A.B. 228
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ASSEMBLY BILL NO. 228–ASSEMBLYMEMBER DICKMAN
FEBRUARY 6, 2025
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-100)
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; establishing procedures for the use of
absent ballots in an election; requiring, with certain
exceptions, proof of identity for voting in person;
requiring the Department of Motor Vehicles, under
certain circumstances, to issue identification cards at no
charge; requiring a voter to include certain personal
identifying information with his or her absent ballot;
prohibiting, with certain exceptions, a person from
returning an absent ballot on behalf of a voter; repealing
provisions that require county and city clerks to prepare
and distribute mail ballots to certain registered voters for
every election; repealing provisions relating to voting,
collecting, verifying and counting mail ballots; providing
penalties; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law requires, under certain circumstances, that a person provide 1
certain information to vote in person which may include, depending on the 2
circumstances, proof of residency and identity, answering questions covering the 3
personal data of the voter or providing additional personal data. (NRS 293.2725, 4
293.277, 293.285, 293.303, 293.3075, 293.3081, 293.3082, 293.3085, 293.3585, 5
293.541, 293C.270, 293C.275, 293C.292, 293C.3035, 293C.3585) Sections 40, 42, 6
44, 45, 48, 53, 111, 113, 114, 117 and 120 of this bill require, with certain 7
exceptions, that a person provide one of the forms of proof of identity specified in 8
section 4 of this bill to vote in person. Section 46 of this bill requires the Secretary 9
of State and each county and city clerk to ensure that instructions concerning the 10
proof of identity required to vote are posted at each polling place. Sections 29, 31, 11
43, 52, 63-72, 107, 112 and 118 of this bill make various conforming changes to 12
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existing provisions to reflect the requirement to provide proof of identity to vote in 13
person. 14
Sections 27 and 28 of this bill: (1) require the Department of Motor Vehicles 15
to issue an identification card, free of charge, to a registered voter who does not 16
possess one of the acceptable forms of proof of identity and who is experiencing 17
financial hardship; and (2) require the registered voter to submit certain information 18
with an application for the identification card. Section 131 of this bill makes 19
conforming changes to reflect that such an identification card must be issued free of 20
charge. 21
Sections 47 and 115 of this bill provide that a person applying to vote whose 22
identity has been challenged must furnish proof of identity in response to such a 23
challenge. 24
Section 49 of this bill authorizes, under certain circumstances, a person who 25
fails to provide proof of identity when voting in person to cast a provisional ballot. 26
Section 50 of this bill makes conforming changes to the information that must be 27
provided to a person who casts a provisional ballot. Section 51 of this bill provides 28
that the provisional ballot of such a voter must be counted if the person provides 29
proof of identity to the county or city clerk, not later than 5 p.m. on the Friday 30
following election day. 31
Section 74 of this bill clarifies that voting the absent ballot of another person is 32
a category D felony. 33
Existing law establishes procedures for the preparation and distribution of mail 34
ballots to each active registered voter for every election, as well as procedures for 35
voting, returning, verifying, and counting the mail ballots. (NRS 293.269911-36
293.269937, 293C.263-293C.26337) Section 132 of this bill repeals these 37
provisions. Sections 5-26 and 80-103 of this bill set forth the process for 38
requesting, voting, returning, verifying and counting absent ballots. Sections 30, 39
32-34, 36, 39, 54-62, 73, 76-78, 105, 106, 108-110, 116, 119 and 121-130 of this 40
bill make conforming changes to incorporate absent ballots into the relevant 41
provisions of Nevada Revised Statutes relating to elections. The provisions of this 42
bill relating to absent ballots are modeled after similar provisions of law that 43
existed before the Legislature enacted provisions relating to mail ballots in the 81st 44
session of the Legislature. 45
Existing law provides that a mail ballot that is mailed to the county or city clerk 46
must be postmarked on or before the day of the election. (NRS 293.269921, 47
293C.26321) Sections 16 and 91 of this bill provide that an absent ballot that is 48
mailed to the county or city clerk must be postmarked at least 3 days before the day 49
of the election. 50
Existing law provides that a person authorized by a voter may return a mail 51
ballot on behalf of the voter. (NRS 293.269923, 293C.26323) Sections 20 and 97 52
of this bill instead provide that, with certain exceptions, only the voter or, with the 53
authorization of the voter, a member of the immediate family of the voter may 54
return an absent ballot on behalf of the voter. Sections 20 and 97 also prohibit a 55
person from returning more than two absent ballots on behalf of a member of his or 56
her immediate family. 57
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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 to 28, inclusive, of this 2
act. 3
Sec. 2. “Absent ballot” means a ballot voted by a person who 4
expects to be or is absent from the polling place for his or her 5
precinct or district on election day. 6
Sec. 3. “Absent voter” means a registered voter who has 7
received or who has voted an absent ballot. 8
Sec. 4. “Proof of identity” means any of the following forms 9
of identification which show the name of and contain a 10
recognizable photograph of the person to whom the identification 11
is issued: 12
1. A driver’s license or identification card issued by the 13
Department of Motor Vehicles. 14
2. An identification card issued by: 15
(a) This State or another state, the District of Columbia or any 16
territory of the United States; 17
(b) The United States Government; 18
(c) A college or university within the Nevada System of Higher 19
Education; or 20
(d) A public technical school in this State. 21
3. An employee identification card issued by this State, an 22
agency or political subdivision, thereof, or the United States 23
Government. 24
4. A passport issued by the United States Government. 25
5. A military identification card issued by any branch of the 26
Armed Forces of the United States. 27
6. An identification card issued by a federally recognized 28
Indian tribe. 29
7. A permit to carry a concealed firearm issued pursuant to 30
the provisions of NRS 202.3653 to 202.369, inclusive, 31
which is, except as otherwise provided by specific statute, 32
current or expired for less than 4 years or, if the holder is 70 years 33
of age or older, current or expired for any length of time. 34
Sec. 5. 1. When it appears to the satisfaction of the county 35
clerk that an absent ballot central counting board will expedite the 36
work of tallying the absent ballot vote of the county, the county 37
clerk may appoint such a board. 38
2. In counties where an absent ballot central counting board 39
has been appointed, no central election board may be appointed. 40
The absent ballot central counting board shall perform the duties 41
of the central election board. 42
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Sec. 6. 1. An absent ballot central counting board consists 1
of election board officers appointed in such numbers as the county 2
clerk determines to be required by the volume of absent ballots 3
requested. 4
2. The county clerk’s deputies who perform duties in 5
connection with elections shall be deemed officers of the absent 6
ballot central counting board. 7
3. When requested by the county clerk, the sheriff shall 8
appoint a deputy sheriff to keep order during the counting of the 9
absent ballot votes by the absent ballot central counting board. 10
4. The absent ballot central counting board is under the 11
direction of the county clerk. 12
Sec. 7. An absent ballot must be voted: 13
1. On a paper ballot; or 14
2. By any other system authorized by state or federal law. 15
Sec. 8. As used in sections 8 to 15, inclusive, of this act, 16
“sufficient written notice” means a: 17
1. Written request for an absent ballot that is signed by the 18
registered voter and returned to the county clerk in person or by 19
mail or approved electronic transmission; 20
2. Form prescribed by the Secretary of State that is completed 21
and signed by the registered voter and returned to the county clerk 22
in person or by mail or by approved electronic transmission; or 23
3. Form provided by the Federal Government. 24
Sec. 9. 1. The county clerk of each county shall prepare an 25
absent ballot for the use of registered voters who have requested 26
absent ballots. The county clerk shall make reasonable 27
accommodations for the use of the absent ballot by a person who 28
is elderly or disabled, including, without limitation, by providing, 29
upon request, the absent ballot in 12-point type to a person who is 30
elderly or disabled. 31
2. The ballot must be prepared and ready for distribution to: 32
(a) Each registered voter who: 33
(1) Resides within the State, not later than 20 days before 34
the election in which it is to be used; and 35
(2) Except as otherwise provided in paragraph (b), resides 36
outside the State, not later than 40 days before a primary election, 37
presidential preference primary election or general election, if 38
possible. 39
(b) Each covered voter who is entitled to have a military 40
overseas ballot transmitted pursuant to the provisions of chapter 41
293D of NRS or the Uniformed and Overseas Citizens Absentee 42
Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time 43
required by those provisions. 44
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3. Any untimely legal action which would prevent the ballot 1
from being distributed to any voter pursuant to subsection 2 is 2
moot and of no effect. 3
Sec. 10. 1. A person who, during the 6 months immediately 4
preceding an election, distributes to more than a total of 500 5
registered voters a form to request an absent ballot for the election 6
shall: 7
(a) Distribute the form prescribed by the Secretary of State, 8
which must, in 14-point type or larger at the top of the first page of 9
the form: 10
(1) Identify the person who is distributing the form; and 11
(2) Include the following notice stating, with the first 12
sentence of the notice in bold type: 13
14
This is not an official elections notice from the Secretary 15
of State or your county or city clerk. This is a form to 16
request an absent ballot that you may submit to your county 17
or city clerk if you want to vote by absent ballot. However, 18
even if you want to vote by absent ballot, you do not need to 19
submit this form if you have already requested an absent 20
ballot for this election year or are already entitled to receive 21
an absent ballot for all elections. 22
23
(b) Not later than 28 days before distributing such a form, 24
provide to the county clerk of each county to which a form will be 25
distributed written notification of the approximate number of 26
forms to be distributed to voters in the county and of the first date 27
on which the forms will be distributed. 28
(c) Not return or offer to return to a county clerk a form that 29
was mailed to a registered voter pursuant to this subsection. 30
(d) Not mail such a form later than 35 days before the election. 31
2. The provisions of this section do not authorize a person to 32
vote by absent ballot if the person is not otherwise eligible to vote 33
by absent ballot. 34
Sec. 11. 1. Except as otherwise provided in chapter 293D of 35
NRS and section 20 of this act, a registered voter who requests and 36
receives an absent ballot may vote only by absent ballot at the 37
election for which the absent ballot was issued. 38
2. If a registered voter has requested an absent ballot and the 39
absent ballot has been mailed or issued, the county clerk shall 40
notify the appropriate election board that the registered voter has 41
requested an absent ballot. 42
Sec. 12. 1. Except as otherwise provided in subsection 2, 43
NRS 293.272 and 293.502 and sections 14 and 15 of this act, a 44
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registered voter may request an absent ballot if, before 5 p.m. on 1
the 14th calendar day preceding the election, the registered voter: 2
(a) Provides sufficient written notice to the county clerk; and 3
(b) Has identified himself or herself to the satisfaction of the 4
county clerk. 5
2. A registered voter with a disability may use the system for 6
approved electronic transmission established by the Secretary of 7
State pursuant to subsection 2 of NRS 293D.200 to request an 8
absent ballot in accordance with NRS 293.269951. 9
3. A registered voter may request an absent ballot for all 10
elections held during the year he or she requests an absent ballot. 11
4. A county clerk shall consider a request from a registered 12
voter who has given sufficient written notice on a form provided 13
by the Federal Government as a request for an absent ballot for 14
the primary election, presidential preference primary election and 15
general election immediately following the date on which the 16
county clerk received the request. 17
5. It is unlawful for a person fraudulently to request an 18
absent ballot in the name of another person or to induce or coerce 19
another person fraudulently to request an absent ballot in the 20
name of another person. A person who violates this subsection is 21
guilty of a category E felony and shall be punished as provided in 22
NRS 193.130. 23
Sec. 13. 1. Every request for an absent ballot must be made 24
available for public inspection. 25
2. A county clerk who allows a person to copy information 26
from an application for an absent ballot is immune from any civil 27
or criminal liability for any damage caused by the distribution of 28
that information, unless the county clerk knowingly and willingly 29
allows a person who intends to use the information to further an 30
unlawful act to copy such information. 31
Sec. 14. 1. Any registered voter who is unable to go to the 32
polls: 33
(a) Because of an illness or disability resulting in confinement 34
in a hospital, sanatorium, dwelling or nursing home; or 35
(b) Because the registered voter is suddenly hospitalized, 36
becomes seriously ill or is called away from home after the time 37
has elapsed for requesting an absent ballot for the election 38
pursuant to subsection 1 of section 12 of this act, 39
may submit a written request to the county clerk for an absent 40
ballot. The request must be submitted before 5 p.m. on the day of 41
the election. 42
2. If the county clerk determines that a request submitted 43
pursuant to subsection 1 includes the information required 44
pursuant to subsection 3, the county clerk shall, at the office of the 45
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county clerk, deliver an absent ballot to the person designated in 1
the request to obtain the absent ballot for the registered voter. 2
3. A written request submitted pursuant to subsection 1 must 3
include: 4
(a) The name, address and signature of the registered voter 5
requesting the absent ballot; 6
(b) The name, address and signature of the person designated 7
by the registered voter to obtain, deliver and return the absent 8
ballot for the registered voter; 9
(c) A brief statement of the illness or disability of the registered 10
