ballot from the voter three or fewer days before the day of the 25
election.] so that the mail ballot is received by the city clerk before 26
the close of business of the office of the city clerk on the day of the 27
election. 28
3. A person who violates any provision of subsection 2 is 29
guilty of a category E felony and shall be punished as provided in 30
NRS 193.130. 31
Sec. 15. NRS 293C.26325 is hereby amended to read as 32
follows: 33
293C.26325 1. The city clerk shall establish procedures for 34
the fair and efficient processing and counting of mail ballots. 35
2. The procedures established pursuant to subsection 1: 36
(a) May authorize mail ballots to be processed, verified and 37
counted by computer or other electronic means; and 38
(b) Must not conflict with the provisions of NRS 293C.263 to 39
293C.26337, inclusive. 40
Sec. 16. NRS 293C.26327 is hereby amended to read as 41
follows: 42
293C.26327 1. Except as otherwise provided in NRS 43
293D.200, when a mail ballot is returned by or on behalf of a voter 44
to the city clerk, and a record of its return is made in the mail ballot 45
– 13 –
- *AB178*
record for the election, the clerk or an employee in the office of 1
the clerk shall check the signature used for the mail ballot by 2
electronic means pursuant to subsection 2 or manually pursuant to 3
subsection 3. 4
2. To check the signature used for a mail ballot by electronic 5
means: 6
(a) The electronic device must take a digital image of the 7
signature used for the mail ballot and electronically compare the 8
digital image with the signatures of the voter from his or her 9
application to register to vote or application to preregister to vote 10
available in the records of the city clerk. 11
(b) If the electronic device does not match the signature of the 12
voter, the signature shall be reviewed manually pursuant to the 13
provisions of subsection 3. 14
3. To check the signature used for a mail ballot manually, the 15
city clerk shall use the following procedure: 16
(a) The clerk or employee shall check the signature used for the 17
mail ballot against all signatures of the voter available in the records 18
of the clerk. 19
(b) If at least two employees in the office of the clerk believe 20
there is a reasonable question of fact as to whether the signature 21
used for the mail ballot matches the signature of the voter, the clerk 22
shall contact the voter and ask the voter to confirm whether the 23
signature used for the mail ballot belongs to the voter. 24
4. For purposes of subsection 3: 25
(a) There is a reasonable question of fact as to whether the 26
signature used for the mail ballot matches the signature of the voter 27
if the signature used for the mail ballot differs in multiple, 28
significant and obvious respects from the signatures of the voter 29
available in the records of the clerk. 30
(b) There is not a reasonable question of fact as to whether the 31
signature used for the mail ballot matches the signature of the voter 32
if: 33
(1) The signature used for the mail ballot is a variation of the 34
signature of the voter caused by the substitution of initials for the 35
first or middle name, the substitution of a different type of 36
punctuation in the first, middle or last name, the use of a common 37
nickname or the use of one last name for a person who has two last 38
names and it does not otherwise differ in multiple, significant and 39
obvious respects from the signatures of the voter available in the 40
records of the clerk; or 41
(2) There are only slight dissimilarities between the signature 42
used for the mail ballot and the signatures of the voter available in 43
the records of the clerk. 44
– 14 –
- *AB178*
5. Except as otherwise provided in subsection 6, if the clerk 1
determines that the voter is entitled to cast the mail ballot, the clerk 2
shall deposit the mail ballot in the proper ballot box or place the 3
mail ballot, unopened, in a container that must be securely locked or 4
under the control of the clerk at all times. The clerk shall deliver the 5
mail ballots to the mail ballot central counting board to be processed 6
and prepared for counting. 7
6. If the clerk determines when checking the signature used for 8
the mail ballot that the voter failed to affix his or her signature or 9
failed to affix it in the manner required by law for the mail ballot or 10
that there is a reasonable question of fact as to whether the signature 11
used for the mail ballot matches the signature of the voter, but the 12
voter is otherwise entitled to cast the mail ballot, the clerk shall 13
contact the voter and advise the voter of the procedures to provide a 14
signature or a confirmation that the signature used for the mail ballot 15
belongs to the voter, as applicable. For the mail ballot to be counted, 16
the voter must provide a signature or a confirmation, as applicable, 17
not later than 5 p.m. on the [sixth] third day following the election. 18
7. The clerk shall prescribe procedures for a voter who failed to 19
affix his or her signature or failed to affix it in the manner required 20
by law for the mail ballot, or for whom there is a reasonable 21
question of fact as to whether the signature used for the mail ballot 22
matches the signature of the voter, in order to: 23
(a) Contact the voter; 24
(b) Allow the voter to provide a signature or a confirmation that 25
the signature used for the mail ballot belongs to the voter, as 26
applicable; and 27
(c) After a signature or a confirmation is provided, as applicable, 28
ensure the mail ballot is delivered to the mail ballot central counting 29
board. 30
8. If there is a reasonable question of fact as to whether the 31
signature used for the mail ballot matches the signature of the voter, 32
the voter must be identified by: 33
(a) Answering questions from the city clerk covering the 34
personal data which is reported on the application to register to vote; 35
(b) Providing the city clerk, orally or in writing, with other 36
personal data which verifies the identity of the voter; or 37
(c) Providing the city clerk with proof of identification as 38
described in NRS 293C.270 other than the voter registration card 39
issued to the voter. 40
9. The procedures established pursuant to subsection 7 for 41
contacting a voter must require the clerk to contact the voter, as 42
soon as possible after receipt of the mail ballot, by: 43
(a) Mail; 44
– 15 –
- *AB178*
(b) Telephone, if a telephone number for the voter is available in 1
the records of the clerk; and 2
(c) Electronic means, which may include, without limitation, 3
electronic mail, if the voter has provided the clerk with sufficient 4
information to contact the voter by such means. 5
Sec. 17. The provisions of subsection 1 of NRS 218D.380 do 6
not apply to any provision of this act which adds or revises a 7
requirement to submit a report to the Legislature. 8
Sec. 18. The provisions of NRS 354.599 do not apply to any 9
additional expenses of a local government that are related to the 10
provisions of this act. 11
Sec. 19. 1. This section and sections 17 and 18 of this act 12
become effective upon passage and approval. 13
2. Sections 1 to 16, inclusive, of this act become effective: 14
(a) Upon passage and approval for the purpose of adopting any 15
regulations and performing any other preparatory administrative 16
tasks that are necessary to carry out the provisions of this act; and 17
(b) On January 1, 2026, for all other purposes. 18
H