voter or of facts sufficient to establish that the registered voter was 11
called away from home after the time had elapsed for requesting 12
the absent ballot; 13
(d) If the registered voter is confined in a hospital, sanatorium, 14
dwelling or nursing home, a statement that he or she will be 15
confined therein on the day of the election; and 16
(e) Unless the person designated pursuant to paragraph (b) 17
will mark and sign the absent ballot on behalf of the registered 18
voter pursuant to subsection 5, a statement signed under penalty 19
of perjury that only the registered voter will mark and sign the 20
absent ballot. 21
4. Except as otherwise provided in subsection 5, in order to 22
vote the absent ballot, the registered voter must, in accordance 23
with the instructions: 24
(a) Mark and fold the absent ballot; 25
(b) Deposit the absent ballot in the return envelope and seal 26
the return envelope; 27
(c) Affix his or her signature on the return envelope in the 28
space provided for the signature; 29
(d) Write in the space provided on the return envelope one of 30
the following: 31
(1) The last four digits of his or her driver’s license number 32
issued by the Department of Motor Vehicles; 33
(2) If the voter does not have a driver’s license number 34
issued by the Department of Motor Vehicles, the last four digits of 35
his or her social security number; or 36
(3) If the voter does not have a driver’s license number 37
issued by the Department of Motor Vehicles or a social security 38
number, the identification number issued by the county clerk 39
pursuant to NRS 293.507. 40
(e) Close the attached flap over the signature and identifying 41
numbers written on the return envelope; and 42
(f) Mail or deliver the return envelope in a manner authorized 43
by law. 44
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5. A person designated in a request submitted pursuant to 1
subsection 3 may, on behalf of and at the direction of the 2
registered voter, mark and sign the absent ballot. If the person 3
marks and signs the absent ballot, the person must: 4
(a) Indicate next to his or her signature that the absent ballot 5
has been marked and signed on behalf of the registered voter; and 6
(b) Submit a written statement with the absent ballot that 7
includes the name, address and signature of the person. 8
6. An absent ballot prepared by or on behalf of the registered 9
voter pursuant to this section must be mailed or delivered to the 10
county clerk in accordance with section 16 of this act. 11
7. The procedure authorized by this section is subject to all 12
other provisions of this chapter relating to voting by absent ballot 13
to the extent that those provisions are not inconsistent with the 14
provisions of this section. 15
Sec. 15. 1. A registered voter who provides sufficient 16
written notice to the appropriate county clerk may request that the 17
registered voter receive an absent ballot for all elections at which 18
the registered voter is eligible to vote. 19
2. Except as otherwise provided in subsection 4, upon receipt 20
of a request submitted by a registered voter pursuant to subsection 21
1, the county clerk shall: 22
(a) Issue an absent ballot to the registered voter for each 23
primary election, presidential preference primary election, general 24
election and special election other than a special city election that 25
is conducted after the date the written statement is submitted to the 26
county clerk. 27
(b) Inform the applicable city clerk of receipt of the written 28
statement. Upon receipt of the notice from the county clerk, the 29
city clerk shall issue an absent ballot for each primary city 30
election, general city election and special city election that is 31
conducted after the date the city clerk receives notice from the 32
county clerk. 33
3. If, at the direction of a registered voter with a physical 34
disability or who is at least 65 years of age, a person: 35
(a) Marks and signs an absent ballot issued to the registered 36
voter pursuant to the provisions of this section on behalf of the 37
registered voter, the person must: 38
(1) Indicate next to his or her signature that the ballot has 39
been marked and signed on behalf of the registered voter; and 40
(2) Submit a written statement with the absent ballot that 41
includes the name, address and signature of the person. 42
(b) Assists the registered voter to mark and sign an absent 43
ballot issued to the registered voter pursuant to the provisions of 44
this section, the person or registered voter must submit a written 45
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statement with the absent ballot that includes the name, address 1
and signature of the person. 2
4. A county clerk may not mail an absent ballot requested by 3
a registered voter pursuant to subsection 1 if, after the request is 4
submitted: 5
(a) The registered voter is designated inactive pursuant to 6
NRS 293.530; 7
(b) The county clerk cancels the registration of the person 8
pursuant to NRS 293.530, 293.535 or 293.540; or 9
(c) An absent ballot is returned to the county clerk as 10
undeliverable, unless the registered voter has submitted a new 11
request pursuant to subsection 1. 12
5. The procedure authorized pursuant to this section is 13
subject to all other provisions of this chapter relating to voting by 14
absent ballot to the extent that those provisions are not 15
inconsistent with the provisions of this section. 16
Sec. 16. 1. Except as otherwise provided in subsection 2, 17
absent ballots must be: 18
(a) Delivered by hand to the county clerk before the time set 19
for closing of the polls pursuant to NRS 293.273; or 20
(b) Mailed to the county clerk, and: 21
(1) Postmarked at least 3 days before the day of the 22
election; and 23
(2) Received by the county clerk within the period for the 24
counting of absent ballots pursuant to subsection 2 of section 21 25
of this act. 26
2. If an absent ballot is received not more than 3 days after 27
the day of the election and the date of the postmark cannot be 28
determined, the absent ballot shall be deemed to have been 29
postmarked at least 3 days before the day of the election. 30
Sec. 17. The county clerk shall determine before issuing an 31
absent ballot that the person who requested the absent ballot is a 32
registered voter in the proper county. 33
Sec. 18. 1. Except as otherwise provided in subsection 2 34
and chapter 293D of NRS, if the request for an absent ballot is 35
properly made, the county clerk shall, as soon as the absent ballot 36
for the precinct or district in which the voter resides has been 37
prepared pursuant to section 9 of this act, send to the voter by 38
first-class mail, or by any class of mail if the Official Election 39
Mail logo or an equivalent logo or mark created by the United 40
States Postal Service is properly placed on the absent ballot: 41
(a) An absent ballot; 42
(b) A return envelope, which must include, without limitation, 43
a flap to cover the signature and identifying numbers of the voter 44
required to be written on the return envelope; 45
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(c) An envelope or similar device into which the ballot is 1
inserted to ensure its secrecy; 2
(d) An identification envelope, if applicable; and 3
(e) Instructions. 4
2. If the county clerk fails to send an absent ballot pursuant 5
to subsection 1 to a voter who resides within the continental 6
United States, the county clerk may use approved electronic 7
transmission to send an absent ballot and instructions to the voter. 8
The voter may mail or deliver the absent ballot to the county clerk 9
in a manner authorized by law or submit the absent ballot by 10
approved electronic transmission. 11
3. The return envelope sent pursuant to subsection 1 must 12
include postage prepaid by first-class mail if the absent voter is 13
within the boundaries of the United States, its territories or 14
possessions or on a military base. 15
4. Nothing may be enclosed or sent with an absent ballot 16
except as required by subsection 1 or 2 and chapter 293D of NRS. 17
5. Before depositing an absent ballot in the mail or sending 18
an absent ballot by approved electronic transmission, the county 19
clerk shall record: 20
(a) The date the absent ballot is issued; 21
(b) The name of the absent voter to whom the absent ballot is 22
issued, his or her precinct or district and his or her political 23
affiliation, if any, unless all the offices on the absent ballot are 24
nonpartisan offices; 25
(c) The number of the absent ballot; and 26
(d) Any remarks the county clerk finds appropriate. 27
6. The Secretary of State shall adopt regulations to carry out 28
the provisions of subsection 2. 29
Sec. 19. 1. Except as otherwise provided in NRS 30
293.269951 and 293D.200, when an absent ballot is returned by 31
an absent voter to the county clerk through the mail, by facsimile 32
machine or other approved electronic transmission or in person, 33
and record of its return is made in the absent ballot record for the 34
election, the county clerk or an employee in the office of the 35
county clerk shall: 36
(a) Except as otherwise provided in paragraph (b), verify that 37
the last four digits of the driver’s license number or social security 38
number, as applicable, written on the return envelope match the 39
information of the voter in the records of the county clerk; 40
(b) If the voter has written the identification number issued by 41
the county clerk pursuant to NRS 293.507, verify that the 42
identification number matches the information of the voter in the 43
records of the county clerk; and 44
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(c) Check the signature used for the absent ballot against all 1
signatures of the absent voter available in the records of the 2
county clerk. 3
2. Except as otherwise provided in subsection 3, if the county 4
clerk determines pursuant to subsection 1 that the absent voter is 5
entitled to cast the absent ballot and: 6
(a) No absent ballot central counting board has been 7
appointed, the county clerk shall neatly stack, unopened, the 8
absent ballot with any other absent ballot received that day in a 9
container and deliver, or cause to be delivered, that container to 10
the appropriate election board. 11
(b) An absent ballot central counting board has been 12
appointed, the county clerk shall deposit the absent ballot in the 13
proper ballot box or place the absent ballot, unopened, in a 14
container that must be securely locked or under the control of the 15
county clerk at all times. At the end of each day before election 16
day, the county clerk may remove the absent ballots from each 17
ballot box, neatly stack the absent ballots in a container and seal 18
the container with a numbered seal. Not earlier than 4 working 19
days before the election, the county clerk shall deliver the absent 20
ballots to the absent ballot central counting board to be processed 21
and prepared for counting pursuant to the procedures established 22
by the Secretary of State to ensure the confidentiality of the 23
prepared ballots until after the polls have closed pursuant to NRS 24
293.273 or 293.305. 25
3. If the county clerk determines when checking the signature 26
of the absent voter pursuant to subsection 1 that the absent voter 27
did not include the necessary information or sign the return 28
envelope but is otherwise entitled to cast the absent ballot, the 29
county clerk shall contact the absent voter and advise the voter of 30
the procedures to provide the necessary information or a 31
signature. For the absent ballot to be counted, the absent voter 32
must provide a signature within the period for the counting of 33
absent ballots pursuant to subsection 2 of section 21 of this act. 34
Sec. 20. 1. Except as otherwise provided in NRS 35
293.269951, chapter 293D of NRS and subsection 2 of section 18 36
of this act, to vote an absent ballot, the voter must: 37
(a) Mark and fold the absent ballot; 38
(b) Deposit the absent ballot in the return envelope and seal 39
the return envelope; 40
(c) Affix his or her signature on the return envelope in the 41
space provided for the signature; 42
(d) Write in the space provided on the return envelope one of 43
the following: 44
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(1) The last four digits of his or her driver’s license number 1
issued by the Department of Motor Vehicles; 2
(2) If the voter does not have a driver’s license number 3
issued by the Department of Motor Vehicles, the last four digits of 4
his or her social security number; or 5
(3) If the voter does not have a driver’s license number 6
issued by the Department of Motor Vehicles or a social security 7
number, the identification number issued by the county clerk 8
pursuant to NRS 293.507; 9
(e) Close the attached flap over the signature and identifying 10
numbers written on the return envelope; and 11
(f) Mail or deliver the return envelope in a manner authorized 12
by law. 13
2. Except as otherwise provided in subsection 3, if a 14
registered voter who has requested an absent ballot applies to vote 15
the absent ballot in person at: 16
(a) The office of the county clerk, the voter must vote the 17
absent ballot in the same manner as provided in subsection 1, and 18
deliver the envelope to the county clerk. 19
(b) A polling place, including, without limitation, a polling 20
place for early voting, the voter must surrender the absent ballot 21
and provide proof of identity before being issued a ballot to vote at 22
the polling place. A person who receives a surrendered absent 23
ballot shall mark it “Cancelled.” 24
3. If a registered voter who has requested an absent ballot by 25
mail applies to vote in person at the office of the county clerk or a 26
polling place, including, without limitation, a polling place for 27
early voting, and the voter does not have the absent ballot to 28
deliver or surrender, the voter must be issued a ballot to vote if the 29
voter: 30
(a) Provides proof of identity; 31
(b) Is a registered voter who is otherwise entitled to vote; and 32
(c) Signs an affirmation under penalty of perjury on a form 33
prepared by the Secretary of State declaring that the registered 34
voter has not voted during the election. 35
4. Except as otherwise provided in sections 14 and 15 of this 36
act, it is unlawful for any person to return an absent ballot other 37
than the registered voter who requested the absent ballot or, at the 38
request of the voter, a member of the immediate family of the 39
registered voter. A person who returns an absent ballot and who is 40
a member of the immediate family of the registered voter who 41
requested the absent ballot: 42
(a) Shall, under penalty of perjury, indicate on a form 43
prescribed by the county clerk that the person is a member of the 44
immediate family of the registered voter who requested the absent 45
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ballot and that the registered voter requested that the person 1
return the absent ballot; and 2
(b) Shall not return more than two absent ballots belonging to 3
a member of the person’s immediate family for any election. 4
5. A person who violates the provisions of subsection 4 is 5
guilty of a category E felony and shall be punished as provided in 6
NRS 193.130. 7
Sec. 21. 1. Except as otherwise provided in NRS 8
293.269951 and 293D.200, on the day of an election, the election 9
boards receiving the absent ballots from the county clerk shall, 10
in the presence of a majority of the election board officers, remove 11
the absent ballots from the ballot box and the containers in which 12
the absent ballots were transported pursuant to section 19 of this 13
act and deposit the absent ballots in the regular ballot box in the 14
following manner: 15
(a) The name of the absent voter, as shown on the return 16
envelope or approved electronic transmission, must be checked as 17
if the absent voter were voting in person; 18
(b) If the board determines that the absent voter is entitled to 19
cast the absent ballot, the return envelope must be opened, the 20
numbers on the absent ballot and return envelope or approved 21
electronic transmission compared, the number strip or stub 22
detached from the absent ballot, and, if the numbers are the same, 23
the absent ballot deposited in the regular ballot box; and 24
(c) The election board officers shall indicate the roster 25
“Voted” by the name of the absent voter. 26
2. The board must complete the count of all absent ballots on 27
or before the seventh day following the election. 28
Sec. 22. When all absent ballots delivered to the elections 29
boards have been voted or rejected, except as otherwise provided 30
in NRS 293.269951 and 293D.200, the empty envelopes and the 31
envelopes and approved electronic transmissions containing 32
rejected absent ballots must be returned to the county clerk. On all 33
envelopes and approved electronic transmissions containing 34
rejected absent ballots, the cause of rejection must be noted and 35
the envelope or approved electronic transmission and signed by a 36
majority of the election board officers. 37
Sec. 23. 1. In counties in which an absent ballot central 38
counting board is appointed, the county clerk shall provide a 39
ballot box in the county clerk’s office for each different ballot 40
listing in the county. 41
2. On each such box there must appear a statement 42
indicating the precincts and district for which such box has been 43
designated. 44
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3. Except as otherwise provided in NRS 293.269951 and 1
293D.200, each absent ballot voted must be deposited in a ballot 2
box according to the precinct or district of the absent voter voting 3
such absent ballot. 4
Sec. 24. An error in the information included by a registered 5
voter in a form to request an absent ballot does not constitute 6
grounds for rejecting an absent ballot cast by the absent voter. 7
Sec. 25. 1. Not earlier than 4 working days before the 8
election, the counting board, if it is responsible for counting 9
absent ballots, or the absent ballot central counting board shall 10
withdraw all the absent ballots from each ballot box or container 11
that holds absent ballots received before that day and ascertain 12
that each box or container has the required number of absent 13
ballots according to the county clerk’s absent ballot record for the 14
election. 15
2. The counting board or absent ballot central counting 16
board shall count the number of absent ballots in the same 17
manner as election boards. 18
Sec. 26. 1. Each day after the initial withdrawal of the 19
absent ballots pursuant to section 25 of this act and before the day 20
of the election, the counting board, if it is responsible for counting 21
absent ballots, or the absent ballot central counting board shall 22
withdraw from the appropriate ballot boxes or containers all the 23
absent ballots received the previous day and ascertain that each 24
box or container has the required number of absent ballots 25
according to the county clerk’s absent ballot record for the 26
election. 27
2. If any absent ballots are received by the county clerk on 28
election day pursuant to section 14 of this act, the county clerk 29
shall deposit the absent ballots in the appropriate ballot boxes or 30
containers. 31
3. Not earlier than 4 working days before the election, the 32
appropriate board shall, in public, count the votes cast on the 33
absent ballots. 34
4. If paper ballots are used, the results of the absent ballot 35
vote in each precinct must be certified and submitted to the county 36
clerk who shall have the results added to the regular votes of the 37
precinct. The returns of absent ballots must be reported separately 38
from the regular votes of the precinct, unless reporting the returns 39
separately would violate the secrecy of a voter’s ballot. The county 40
clerks shall develop a procedure to ensure that each ballot is kept 41
secret. 42
5. Any person who disseminates to the public in any way 43
information pertaining to the count of absent ballots before the 44
polls close is guilty of a misdemeanor. 45
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Sec. 27. The Department of Motor Vehicles shall issue an 1
identification card at no charge to a person who: 2
1. Is a registered voter of this State; 3
2. Does not possess a form of proof of identity described in 4
section 4 of this act; 5
3. Attests that he or she is experiencing financial hardship; 6
and 7
4. Submits an application pursuant to NRS 483.850 and 8
section 28 of this act. 9
Sec. 28. 1. A person who wishes to obtain an identification 10
card at no charge pursuant to section 27 of this act must, in 11
addition to the requirements of NRS 483.850, submit to the 12
Department of Motor Vehicles: 13
(a) Proof that the applicant is a registered voter of this State; 14
and 15
(b) An attestation that he or she is experiencing financial 16
hardship. 17
2. The Department of Motor Vehicles shall not require a 18
person who submits an application pursuant to this section to 19
provide proof of financial hardship. 20
Sec. 29. NRS 293.010 is hereby amended to read as follows: 21
293.010 As used in this title, unless the context otherwise 22
requires, the words and terms defined in NRS 293.016 to 293.121, 23
inclusive, and sections 2, 3 and 4 of this act have the meanings 24
ascribed to them in those sections. 25
Sec. 30. NRS 293.093 is hereby amended to read as follows: 26
293.093 “Regular votes” means the votes cast by registered 27
voters, except votes cast by: 28
1. [A mail] An absent ballot; 29
2. A provisional ballot pursuant to NRS 293.3078 to 293.3086, 30
inclusive; or 31
3. A provisional ballot pursuant to NRS 293.5772 to 293.5887, 32
inclusive. 33
Sec. 31. NRS 293.177 is hereby amended to read as follows: 34
293.177 1. Except as otherwise provided in NRS 293.165 35
and 293.166, a name may not be printed on a ballot to be used at a 36
primary election unless the person named has filed a declaration of 37
candidacy with the appropriate filing officer and paid the filing fee 38
required by NRS 293.193 not earlier than: 39
(a) For a candidate for judicial office, the first Monday in 40
January of the year in which the election is to be held and not later 41
than 5 p.m. on the second Friday after the first Monday in January; 42
and 43
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(b) For all other candidates, the first Monday in March of the 1
year in which the election is to be held and not later than 5 p.m. on 2
the second Friday after the first Monday in March. 3
2. A declaration of candidacy required to be filed pursuant to 4
this chapter must be in substantially the following form: 5
(a) For partisan office: 6
7
DECLARATION OF CANDIDACY OF ........ FOR THE 8
OFFICE OF ................ 9
10
State of Nevada 11
12
County of ........................ 13
14
For the purpose of having my name placed on the official 15
ballot as a candidate for the ................ Party nomination for 16
the office of ........., I, the undersigned ........, do swear or 17
affirm under penalty of perjury that I actually, as opposed to 18
constructively, reside at .........., in the City or Town of ......., 19
County of .........., State of Nevada; that my actual, as opposed 20
to constructive, residence in the State, district, county, 21
township, city or other area prescribed by law to which the 22
office pertains began on a date at least 30 days immediately 23
preceding the date of the close of filing of declarations of 24
candidacy for this office; that my telephone number is 25
............, and the address at which I receive mail, if different 26
than my residence, is .........; that I am registered as a member 27
of the ................ Party; that I am a qualified elector pursuant 28
to Section 1 of Article 2 of the Constitution of the State of 29
Nevada; that if I have ever been convicted of treason or a 30
felony, my civil rights have been restored; that I have not, in 31
violation of the provisions of NRS 293.176, changed the 32
designation of my political party or political party affiliation 33
on an official application to register to vote in any state since 34
December 31 before the closing filing date for this election; 35
that I generally believe in and intend to support the concepts 36
found in the principles and policies of that political party in 37
the coming election; that if nominated as a candidate of the 38
................ Party at the ensuing election, I will accept that 39
nomination and not withdraw; that I will not knowingly 40
violate any election law or any law defining and prohibiting 41
corrupt and fraudulent practices in campaigns and elections in 42
this State; that I will qualify for the office if elected thereto, 43
including, but not limited to, complying with any limitation 44
prescribed by the Constitution and laws of this State 45
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concerning the number of years or terms for which a person 1
may hold the office; that I understand that knowingly and 2
willfully filing a declaration of candidacy which contains a 3
false statement is a crime punishable as a gross misdemeanor 4
and also subjects me to a civil action disqualifying me from 5
entering upon the duties of the office; and that I understand 6
that my name will appear on all ballots as designated in this 7
declaration. 8
9
........................................................ 10
(Designation of name) 11
12
........................................................ 13
(Signature of candidate for office) 14
15
Subscribed and sworn to before me 16
this ...... day of the month of ...... of the year ...... 17
18
................................................................... 19
Notary Public or other person 20
authorized to administer an oath 21
22
(b) For nonpartisan office: 23
24
DECLARATION OF CANDIDACY OF ........ FOR THE 25
OFFICE OF ................ 26
27
State of Nevada 28
29
County of ........................ 30
31
For the purpose of having my name placed on the official 32
ballot as a candidate for the office of ................, I, the 33
undersigned ................, do swear or affirm under penalty of 34
perjury that I actually, as opposed to constructively, reside at 35
........., in the City or Town of ......., County of ........., State of 36
Nevada; that my actual, as opposed to constructive, residence 37
in the State, district, county, township, city or other area 38
prescribed by law to which the office pertains began on a date 39
at least 30 days immediately preceding the date of the close 40
of filing of declarations of candidacy for this office; that my 41
telephone number is ..........., and the address at which I 42
receive mail, if different than my residence, is ..........; that I 43
am a qualified elector pursuant to Section 1 of Article 2 of the 44
Constitution of the State of Nevada; that if I have ever been 45
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convicted of treason or a felony, my civil rights have been 1
restored; that if nominated as a nonpartisan candidate at the 2
ensuing election, I will accept the nomination and not 3
withdraw; that I will not knowingly violate any election law 4
or any law defining and prohibiting corrupt and fraudulent 5
practices in campaigns and elections in this State; that I will 6
qualify for the office if elected thereto, including, but not 7
limited to, complying with any limitation prescribed by the 8
Constitution and laws of this State concerning the number of 9
years or terms for which a person may hold the office; that I 10
understand that knowingly and willfully filing a declaration 11
of candidacy which contains a false statement is a crime 12
punishable as a gross misdemeanor and also subjects me to a 13
civil action disqualifying me from entering upon the duties of 14
the office; and that I understand that my name will appear on 15
all ballots as designated in this declaration. 16
17
........................................................ 18
(Designation of name) 19
20
........................................................ 21
(Signature of candidate for office) 22
23
Subscribed and sworn to before me 24
this ...... day of the month of ...... of the year ...... 25
26
................................................................... 27
Notary Public or other person 28
authorized to administer an oath 29
30
3. The address of a candidate which must be included in the 31
declaration of candidacy pursuant to subsection 2 must be the street 32
address of the residence where the candidate actually, as opposed to 33
constructively, resides in accordance with NRS 281.050, if one has 34
been assigned. The declaration of candidacy must not be accepted 35
for filing if the candidate fails to comply with the following 36
provisions of this subsection or, if applicable, the provisions of 37
subsection 4: 38
(a) The candidate shall not list the candidate’s address as a post 39
office box unless a street address has not been assigned to his or her 40
residence; and 41
(b) Except as otherwise provided in subsection 4, the candidate 42
shall present to the filing officer: 43
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(1) A valid driver’s license or identification card issued by a 1
governmental agency that contains a photograph of the candidate 2
and the candidate’s residential address; or 3
(2) A current utility bill, bank statement, paycheck, or 4
document issued by a governmental entity, including a check which 5
indicates the candidate’s name and residential address, but not 6
including a voter registration card. 7
4. If the candidate executes an oath or affirmation under 8
penalty of perjury stating that the candidate is unable to present to 9
the filing officer the proof of residency required by subsection 3 10
because a street address has not been assigned to the candidate’s 11
residence or because the rural or remote location of the candidate’s 12
residence makes it impracticable to present the proof of residency 13
required by subsection 3, the candidate shall present to the filing 14
officer: 15
(a) A valid driver’s license or identification card issued by a 16
governmental agency that contains a photograph of the candidate; 17
and 18
(b) Alternative proof of the candidate’s residential address that 19
the filing officer determines is sufficient to verify where the 20
candidate actually, as opposed to constructively, resides in 21
accordance with NRS 281.050. The Secretary of State may adopt 22
regulations establishing the forms of alternative proof of the 23
candidate’s residential address that the filing officer may accept to 24
verify where the candidate actually, as opposed to constructively, 25
resides in accordance with NRS 281.050. 26
5. The filing officer shall retain a copy of the documents and 27
proof of [identity and] residency provided by the candidate pursuant 28
to subsection 3 or 4. Such a copy: 29
(a) May not be withheld from the public; and 30
(b) Must not contain the social security number, driver’s license 31
or identification card number or account number of the candidate. 32
6. By filing the declaration of candidacy, the candidate shall be 33
deemed to have appointed the filing officer for the office as his or 34
her agent for service of process for the purposes of a proceeding 35
pursuant to NRS 293.182. Service of such process must first be 36
attempted at the appropriate address as specified by the candidate in 37
the declaration of candidacy. If the candidate cannot be served at 38
that address, service must be made by personally delivering to and 39
leaving with the filing officer duplicate copies of the process. The 40
filing officer shall immediately send, by registered or certified mail, 41
one of the copies to the candidate at the specified address, unless the 42
candidate has designated in writing to the filing officer a different 43
address for that purpose, in which case the filing officer shall mail 44
the copy to the last address so designated. 45
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7. If the filing officer receives credible evidence indicating that 1
a candidate has been convicted of a felony and has not had his or her 2
civil rights restored, the filing officer: 3
(a) May conduct an investigation to determine whether the 4
candidate has been convicted of a felony and, if so, whether the 5
candidate has had his or her civil rights restored; and 6
(b) Shall transmit the credible evidence and the findings from 7
such investigation to the Attorney General, if the filing officer is the 8
Secretary of State, or to the district attorney, if the filing officer is a 9
person other than the Secretary of State. 10
8. The receipt of information by the Attorney General or 11
district attorney pursuant to subsection 7 must be treated as a 12
challenge of a candidate pursuant to subsections 4 and 5 of NRS 13
293.182 to which the provisions of NRS 293.2045 apply. 14
9. Any person who knowingly and willfully files a declaration 15
of candidacy which contains a false statement in violation of this 16
section is guilty of a gross misdemeanor. 17
Sec. 32. NRS 293.217 is hereby amended to read as follows: 18
293.217 1. The county clerk of each county shall appoint and 19
notify registered voters to act as election board officers for the 20
various polling places in the county as provided in NRS 293.220 to 21
293.227, inclusive, and [NRS 293.269929.] sections 5, 6 and 25 of 22
this act. The registered voters appointed as election board officers 23
for any polling place must not all be of the same political party. No 24
candidate for nomination or election or a relative of the candidate 25
within the second degree of consanguinity or affinity may be 26
appointed as an election board officer. Immediately after election 27
board officers are appointed, if requested by the county clerk, the 28
sheriff shall: 29
(a) Appoint a deputy sheriff for each polling place in the county 30
and for the central election board or the [mail] absent ballot central 31
counting board; or 32
(b) Deputize as a deputy sheriff for the election an election 33
board officer of each polling place in the county and for the central 34
election board or the [mail] absent ballot central counting board. 35
The deputized officer shall receive no additional compensation for 36
services rendered as a deputy sheriff during the election for which 37
the officer is deputized. 38
Deputy sheriffs so appointed and deputized shall preserve order 39
during hours of voting and attend closing of the polls. 40
2. The county clerk may appoint a trainee for the position of 41
election board officer as set forth in NRS 293.2175. 42
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Sec. 33. NRS 293.250 is hereby amended to read as follows: 1
293.250 1. Except as otherwise provided in chapter 293D of 2
NRS, the Secretary of State shall, in a manner consistent with the 3
election laws of this State, prescribe: 4
(a) The form of all ballots, [mail] absent ballots, diagrams, 5
sample ballots, certificates, notices, declarations, applications to 6
preregister and register to vote, lists, applications, registers, rosters, 7
statements and abstracts required by the election laws of this State. 8
(b) The procedures to be followed and the requirements of: 9
(1) The system established by the Secretary of State pursuant 10
to NRS 293.671 for using a computer to register voters. 11
(2) The use of the system of approved electronic 12
transmission established pursuant to NRS 293D.200 by electors and 13
voters with disabilities pursuant to NRS 293.269951. 14
2. Except as otherwise provided in chapter 293D of NRS, the 15
Secretary of State shall prescribe with respect to the matter to be 16
printed on every kind of ballot: 17
(a) The placement and listing of all offices, candidates and 18
measures upon which voting is statewide, which must be uniform 19
throughout the State. 20
(b) The listing of all other candidates required to file with the 21
Secretary of State, and the order of listing all offices, candidates and 22
measures upon which voting is not statewide, from which each 23
county or city clerk shall prepare appropriate ballot forms for use in 24
any election in his or her county. 25
3. The Secretary of State shall place the condensation of each 26
proposed constitutional amendment or statewide measure near the 27
spaces or devices for indicating the voter’s choice. 28
4. The fiscal note for, explanation of, arguments for and 29
against, and rebuttals to such arguments of each proposed 30
constitutional amendment or statewide measure must be included on 31
all sample ballots. 32
5. The condensations and explanations for constitutional 33
amendments and statewide measures proposed by initiative or 34
referendum must be prepared by the Secretary of State, upon 35
consultation with the Attorney General. The arguments and rebuttals 36
for or against constitutional amendments and statewide measures 37
proposed by initiative or referendum must be prepared in the 38
manner set forth in NRS 293.252. The fiscal notes for constitutional 39
amendments and statewide measures proposed by initiative or 40
referendum must be prepared by the Secretary of State, upon 41
consultation with the Fiscal Analysis Division of the Legislative 42
Counsel Bureau. The condensations, explanations, arguments, 43
rebuttals and fiscal notes must be in easily understood language and 44
of reasonable length, and whenever feasible must be completed by 45
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August 1 of the year in which the general election is to be held. The 1
explanations must include a digest. The digest must include a 2
concise and clear summary of any existing laws directly related to 3
the constitutional amendment or statewide measure and a summary 4
of how the constitutional amendment or statewide measure adds to, 5
changes or repeals such existing laws. For a constitutional 6
amendment or statewide measure that creates, generates, increases 7
or decreases any public revenue in any form, the first paragraph of 8
the digest must include a statement that the constitutional 9
amendment or statewide measure creates, generates, increases or 10
decreases, as applicable, public revenue. 11
6. The names of candidates for township and legislative or 12
special district offices must be printed only on the ballots furnished 13
to voters of that township or district. 14
7. A county clerk: 15
(a) May divide paper ballots into two sheets in a manner which 16
provides a clear understanding and grouping of all measures and 17
candidates. 18
(b) Shall prescribe the color or colors of the ballots and voting 19
receipts used in any election which the clerk is required to conduct. 20
Sec. 34. NRS 293.2693 is hereby amended to read as follows: 21
293.2693 If a county or city uses paper ballots, including, 22
without limitation, for [mail] absent ballots, the county or city clerk 23
shall provide a voter education program specific to the voting 24
system used by the county or city. The voter education program 25
must include, without limitation, information concerning the effect 26
of overvoting and the procedures for correcting a vote on a ballot 27
before it is cast and counted and for obtaining a replacement ballot. 28
Sec. 35. NRS 293.2694 is hereby amended to read as follows: 29
293.2694 1. The Secretary of State may enter into one or 30
more contracts for the purchase of all ballots, including, without 31
limitation, [mail] absent ballots, and return envelopes for use in any 32
statewide and local election held in this State pursuant to title 24 of 33
NRS. Such a contract is subject to the provisions of chapter 333 of 34
NRS. 35
2. Each board of county commissioners and governing body of 36
an incorporated city in this State may elect to use the ballots, 37
including, without limitation, [mail] absent ballots, and return 38
envelopes purchased by the Secretary of State in accordance with 39
the contract or contracts entered into pursuant to this section for all 40
statewide and local elections held in a given year in this State 41
pursuant to title 24 of NRS by notifying the Secretary of State in 42
writing not less than 8 months before the date of the presidential 43
preference primary election in a presidential election year or the 44
date of the primary election in any other election year. 45
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3. If a contract or contracts entered into pursuant to this section 1
requires the vendor to distribute [mail] absent ballots on behalf of a 2
county or city clerk, the contract or contracts must require the 3
vendor to deposit the [mail] absent ballots for mailing at a location 4
within this State. 5
Sec. 36. NRS 293.269951 is hereby amended to read as 6
follows: 7
293.269951 1. The Secretary of State shall allow: 8
(a) The following electors to use the system of approved 9
electronic transmission established pursuant to NRS 293D.200 to 10
register to vote in every election where the system of approved 11
electronic transmission is available to a covered voter to register to 12
vote: 13
(1) An elector with a disability; and 14
(2) An elector who is a tribal member and who resides on an 15
Indian reservation or Indian colony. 16
(b) The following registered voters to use the system of 17
approved electronic transmission established pursuant to NRS 18
293D.200 to apply for and cast [a] an absent ballot in every election 19
where the system of approved electronic transmission is available to 20
a covered voter to request and cast a military-overseas ballot: 21
(1) A registered voter with a disability; and 22
(2) A registered voter who is a tribal member and who 23
resides on an Indian reservation or Indian colony. 24
2. The deadline to use the system of approved electronic 25
transmission: 26
(a) To register to vote for an elector pursuant to paragraph (a) of 27
subsection 1 is the same as the deadline set forth in NRS 293D.230 28
for a covered voter to register to vote. 29
(b) To apply for a ballot for a registered voter pursuant to 30
paragraph (b) of subsection 1, is the same as the deadline set forth in 31
NRS 293D.310 for a covered voter to request and cast a military-32
overseas ballot. 33
(c) To cast [a] an absent ballot for a registered voter pursuant to 34
paragraph (b) of subsection 1, is the same as the deadline set forth in 35
NRS 293D.400 for a covered voter to request and cast a military-36
overseas ballot. 37
3. Upon receipt of an application and absent ballot cast by a 38
person authorized pursuant to subsection 1 to use the system of 39
approved electronic transmission established pursuant to NRS 40
293D.200, the local elections official shall affix, mark or otherwise 41
acknowledge receipt of the application and absent ballot by means 42
of a time stamp on the application. 43
4. The Secretary of State shall ensure that a person who is 44
authorized pursuant to subsection 1 may provide his or her digital 45
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signature or electronic signature on any document or other material 1
that is necessary for the elector or registered voter to register to vote, 2
apply for [a] an absent ballot or cast [a] an absent ballot, as 3
applicable. 4
5. The Secretary of State shall prescribe the form and content 5
of a declaration for use by a person authorized pursuant to 6
subsection 1 to swear or affirm specific representations pertaining to 7
identity, eligibility to vote, status as such an elector or registered 8
voter and timely and proper completion of [a] an absent ballot. 9
6. The Secretary of State shall prescribe the duties of the 10
county clerk upon receipt of a ballot sent by a registered voter 11
authorized pursuant to subsection 1 to use the system of approved 12
electronic transmission, including, without limitation, the 13
procedures to be used in accepting, handling and counting the 14
absent ballot. 15
7. The Secretary of State shall make available to a person 16
authorized pursuant to subsection 1 information regarding 17
instructions on using the system for approved electronic 18
transmission to register to vote and apply for and cast [a] an absent 19
ballot. 20
8. The Secretary of State shall adopt any regulation necessary 21
to carry out the provisions of this section. 22
9. As used in this section: 23
(a) “Covered voter” has the meaning ascribed to it in 24
NRS 293D.030. 25
(b) “Digital signature” has the meaning ascribed to it in 26
NRS 720.060. 27
(c) “Electronic signature” has the meaning ascribed to it in 28
NRS 719.100. 29
(d) “Military-overseas ballot” has the meaning ascribed to it in 30
NRS 293D.050. 31
Sec. 37. NRS 293.269971 is hereby amended to read as 32
follows: 33
293.269971 1. Each person who administers a county or city 34
jail shall establish a policy that ensures that: 35
(a) A person who is detained in the jail and is a registered voter 36
may vote in each primary election, presidential preference primary 37
election, primary city election, general election and general city 38
election in which the person is eligible to vote; and 39
(b) A person who is detained in the jail and is a qualified elector 40
may register to vote in each primary election, presidential 41
preference primary election, primary city election, general election 42
and general city election in which the person is eligible to register to 43
vote. 44
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2. If qualified electors or registered voters of a county are 1
detained in a jail or facility located in another county pursuant to an 2
agreement entered into pursuant to subsection 2 of NRS 211.010, 3
the county clerk shall coordinate with the person who administers 4
the jail in the county where such qualified electors or registered 5
voters are detained to establish a procedure for those persons to 6
register to vote and vote. 7
3. Each policy or procedure established pursuant to subsection 8
1 or 2, as applicable, must: 9
(a) Be developed in coordination with the county clerk and, if 10
applicable, the city clerk; 11
(b) Be consistent with the provisions of this title relating to 12
elections; 13
(c) Ensure the safety of any election board officer or other 14
person who assists in the conduct of registering to vote or voting at 15
the jail; 16
(d) Ensure that a person who registers to vote or votes in a jail 17
may do so without coercion or intimidation; 18
(e) Ensure the secrecy of the ballot, including, without 19
limitation, the [mail] absent ballot; and 20
(f) Set forth a process that allows for same-day voter registration 21
and allows a family member of a person detained in the jail 22
to provide the person in the jail with the necessary information to 23
register to vote on the day of the election pursuant to 24
NRS 293.5847. 25
4. Each county or city jail shall post in a prominent location 26
and set forth in the handbook for detained persons information 27
relating to elections and voting in the jail, including, without 28
limitation, qualifications to register to vote and to vote and the 29
options and procedures for registering to vote and voting at the jail. 30
5. Nothing in this section authorizes a person convicted of a 31
felony in this State who has not had his or her right to vote restored 32
pursuant to NRS 213.157 to vote or to register to vote. 33
6. The Secretary of State shall adopt regulations to carry out 34
the provisions of this section. 35
Sec. 38. NRS 293.269973 is hereby amended to read as 36
follows: 37
293.269973 1. Each county or city jail shall: 38
(a) Provide each person detained in the jail with a reasonable 39
amount of privacy to vote, which may, without limitation, be in a 40
common area, visitation area, room or cell; 41
(b) Provide each person detained in the jail with a pen with 42
black or blue ink to vote his or her [mail] absent ballot; 43
(c) Allow the county clerk to establish a process for the 44
collection of the [mail] absent ballots voted by persons detained in 45
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the jail that includes a method for documenting the chain of custody 1
of [mail] absent ballots; and 2
(d) If applicable, allow the person to cure any defect in the 3
signature or necessary information on [a mail] an absent ballot 4
pursuant to [NRS 293.269927.] section 19 of this act. 5
2. A county or city jail shall not open [a mail] an absent ballot 6
after a prisoner has voted and sealed the [mail] absent ballot. 7
Sec. 39. NRS 293.272 is hereby amended to read as follows: 8
293.272 1. Except as otherwise provided in subsection 2 and 9
in NRS 293.2725 and 293.3083, a person who registered by mail or 10
computer to vote shall, for the first election in which the person 11
votes at which that registration is valid, vote in person unless he or 12
she has previously voted in the county in which he or she is 13
registered to vote. 14
2. The provisions of subsection 1 do not apply to a person who: 15
(a) Is entitled to vote otherwise than in person pursuant to 16
federal law or chapter 293D of NRS [;] or section 14 of this act; 17
(b) Is disabled; 18
(c) Is provided the right to vote otherwise than in person 19
pursuant to the Voting Accessibility for the Elderly and 20
Handicapped Act, 52 U.S.C. §§ 20101 et seq.; [or] 21
(d) [Is sent a mail ballot pursuant to the provisions of NRS 22
293.269913 and includes a copy of the information required 23
pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 24
or her voted mail ballot, if required pursuant to NRS 293.269915.] 25
Submits or has previously submitted a written request for an 26
absent ballot that is signed by the registered voter before a notary 27
public or other person authorized to administer an oath; or 28
(e) Requests an absent ballot in person at the office of the 29
county clerk. 30
Sec. 40. NRS 293.2725 is hereby amended to read as follows: 31
293.2725 1. Except as otherwise provided in subsection 2, in 32
NRS 293.3081, 293.3083 and 293.5772 to 293.5887, inclusive, and 33
in federal law, in addition to any other requirement to vote, a 34
person who registers to vote by mail or computer or is registered to 35
vote by an automatic voter registration agency, or a person who 36
preregisters to vote by mail or computer and is subsequently deemed 37
to be registered to vote, and who has not previously voted in an 38
election for federal office in this State: 39
(a) May vote at a polling place only if the person presents to the 40
election board officer at the polling place: 41
(1) A current and valid photo identification of the person, 42
which shows his or her physical address; or 43
(2) A copy of a current utility bill, bank statement, paycheck, 44
or document issued by a governmental entity, including a check 45
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which indicates the name and address of the person, but not 1
including a voter registration card; and 2
(b) May vote by mail only if the person provides to the county 3
or city clerk: 4
(1) A copy of a current and valid photo identification of the 5
person, which shows his or her physical address; or 6
(2) A copy of a current utility bill, bank statement, paycheck, 7
or document issued by a governmental entity, including a check 8
which indicates the name and address of the person, but not 9
including a voter registration card. 10
If there is a question as to the physical address of the person, the 11
election board officer or clerk may request additional information. 12
2. The provisions of subsection 1 do not apply to a person who: 13
(a) Registers to vote by mail or computer, or preregisters to vote 14
by mail or computer and is subsequently deemed to be registered to 15
vote, and submits with an application to preregister or register to 16
vote: 17
(1) A copy of a current and valid photo identification; or 18
(2) A copy of a current utility bill, bank statement, paycheck, 19
or document issued by a governmental entity, including a check 20
which indicates the name and address of the person, but not 21
including a voter registration card; 22
(b) Except as otherwise provided in subsection 3, registers to 23
vote by mail or computer and submits with an application to register 24
to vote a driver’s license number or at least the last four digits of his 25
or her social security number, if a state or local election official has 26
matched that information with an existing identification record 27
bearing the same number, name and date of birth as provided by the 28
person in the application; 29
(c) Registers to vote pursuant to NRS 293.5768 to 293.57699, 30
inclusive, and at that time presents to the automatic voter 31
registration agency: 32
(1) A copy of a current and valid photo identification; 33
(2) A copy of a current utility bill, bank statement, paycheck 34
or document issued by a governmental entity, including a check 35
which indicates the name and address of the person, but not 36
including a voter registration card; or 37
(3) A driver’s license number or at least the last four digits of 38
his or her social security number, if a state or local election official 39
has matched that information with an existing identification record 40
bearing the same number, name and date of birth as provided by the 41
person in the application; 42
(d) Is entitled to vote an absent ballot pursuant to the Uniformed 43
and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et 44
seq.; 45
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(e) Is provided the right to vote otherwise than in person under 1
the Voting Accessibility for the Elderly and Handicapped Act, 52 2
U.S.C. §§ 20101 et seq.; or 3
(f) Is entitled to vote otherwise than in person under any other 4
federal law. 5
3. The provisions of subsection 1 apply to a person described 6
in paragraph (b) of subsection 2 if the voter registration card issued 7
to the person is mailed by the county clerk to the person and 8
returned to the county clerk by the United States Postal Service. 9
Sec. 41. NRS 293.2733 is hereby amended to read as follows: 10
293.2733 1. If an Indian reservation or Indian colony is 11
located in whole or in part within a county, the county clerk: 12
(a) Shall, except as otherwise provided in subsections 2 and 5, 13
establish within the boundaries of the Indian reservation or Indian 14
colony at a location approved by the Indian tribe for the day of a 15
primary election, presidential preference primary election or general 16
election a polling place ; [and a ballot drop box;] and 17
(b) May establish additional polling places [or ballot drop boxes, 18
or both,] within the boundaries of the Indian reservation or Indian 19
colony for the day of a primary election, presidential preference 20
primary election or general election upon the request of an Indian 21
tribe submitted not later than the dates set forth in subsection 2 to 22
elect not to have a polling place [and ballot drop box] established 23
within the boundaries of the Indian reservation or Indian colony. 24
2. An Indian tribe may elect not to have a polling place [and 25
ballot drop box] established within the boundaries of an Indian 26
reservation or Indian colony for the day of a primary election, 27
presidential preference primary election or general election by 28
submitting notice to the county clerk on or before: 29
(a) If the notice is for a primary election, January 15 of the year 30
in which the primary election is to be held. 31
(b) If the notice is for a presidential preference primary election, 32
September 15 of the year immediately preceding the year of the 33
presidential preference primary election. 34
(c) If the notice is for a general election, June 15 of the year in 35
which the general election is to be held. 36
3. Any location of a polling place [or ballot drop box] 37
established pursuant to subsection 1 must satisfy the criteria the 38
county clerk uses for the establishment of any other polling place , 39
[and ballot drop box,] as applicable. 40
4. Except as otherwise provided in subsection 5, the county 41
clerk must continue to establish one polling place [and ballot drop 42
box] within the boundaries of the Indian reservation or Indian 43
colony at a location approved by the Indian tribe for the day of any 44
future primary election, presidential preference primary election or 45
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general election unless otherwise notified by the Indian tribe 1
pursuant to subsection 2. 2
5. Not later than the dates set forth in subsection 2 to elect not 3
to have a polling place [and ballot drop box] established within the 4
boundaries of the Indian reservation or Indian colony, an Indian 5
tribe that elects to have a polling place [and ballot drop box] 6
established must submit to the county clerk and the tribal liaison 7
designated by the Office of the Secretary of State pursuant to 8
NRS 233A.260: 9
(a) The location for the polling place ; [and ballot drop box and 10
whether the location will have only a polling place or ballot drop 11
box or both a polling place and ballot drop box;] 12
(b) Whether the Indian tribe will select registered voters to be 13
appointed to act as election board officers to staff the polling place 14
within the boundaries of the Indian reservation or Indian colony; 15
and 16
(c) The proposed days and hours for the operation of the polling 17
place. 18
If an Indian tribe does not submit the information required 19
pursuant to this subsection, the Indian tribe shall be deemed to have 20
elected not to have a polling place [and ballot drop box] established 21
within the boundaries of the Indian reservation or Indian colony. 22
Sec. 42. NRS 293.277 is hereby amended to read as follows: 23
293.277 1. Except as otherwise provided in NRS 293.283, 24
293.541, 293.57691 and 293.5772 to 293.5887, inclusive, if a 25
person’s name appears in the roster or if the person provides an 26
affirmation pursuant to NRS 293.525, the person is entitled to vote 27
and must [sign] : 28
(a) Present proof of identity; and 29
(b) Sign his or her name in the roster or on a signature card 30
when he or she applies to vote. The signature must be compared by 31
an election board officer with the signature or a facsimile thereof on 32
the person’s application to register to vote or [one of the forms of 33
identification listed in subsection 2.] on his or her proof of identity. 34
2. [Except as otherwise provided in NRS 293.2725, the forms 35
of identification which may be used individually to identify a voter 36
at the polling place are: 37
(a) The voter registration card issued to the voter; 38
(b) A driver’s license; 39
(c) An identification card issued by the Department of Motor 40
Vehicles; 41
(d) A military identification card; or 42
(e) Any other form of identification issued by a governmental 43
agency which contains the voter’s signature and physical description 44
or picture. 45
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3.] The county clerk shall prescribe a procedure, approved by 1
the Secretary of State, to verify that the voter has not already voted 2
in that county in the current election. 3
Sec. 43. NRS 293.283 is hereby amended to read as follows: 4
293.283 1. If, because of physical limitations, a registered 5
voter is unable to sign his or her name in the roster or on a signature 6
card as required by NRS 293.277, the voter must be identified by: 7
(a) Either: 8
(1) Answering questions from the election board officer 9
covering the personal data which is reported on the application to 10
register to vote; or 11
[(b)] (2) Providing the election board officer, orally or in 12
writing, with other personal data which verifies the identity of the 13
voter; [or] and 14
[(c) Providing] 15
(b) Presenting the election board officer with his or her proof 16
of [identification as described in NRS 293.277 other than the voter 17
registration card issued to the voter.] identity. 18
2. If the identity of the voter is verified, the election board 19
officer shall indicate in the roster “Identified” by the voter’s name. 20
Sec. 44. NRS 293.285 is hereby amended to read as follows: 21
293.285 1. Except as otherwise provided in NRS 293.283 22
and 293.5772 to 293.5887, inclusive: 23
(a) A registered voter applying to vote shall state his or her 24
name to the election board officer in charge of the roster; and 25
(b) The election board officer shall: 26
(1) Announce the name of the registered voter; 27
(2) Require the registered voter to present proof of identity; 28
(3) Instruct the registered voter to sign the roster or signature 29
card; 30
[(3)] (4) Verify the signature of the registered voter in the 31
manner set forth in NRS 293.277; and 32
[(4)] (5) Verify that the registered voter has not already 33
voted in that county in the current election. 34
2. Except as otherwise provided in NRS 293.57691, if the 35
signature does not match, the registered voter must be identified by: 36
(a) Answering questions from the election board officer 37
covering the personal data which is reported on the application to 38
register to vote; 39
(b) Providing the election board officer, orally or in writing, 40
with other personal data which verifies the identity of the registered 41
voter; or 42
(c) [Providing the election board officer with proof of 43
identification as described in NRS 293.277 other than the voter 44
registration card issued to the voter.] Comparing the signature of 45
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the registered voter on the roster to the signature on the registered 1
voter’s proof of identity. 2
3. If the signature of the registered voter has changed in 3
comparison to the signature on the application to preregister or 4
register to vote, the registered voter must update his or her signature 5
on a form prescribed by the Secretary of State. 6
4. For the purposes of subsection 2, the personal data of a 7
registered voter may include his or her date of birth. 8
Sec. 45. NRS 293.287 is hereby amended to read as follows: 9
293.287 1. A registered voter applying to vote at any primary 10
election or presidential preference primary election shall give his or 11
her name and political affiliation, if any, to the election board officer 12
in charge of the roster, and the officer shall immediately announce 13
the name and political affiliation [.] and require that the registered 14
voter present proof of identity. 15
2. Any person’s right to vote may be challenged by any 16
registered voter upon: 17
(a) Any of the grounds allowed for a challenge in NRS 293.303; 18
(b) The ground that the person applying does not belong to the 19
political party designated upon the roster; or 20
(c) The ground that the roster does not show that the person 21
designated the political party to which he or she claims to belong. 22
3. Any such challenge must be disposed of in the manner 23
provided by NRS 293.303. 24
4. A registered voter who has designated on his or her 25
application to register to vote an affiliation with a minor political 26
party may vote a nonpartisan ballot at the primary election. 27
Sec. 46. NRS 293.3025 is hereby amended to read as follows: 28
293.3025 The Secretary of State and each county and city clerk 29
shall ensure that a copy of each of the following is posted in a 30
conspicuous place at each polling place on election day: 31
1. A sample ballot; 32
2. Information concerning the date and hours of operation of 33
the polling place; 34
3. Instructions for voting and casting a ballot, including a 35
provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive, 36
or a provisional ballot pursuant to NRS 293.5772 to 293.5887, 37
inclusive; 38
4. Instructions concerning the proof of identity required to 39
vote at the polling place; 40
5. Instructions concerning the identification required for 41
persons who registered by mail or computer and are first-time voters 42
for federal office in this State; 43
[5.] 6. Information concerning the accessibility of polling 44
places to persons with disabilities; 45
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[6.] 7. General information concerning federal and state laws 1
which prohibit acts of fraud and misrepresentation; and 2
[7.] 8. Information concerning the eligibility of a candidate, a 3
ballot question or any other matter appearing on the ballot as a result 4
of a judicial determination or by operation of law, if any. 5
Sec. 47. NRS 293.303 is hereby amended to read as follows: 6
293.303 1. A person applying to vote may be challenged: 7
(a) Orally by any registered voter of the precinct upon the 8
ground that he or she is not the person entitled to vote as claimed or 9
has voted before at the same election. A registered voter who 10
initiates a challenge pursuant to this paragraph must submit an 11
affirmation that is signed under penalty of perjury and in the form 12
prescribed by the Secretary of State stating that the challenge is 13
based on the personal knowledge of the registered voter. 14
(b) On any ground set forth in a challenge filed with the county 15
clerk pursuant to the provisions of NRS 293.547. 16
2. If a person is challenged, an election board officer shall 17
tender the challenged person the following oath or affirmation: 18
(a) If the challenge is on the ground that the challenged person 19
does not belong to the political party designated upon the roster, “I 20
swear or affirm under penalty of perjury that I belong to the political 21
party designated upon the roster”; 22
(b) If the challenge is on the ground that the roster does not 23
show that the challenged person designated the political party to 24
which he or she claims to belong, “I swear or affirm under penalty 25
of perjury that I designated on the application to register to vote the 26
political party to which I claim to belong”; 27
(c) If the challenge is on the ground that the challenged person 28
does not reside at the residence for which the address is listed in the 29
roster, “I swear or affirm under penalty of perjury that I reside at the 30
residence for which the address is listed in the roster”; 31
(d) If the challenge is on the ground that the challenged person 32
previously voted a ballot for the election, “I swear or affirm under 33
penalty of perjury that I have not voted for any of the candidates or 34
questions included on this ballot for this election”; or 35
(e) If the challenge is on the ground that the challenged person is 36
not the person he or she claims to be, “I swear or affirm under 37
penalty of perjury that I am the person whose name is in this roster.” 38
The oath or affirmation must be set forth on a form prepared by 39
the Secretary of State and signed by the challenged person under 40
penalty of perjury. 41
3. Except as otherwise provided in subsection 4, if the 42
challenged person refuses to execute the oath or affirmation so 43
tendered, the person must not be issued a ballot, and the election 44
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- *AB228*
board officer shall indicate in the roster “Challenged” by the 1
person’s name. 2
4. If the challenged person refuses to execute the oath or 3
affirmation set forth in paragraph (a) or (b) of subsection 2, the 4
election board officers shall issue the person a nonpartisan ballot. 5
5. If the challenged person refuses to execute the oath or 6
affirmation set forth in paragraph (c) of subsection 2, the election 7
board officers shall inform the person that he or she is entitled to 8
vote only in the manner prescribed in NRS 293.304. 9
6. If the challenged person executes the oath or affirmation and 10
the challenge is not based on the ground set forth in paragraph (e) of 11
subsection 2, the election board officers shall issue the person a 12
partisan ballot. 13
7. If the challenge is based on the ground set forth in paragraph 14
(c) of subsection 2, and the challenged person executes the oath or 15
affirmation, the election board shall not issue the person a ballot 16
until he or she furnishes satisfactory identification which contains 17
proof of the address at which the person actually resides. For the 18
purposes of this subsection, a voter registration card does not 19
provide proof of the address at which a person resides. 20
8. If the challenge is based on the ground set forth in paragraph 21
(e) of subsection 2 and the challenged person executes the oath or 22
affirmation, the election board shall not issue the person a ballot 23
unless the person [: 24
(a) Furnishes official identification which contains a photograph 25
of the person, such as a driver’s license or other official document; 26
or 27
(b) Brings before the election board officers a person who is at 28
least 18 years of age who: 29
(1) Furnishes official identification which contains a 30
photograph of that person, such as a driver’s license or other official 31
document; and 32
(2) Executes an oath or affirmation under penalty of perjury 33
that the challenged person is who he or she swears to be.] furnishes 34
proof of identity. 35
9. The election board officers shall: 36
(a) Record on the challenge list: 37
(1) The name of the challenged person; 38
(2) The name of the registered voter who initiated the 39
challenge; and 40
(3) The result of the challenge; and 41
(b) If possible, orally notify the registered voter who initiated 42
the challenge of the result of the challenge. 43
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Sec. 48. NRS 293.3075 is hereby amended to read as follows: 1
293.3075 1. Except as otherwise provided in NRS 293.283 2
and 293.5772 to 293.5887, inclusive, upon the appearance of a 3
person to cast a ballot at a polling place established pursuant to NRS 4
293.3072, the election board officer shall: 5
(a) Determine [that] whether the person is a registered voter in 6
the county and has not already voted in that county in the current 7
election; 8
(b) Require the registered voter to present proof of identity; 9
(c) Instruct the registered voter to sign the roster or a signature 10
card; and 11
[(c)] (d) Verify the signature of the registered voter in the 12
manner set forth in NRS 293.277. 13
2. Except as otherwise provided in NRS 293.57691, if the 14
signature of the registered voter does not match, the registered voter 15
must be identified by: 16
(a) Either: 17
(1) Answering questions from the election board officer 18
covering the personal data which is reported on the application to 19
register to vote; or 20
[(b)] (2) Providing the election board officer, orally or in 21
writing, with other personal data which verifies the identity of the 22
registered voter; [or 23
(c) Providing] and 24
(b) Presenting the election board officer with his or her proof 25
of [identification as described in NRS 293.277 other than the voter 26
registration card issued to the voter.] identity. 27
3. If the signature of the registered voter has changed in 28
comparison to the signature on the application to register to vote, the 29
registered voter must update his or her signature on a form 30
prescribed by the Secretary of State. 31
4. The county clerk shall prescribe a procedure, approved by 32
the Secretary of State, to verify that the registered voter has not 33
already voted in that county in the current election. 34
5. When a registered voter is entitled to cast a ballot and has 35
identified himself or herself to the satisfaction of the election board 36
officer, the registered voter is entitled to receive the appropriate 37
ballot or ballots, but only for his or her own use at the polling place 38
where he or she applies to vote. 39
6. If the ballot is voted on a mechanical recording device which 40
directly records the votes electronically, the election board officer 41
shall: 42
(a) Prepare the mechanical voting device for the registered 43
voter; 44
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(b) Ensure that the registered voter’s precinct or voting district 1
and the form of the ballot are indicated on the voting receipt, if the 2
county clerk uses voting receipts; and 3
(c) Allow the registered voter to cast a vote. 4
7. A registered voter applying to vote at a polling place 5
established pursuant to NRS 293.3072 may be challenged pursuant 6
to NRS 293.303. 7
Sec. 49. NRS 293.3081 is hereby amended to read as follows: 8
293.3081 A person at a polling place may cast a provisional 9
ballot in an election pursuant to NRS 293.3078 to 293.3086, 10
inclusive, if the person complies with the applicable provisions of 11
NRS 293.3082 and: 12
1. Declares that he or she has registered to vote and is eligible 13
to vote at that election in that jurisdiction, but [his or her] : 14
(a) The name of the person does not appear on a voter 15
registration list as a voter eligible to vote in that election in that 16
jurisdiction [or an] ; 17
(b) An election official asserts that the person is not eligible to 18
vote in that election in that jurisdiction; or 19
(c) The person fails to present proof of identity; 20
2. Applies by mail or computer, on or after January 1, 2003, to 21
register to vote and has not previously voted in an election for 22
federal office in this State and fails to provide the identification 23
required pursuant to paragraph (a) of subsection 1 of NRS 293.2725 24
to the election board officer at the polling place; or 25
3. Declares that he or she is entitled to vote after the polling 26
place would normally close as a result of a court order or other order 27
extending the time established for the closing of polls pursuant to a 28
law of this State in effect 10 days before the date of the election. 29
Sec. 50. NRS 293.3082 is hereby amended to read as follows: 30
293.3082 1. Before a person may cast a provisional ballot 31
pursuant to NRS 293.3081, the person must complete a written 32
affirmation on a form provided by an election board officer, as 33
prescribed by the Secretary of State, at the polling place which 34
includes: 35
(a) The name of the person casting the provisional ballot; 36
(b) The reason for casting the provisional ballot; 37
(c) A statement in which the person casting the provisional 38
ballot affirms under penalty of perjury that he or she is a registered 39
voter in the jurisdiction and is eligible to vote in the election; 40
(d) The date and type of election; 41
(e) The signature of the person casting the provisional ballot; 42
(f) The signature of the election board officer; 43
(g) A unique affirmation identification number assigned to the 44
person casting the provisional ballot; 45
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(h) If the person is casting the provisional ballot pursuant to 1
subsection 1 of NRS 293.3081: 2
(1) An indication by the person as to whether or not he or she 3
provided the required identification at the time the person applied to 4
register to vote; 5
(2) The address of the person as listed on the application to 6
register to vote; 7
(3) Information concerning the place, manner and 8
approximate date on which the person applied to register to vote; 9
(4) Any other information that the person believes may be 10
useful in verifying that the person has registered to vote; and 11
(5) A statement informing the voter that if the voter does not 12
provide [identification] proof of identity at the time the voter casts 13
the provisional ballot, the required [identification] proof of identity 14
must be provided to the county or city clerk not later than 5 p.m. on 15
the Friday following election day and that failure to do so will result 16
in the provisional ballot not being counted; 17
(i) If the person is casting the provisional ballot pursuant to 18
subsection 2 of NRS 293.3081: 19
(1) The address of the person as listed on the application to 20
register to vote; 21
(2) The voter registration number, if any, issued to the 22
person; and 23
(3) A statement informing the voter that the required 24
[identification] proof of identity must be provided to the county or 25
city clerk not later than 5 p.m. on the Friday following election day 26
and that failure to do so will result in the provisional ballot not 27
being counted; and 28
(j) If the person is casting the provisional ballot pursuant to 29
subsection 3 of NRS 293.3081, the voter registration number, if any, 30
issued to the person. 31
2. After a person completes a written affirmation pursuant to 32
subsection 1: 33
(a) The election board officer shall provide the person with a 34
receipt that includes the unique affirmation identification number 35
described in subsection 1 and that explains how the person may use 36
the free access system established pursuant to NRS 293.3086 to 37
ascertain whether the person’s vote was counted, and, if the vote 38
was not counted, the reason why the vote was not counted; 39
(b) The voter’s name and applicable information must be 40
entered into the roster in a manner which indicates that the voter 41
cast a provisional ballot; and 42
(c) The election board officer shall issue a provisional ballot to 43
the person to vote. 44
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Sec. 51. NRS 293.3085 is hereby amended to read as follows: 1
293.3085 1. Following each election, a canvass of the 2
provisional ballots cast in the election must be conducted pursuant 3
to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387. 4
2. The county and city clerk shall not: 5
(a) Include any provisional ballot in the unofficial results 6
reported on election night; or 7
(b) Open any envelope containing a provisional ballot before 8 8
a.m. on the Wednesday following election day. 9
3. Except as otherwise provided in subsection 4, a provisional 10
ballot must be counted if: 11
(a) The county or city clerk determines that the person who cast 12
the provisional ballot was registered to vote in the election, eligible 13
to vote in the election and issued the appropriate ballot for the 14
address at which the person resides; 15
(b) A voter who failed to provide required identification at the 16
polling place or with his or her mailed ballot provides the required 17
identification to the county or city clerk not later than 5 p.m. on the 18
Friday following election day [;] , including, if applicable, his or 19
her proof of identity; or 20
(c) A court order has not been issued by 5 p.m. on the Friday 21
following election day directing that provisional ballots cast 22
pursuant to subsection 3 of NRS 293.3081 not be counted, and the 23
provisional ballot was cast pursuant to subsection 3 of 24
NRS 293.3081. 25
4. A provisional ballot must not be counted if the county or 26
city clerk determines that the person who cast the provisional ballot 27
cast the wrong ballot for the address at which the person resides. 28
Sec. 52. NRS 293.356 is hereby amended to read as follows: 29
293.356 If a request is made to vote early by a registered voter 30
in person, the election board shall , except as otherwise provided in 31
NRS 293.3585, issue a ballot for early voting to the voter. Such a 32
ballot must be voted on the premises of a polling place for early 33
voting established pursuant to NRS 293.3564, 293.3572, 293.3575 34
or 298.690. 35
Sec. 53. NRS 293.3585 is hereby amended to read as follows: 36
293.3585 1. Except as otherwise provided in NRS 293.283 37
and 293.5772 to 293.5887, inclusive, upon the appearance of a 38
person to cast a ballot for early voting, an election board officer 39
shall: 40
(a) Determine [that] whether the person is a registered voter in 41
the county. 42
(b) Require the registered voter to present proof of identity. 43
(c) Instruct the registered voter to sign the roster for early voting 44
or a signature card. 45
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[(c)] (d) Verify the signature of the registered voter in the 1
manner set forth in NRS 293.277. 2
[(d)] (e) Verify that the registered voter has not already voted in 3
that county in the current election. 4
2. Except as otherwise provided in NRS 293.57691, if the 5
signature of the registered voter does not match, the registered voter 6
must be identified by: 7
(a) Either: 8
(1) Answering questions from the election board officer 9
covering the personal data which is reported on the application to 10
register to vote; or 11
[(b)] (2) Providing the election board officer, orally or in 12
writing, with other personal data which verifies the identity of the 13
registered voter; [or 14
(c) Providing] and 15
(b) Presenting the election board officer with proof of 16
[identification as described in NRS 293.277 other than the voter 17
registration card issued to the voter.] identity. 18
3. If the signature of the registered voter has changed in 19
comparison to the signature on the application to register to vote, the 20
registered voter must update his or her signature on a form 21
prescribed by the Secretary of State. 22
4. The county clerk shall prescribe a procedure, approved by 23
the Secretary of State, to verify that the registered voter has not 24
already voted in that county in the current election. 25
5. The roster for early voting or a signature card, as applicable, 26
must contain: 27
(a) The registered voter’s name, the address where he or she is 28
registered to vote, his or her voter identification number and a place 29
for the voter’s signature; 30
(b) The registered voter’s precinct or voting district number, if 31
that information is available; and 32
(c) The date of voting early in person. 33
6. When a registered voter is entitled to cast a ballot and has 34
identified himself or herself to the satisfaction of the election board 35
officer, the registered voter is entitled to receive the appropriate 36
ballot or ballots, but only for his or her own use at the polling place 37
for early voting. 38
7. If the ballot is voted on a mechanical recording device which 39
directly records the votes electronically, the election board officer 40
shall: 41
(a) Prepare the mechanical recording device for the registered 42
voter; 43
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(b) Ensure that the registered voter’s precinct or voting district, 1
if that information is available, and the form of ballot are indicated 2
on the voting receipt, if the county clerk uses voting receipts; and 3
(c) Allow the registered voter to cast a vote. 4
8. A registered voter applying to vote early by personal 5
appearance may be challenged pursuant to NRS 293.303. 6
9. For the purposes of subsection 2, the personal data of a 7
registered voter may include his or her date of birth. 8
Sec. 54. NRS 293.3625 is hereby amended to read as follows: 9
293.3625 The county clerk shall make a record of the receipt at 10
the central counting place of each sealed container used to transport 11
official ballots pursuant to NRS 293.304, 293B.330 and 293B.335 12
[.] and section 19 of this act. The record must include the numbers 13
indicated on the container and its seal pursuant to NRS 293.462. 14
Sec. 55. NRS 293.365 is hereby amended to read as follows: 15
293.365 [Except as otherwise provided in NRS 293.269931, 16
no] No counting board in any precinct, district or polling place in 17
which paper ballots are used may commence to count the votes until 18
all ballots used or unused are accounted for. 19
Sec. 56. NRS 293.391 is hereby amended to read as follows: 20
293.391 1. The voted ballots, rejected ballots, spoiled ballots, 21
challenge lists, records printed on paper of voted ballots collected 22
pursuant to NRS 293B.400 [, reports prepared pursuant to NRS 23
293.269937] and stubs of the ballots used, enclosed and sealed, 24
must, after canvass of the votes by the board of county 25
commissioners, be deposited in the vaults of the county clerk. The 26
records of voted ballots that are maintained in electronic form must, 27
after canvass of the votes by the board of county commissioners, be 28
sealed and deposited in the vaults of the county clerk. The tally lists 29
collected pursuant to this title must, after canvass of the votes by the 30
board of county commissioners, be deposited in the vaults of the 31
county clerk without being sealed. All materials described by this 32
subsection must be preserved for at least 22 months, and all such 33
sealed materials must be destroyed immediately after the 34
preservation period. A notice of the destruction must be published 35
by the clerk in at least one newspaper of general circulation in the 36
county not less than 2 weeks before the destruction. 37
2. Unused ballots, enclosed and sealed, must, after canvass of 38
the votes by the board of county commissioners, be deposited in the 39
vaults of the county clerk and preserved for at least the period 40
during which the election may be contested and adjudicated, after 41
which the unused ballots may be destroyed. 42
3. The rosters containing the signatures of those persons who 43
voted in the election and the tally lists deposited with the board of 44
county commissioners are subject to the inspection of any elector 45
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who may wish to examine them at any time after their deposit with 1
the county clerk. 2
4. A contestant of an election may inspect all of the material 3
regarding that election which is preserved pursuant to subsection 1 4
or 2, except the voted ballots and records printed on paper of voted 5
ballots collected pursuant to NRS 293B.400 which are deposited 6
with the county clerk. 7
5. The voted ballots and records printed on paper of voted 8
ballots collected pursuant to NRS 293B.400 which are deposited 9
with the county clerk are not subject to the inspection of anyone, 10
except in cases of a contested election, and then only by the judge, 11
body or board before whom the election is being contested, or by the 12
parties to the contest, jointly, pursuant to an order of such judge, 13
body or board. 14
Sec. 57. NRS 293.462 is hereby amended to read as follows: 15
293.462 1. Each container used to transport official ballots 16
pursuant to NRS 293.304, 293B.330 and 293B.335 and section 19 17
of this act must: 18
(a) Be constructed of metal or any other rigid material; and 19
(b) Contain a seal which is placed on the container to ensure 20
detection of any opening of the container. 21
2. The container and seal must be separately numbered for 22
identification. 23
Sec. 58. NRS 293.464 is hereby amended to read as follows: 24
293.464 1. If a court of competent jurisdiction orders a 25
county to extend the deadline for voting beyond the statutory 26
deadline in a particular election, the county clerk shall, as soon as 27
practicable after receiving notice of the court’s decision: 28
(a) Cause notice of the extended deadline to be published in a 29
newspaper of general circulation in the county; and 30
(b) Transmit a notice of the extended deadline to each registered 31
voter who [received a mail] requested an absent ballot for the 32
election and has not returned the [mail] absent ballot before the date 33
on which the notice will be transmitted. 34
2. The notice required pursuant to paragraph (a) of subsection 1 35
must be published: 36
(a) In a county whose population is 52,000 or more, on at least 3 37
successive days. 38
(b) In a county whose population is less than 52,000, at least 39
twice in successive issues of the newspaper. 40
Sec. 59. NRS 293.4688 is hereby amended to read as follows: 41
293.4688 1. The Secretary of State shall ensure that: 42
(a) All public information that is included on the Internet 43
website required pursuant to NRS 293.4687 is accessible on a 44
mobile device; and 45
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(b) A person may use a mobile device to submit any information 1
or form related to elections that a person may otherwise submit 2
electronically to the Secretary of State, including, without limitation, 3
an application to preregister or register to vote , a request for an 4
absent ballot and a request for a military-overseas ballot. 5
2. As used in this section: 6
(a) “Military-overseas ballot” has the meaning ascribed to it in 7
NRS 293D.050. 8
(b) “Mobile device” includes, without limitation, a smartphone 9
or a tablet computer. 10
Sec. 60. NRS 293.469 is hereby amended to read as follows: 11
293.469 Each county clerk is encouraged to: 12
1. Not later than the earlier date of the notice provided pursuant 13
to NRS 293.203 or the first notice provided pursuant to subsection 3 14
of NRS 293.560, notify the public, through means designed to reach 15
members of the public who are elderly or disabled, of the provisions 16
of NRS [293.269911,] 293.269951, 293.2955 and 293.296 [.] and 17
sections 12, 14 and 15 of this act. 18
2. Provide in alternative audio and visual formats information 19
concerning elections, information concerning how to preregister or 20
register to vote and information concerning the manner of voting for 21
use by a person who is elderly or disabled, including, without 22
limitation, providing such information through a 23
telecommunications device that is accessible to a person who is 24
deaf. 25
3. Not later than 5 working days after receiving the request of a 26
person who is elderly or disabled, provide to the person, in a format 27
that can be used by the person, any requested material that is: 28
(a) Related to elections; and 29
(b) Made available by the county clerk to the public in printed 30
form. 31
Sec. 61. NRS 293.5002 is hereby amended to read as follows: 32
293.5002 1. The Secretary of State shall establish procedures 33
to allow a person for whom a fictitious address has been issued 34
pursuant to NRS 217.462 to 217.471, inclusive, to: 35
(a) Preregister or register to vote; and 36
(b) Vote by [mail] absent ballot, 37
without revealing the confidential address of the person. 38
2. In addition to establishing appropriate procedures or 39
developing forms pursuant to subsection 1, the Secretary of State 40
shall develop a form to allow a person for whom a fictitious address 41
has been issued to preregister or register to vote or to change the 42
address of the person’s current preregistration or registration, as 43
applicable. The form must include: 44
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(a) A section that contains the confidential address of the 1
person; and 2
(b) A section that contains the fictitious address of the person. 3
3. Upon receiving a completed form from a person for whom a 4
fictitious address has been issued, the Secretary of State shall: 5
(a) On the portion of the form that contains the fictitious address 6
of the person, indicate the county and precinct in which the person 7
will vote and forward this portion of the form to the appropriate 8
county clerk; and 9
(b) File the portion of the form that contains the confidential 10
address. 11
4. Notwithstanding any other provision of law, any request 12
received by the Secretary of State pursuant to subsection 3 shall be 13
deemed a request for a permanent absent ballot. 14
5. Notwithstanding any other provision of law: 15
(a) The Secretary of State and each county clerk shall keep the 16
portion of the form developed pursuant to subsection 2 that he or 17
she retains separate from other applications for preregistration or 18
registration. 19
(b) The Secretary of State or a county or city clerk shall not 20
make the name, confidential address, fictitious address, telephone 21
number or electronic mail address of the person who has been issued 22
a fictitious address available for: 23
(1) Inspection or copying; or 24
(2) Inclusion in any list that is made available for public 25
inspection, 26
unless directed to do so by lawful order of a court of competent 27
jurisdiction. 28
Sec. 62. NRS 293.502 is hereby amended to read as follows: 29
293.502 1. An elector: 30
(a) Who complies with the requirements for registration set forth 31
in the Uniformed and Overseas Citizens Absentee Voting Act, 52 32
U.S.C. §§ 20301 et seq.; 33
(b) Who, not more than 60 days before an election: 34
(1) Is discharged from the Armed Forces of the United States 35
or is the spouse or dependent of an elector who is discharged from 36
the Armed Forces; or 37
(2) Is separated from employment outside the territorial 38
limits of the United States or is the spouse or dependent of an 39
elector who is separated from employment outside the territorial 40
limits of the United States; 41
(c) Who presents evidence of the discharge from the Armed 42
Forces or separation from employment described in paragraph (b) to 43
the county clerk; and 44
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(d) Who is not registered to vote at the close of registration for 1
that election, 2
must be allowed to register to vote in the election. 3
2. Such an elector must: 4
(a) Register in person; and 5
(b) Vote in the office of the county clerk unless the elector is 6
otherwise entitled to vote [a mail] an absent ballot pursuant to 7
federal law. 8
3. The Secretary of State shall adopt regulations to carry out a 9
program of registration for such electors. 10
Sec. 63. NRS 293.505 is hereby amended to read as follows: 11
293.505 1. All justices of the peace, except those located in 12
county seats, are ex officio field registrars to carry out the 13
provisions of this chapter. 14
2. The county clerk shall appoint at least one registered voter to 15
serve as a field registrar of voters who, except as otherwise provided 16
in NRS 293.5055, shall preregister and register voters within the 17
county for which the field registrar is appointed. Except as 18
otherwise provided in subsection 1, a candidate for any office may 19
not be appointed or serve as a field registrar. A field registrar serves 20
at the pleasure of the county clerk and shall perform such duties as 21
the county clerk may direct. The county clerk shall not knowingly 22
appoint any person as a field registrar who has been convicted of a 23
felony involving theft or fraud. The Secretary of State may bring an 24
action against a county clerk to collect a civil penalty of not more 25
than $5,000 for each person who is appointed as a field registrar in 26
violation of this subsection. Any civil penalty collected pursuant to 27
this subsection must be deposited with the State Treasurer for credit 28
to the State General Fund. 29
3. A field registrar shall demand of any person who applies for 30
preregistration or registration all information required by the 31
application to preregister or register to vote, as applicable, and shall 32
administer all oaths required by this chapter. 33
4. When a field registrar has in his or her possession five or 34
more completed applications to preregister or register to vote, the 35
field registrar shall forward them to the county clerk, but in no case 36
may the field registrar hold any number of them for more than 10 37
days. 38
5. Each field registrar shall forward to the county clerk all 39
completed applications in his or her possession immediately after 40
the last day to register to vote by mail pursuant to NRS 293.560 or 41
293C.527, as applicable. Within 5 days after the last day to register 42
to vote by mail pursuant to NRS 293.560 or 293C.527, as 43
applicable, a field registrar shall return all unused applications in his 44
or her possession to the county clerk. If all of the unused 45
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applications are not returned to the county clerk, the field registrar 1
shall account for the unreturned applications. 2
6. Each field registrar shall submit to the county clerk a list of 3
the serial numbers of the completed applications to preregister or 4
register to vote and the names of the electors on those applications. 5
The serial numbers must be listed in numerical order. 6
7. Each field registrar shall post notices sent to him or her by 7
the county clerk for posting in accordance with the election laws of 8
this State. 9
8. A field registrar, employee of a voter registration agency or 10
person assisting a voter pursuant to NRS 293.5235 shall not: 11
(a) Delegate any of his or her duties to another person; or 12
(b) Refuse to preregister or register a person on account of that 13
person’s political party affiliation. 14
9. A person shall not hold himself or herself out to be or 15
attempt to exercise the duties of a field registrar unless the person 16
has been so appointed. 17
10. A county clerk, field registrar, employee of a voter 18
registration agency or person assisting another person pursuant to 19
NRS 293.5235 shall not: 20
(a) Solicit a vote for or against a particular question or 21
candidate; 22
(b) Speak to a person on the subject of marking his or her ballot 23
for or against a particular question or candidate; or 24
(c) Distribute any petition or other material concerning a 25
candidate or question which will be on the ballot for the ensuing 26
election, 27
while preregistering or registering the person. 28
11. When the county clerk receives applications to preregister 29
or register to vote from a field registrar, the county clerk shall issue 30
a receipt to the field registrar. The receipt must include: 31
(a) The number of persons preregistered or registered; and 32
(b) The political party of the persons preregistered or registered. 33
12. A county clerk, field registrar, employee of a voter 34
registration agency or person assisting another person pursuant to 35
NRS 293.5235 shall not: 36
(a) Knowingly: 37
(1) Register a person who is not a qualified elector or a 38
person who has filed a false or misleading application to register to 39
vote; or 40
(2) Preregister a person who does not meet the qualifications 41
set forth in NRS 293.4855; or 42
(b) Preregister or register a person who fails to provide 43
satisfactory [proof] evidence of [identification] his or her identity 44
and the address at which the person actually resides. 45
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13. A county clerk, field registrar, employee of a voter 1
registration agency, person assisting another person pursuant to 2
NRS 293.5235 or any other person providing a form for the 3
application to preregister or register to vote to an elector for the 4
purpose of preregistering or registering to vote: 5
(a) If the person who assists another person with completing the 6
form for the application to preregister or register to vote retains the 7
form, shall enter his or her name on the duplicate copy or receipt 8
retained by the person upon completion of the form; and 9
(b) Shall not alter, deface or destroy an application to preregister 10
or register to vote that has been signed by a person except to correct 11
information contained in the application after receiving notice from 12
the person that a change in or addition to the information is required. 13
14. If a field registrar violates any of the provisions of this 14
section, the county clerk shall immediately suspend the field 15
registrar and notify the district attorney of the county in which the 16
violation occurred. 17
15. A person who violates any of the provisions of subsection 18
8, 9, 10, 12 or 13 is guilty of a category E felony and shall be 19
punished as provided in NRS 193.130. 20
Sec. 64. NRS 293.517 is hereby amended to read as follows: 21
293.517 1. Any person who meets the qualifications set forth 22
in NRS 293.4855 residing within the county may preregister to vote 23
and any elector residing within the county may register to vote: 24
(a) Except as otherwise provided in NRS 293.560 and 25
293C.527, by appearing before the county clerk, a field registrar or a 26
voter registration agency, completing the application to preregister 27
or register to vote, giving true and satisfactory answers to all 28
questions relevant to his or her identity and right to preregister or 29
register to vote, and providing [proof] evidence of residence and 30
identity [;] in accordance with this subsection; 31
(b) By completing and mailing or personally delivering to the 32
county clerk an application to preregister or register to vote pursuant 33
to the provisions of NRS 293.5235; 34
(c) Pursuant to the provisions of NRS 293.5727 or chapter 293D 35
of NRS; 36
(d) At his or her residence with the assistance of a field registrar 37
pursuant to NRS 293.5237; 38
(e) By submitting an application to preregister or register to vote 39
by computer using the system established by the Secretary of State 40
pursuant to NRS 293.671; or 41
(f) By any other method authorized by the provisions of this 42
title. 43
The county clerk shall require a person to submit official 44
identification as [proof] evidence of residence and identity [,] in 45
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accordance with this subsection, such as a driver’s license or other 1
official document, before preregistering or registering the person. If 2
the applicant preregisters or registers to vote pursuant to this 3
subsection and fails to provide [proof] evidence of residence and 4
identity, the applicant must provide [proof] evidence of residence 5
and identity before casting a ballot in person or by mail or after 6
casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, 7
inclusive. For the purposes of this subsection, a voter registration 8
card does not provide [proof] evidence of the residence or identity 9
of a person. 10
2. In addition to the methods for registering to vote described 11
in subsection 1, an elector may register to vote pursuant to: 12
(a) NRS 293.269951, if applicable; 13
(b) NRS 293.5768 to 293.57699, inclusive; or 14
(c) NRS 293.5772 to 293.5887, inclusive. 15
3. Except as otherwise provided in NRS 293.5768 to 16
293.57699, inclusive, the application to preregister or register to 17
vote must be signed and verified under penalty of perjury by the 18
person preregistering or the elector registering. 19
4. Each person or elector who is or has been married must be 20
preregistered or registered under his or her own given or first name, 21
and not under the given or first name or initials of his or her spouse. 22
5. A person or an elector who is preregistered or registered and 23
changes his or her name must complete a new application to 24
preregister or register to vote, as applicable. The person or elector 25
may obtain a new application: 26
(a) At the office of the county clerk or field registrar; 27
(b) By submitting an application to preregister or register to vote 28
pursuant to the provisions of NRS 293.5235; 29
(c) By submitting a written statement to the county clerk 30
requesting the county clerk to mail an application to preregister or 31
register to vote; 32
(d) At any voter registration agency; or 33
(e) By submitting an application to preregister or register to vote 34
by computer using the system established by the Secretary of State 35
pursuant to NRS 293.671. 36
If the elector fails to register under his or her new name, the 37
elector may be challenged pursuant to the provisions of NRS 38
293.303 or 293C.292 and may be required to furnish [proof] 39
evidence of his or her identity and subsequent change of name. 40
6. Except as otherwise provided in subsection 8 and NRS 41
293.5768 to 293.57699, inclusive, and 293.5772 to 293.5887, 42
inclusive, an elector who registers to vote pursuant to paragraph (a) 43
of subsection 1 shall be deemed to be registered upon the 44
completion of an application to register to vote. 45
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7. After the county clerk determines that the application to 1
register to vote of a person is complete and that, except as otherwise 2
provided in NRS 293D.210, the person is eligible to vote pursuant 3
to NRS 293.485, the county clerk shall issue a voter registration 4
card to the voter. 5
8. If a person or an elector submits an application to preregister 6
or register to vote or an affidavit described in paragraph (c) of 7
subsection 1 of NRS 293.507 that contains any handwritten 8
additions, erasures or interlineations, the county clerk may object to 9
the application if the county clerk believes that because of such 10
handwritten additions, erasures or interlineations, the application is 11
incomplete or that, except as otherwise provided in NRS 293D.210, 12
the person is not eligible to preregister pursuant to NRS 293.4855 or 13
the elector is not eligible to vote pursuant to NRS 293.485, as 14
applicable. If the county clerk objects pursuant to this subsection, he 15
or she shall immediately notify the person or elector, as applicable, 16
and the district attorney of the county. Not later than 5 business days 17
after the district attorney receives such notification, the district 18
attorney shall advise the county clerk as to whether: 19
(a) The application is complete and, except as otherwise 20
provided in NRS 293D.210, the person is eligible to preregister 21
pursuant to NRS 293.4855 or the elector is eligible to vote pursuant 22
to NRS 293.485; and 23
(b) The county clerk should proceed to process the application. 24
9. If the district attorney advises the county clerk to process the 25
application pursuant to subsection 8, the county clerk shall 26
immediately issue a voter registration card to the applicant, unless 27
the applicant is preregistered to vote and does not currently meet the 28
requirements to be issued a voter registration card pursuant to 29
NRS 293.4855. 30
Sec. 65. NRS 293.541 is hereby amended to read as follows: 31
293.541 1. The county clerk shall cancel the preregistration 32
of a person or the registration of a voter if: 33
(a) After consultation with the district attorney, the district 34
attorney determines that there is probable cause to believe that 35
information in the application to preregister or register to vote 36
concerning the identity or residence of the person or voter is 37
fraudulent; 38
(b) The county clerk provides a notice as required pursuant to 39
subsection 2 or executes an affidavit of cancellation pursuant to 40
subsection 3; and 41
(c) The person or voter fails to present satisfactory [proof] 42
evidence of identity and residence pursuant to subsection 2, 4 or 5. 43
2. Except as otherwise provided in subsection 3, the county 44
clerk shall notify the person or voter by registered or certified mail, 45
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return receipt requested, of a determination made pursuant to 1
subsection 1. The notice must set forth the grounds for cancellation. 2
Unless the person or voter, within 15 days after the return receipt 3
has been filed in the office of the county clerk, presents satisfactory 4
[proof] evidence of identity and residence to the county clerk, the 5
county clerk shall cancel the person’s preregistration or the voter’s 6
registration, as applicable. 7
3. If insufficient time exists before a pending election to 8
provide the notice required by subsection 2 to a registered voter, the 9
county clerk shall execute an affidavit of cancellation and attach a 10
copy of the affidavit of cancellation in the roster. 11
4. If a voter appears to vote at the election next following the 12
date that an affidavit of cancellation was executed for the voter 13
pursuant to this section, the voter must be allowed to vote only if the 14
voter furnishes: 15
(a) [Official identification which contains a photograph] Proof 16
of [the voter, including, without limitation, a driver’s license or 17
other official document;] identity; and 18
(b) Satisfactory [identification that contains proof] evidence of 19
the address at which the voter actually resides and that address is 20
consistent with the address listed on the roster. 21
5. If a determination is made pursuant to subsection 1 22
concerning information in the registration to vote of a voter and [a 23
mail] an absent ballot is received from the voter, the [mail] absent 24
ballot must be kept separate from other ballots and must not be 25
counted unless the voter presents satisfactory proof of identity to the 26
county clerk [of identity] and satisfactory proof of residence before 27
such ballots are counted on election day. 28
6. For the purposes of this section, a voter registration card 29
does not provide [proof] evidence of the: 30
(a) Address at which a person actually resides; or 31
(b) Residence [or identity] of a person. 32
Sec. 66. NRS 293.5768 is hereby amended to read as follows: 33
293.5768 1. The following agencies are automatic voter 34
registration agencies: 35
(a) The Department of Motor Vehicles; 36
(b) The Department of Health and Human Services; 37
(c) Any agency designated by the Director of the Department of 38
Health and Human Services to receive applications for Medicaid; 39
(d) The Silver State Health Insurance Exchange created by 40
NRS 695I.200; 41
(e) Any agency that has been designated by the Governor as an 42
automatic voter registration agency pursuant to NRS 293.57682; and 43
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(f) Any agency of an Indian tribe that has been designated by the 1
Governor to be an automatic voter registration agency pursuant to 2
NRS 293.57684. 3
2. If, in the normal course of business, an automatic voter 4
registration agency collects sufficient information that demonstrates 5
a person is qualified to vote pursuant to NRS 293.485, including, 6
without limitation, [proof] evidence of identity, citizenship, 7
residence and date of birth, the provisions of NRS 293.5768 to 8
293.57699, inclusive, apply to the automatic voter registration 9
agency when a person submits any of the following: 10
(a) An application for the issuance or renewal of or change of 11
address for any type of driver’s license or identification card issued 12
by the Department of Motor Vehicles; 13
(b) An application for Medicaid through the system established 14
by the Department of Health and Human Services pursuant to 15
NRS 422.2703; 16
(c) An application for health insurance through the Silver State 17
Health Insurance Exchange; and 18
(d) An application for any service or assistance from an 19
automatic voter registration agency described in paragraph (e) or (f) 20
of subsection 1. 21
3. An automatic voter registration agency shall not: 22
(a) Request any additional information for purposes of voter 23
registration that is not required in the normal course of business; and 24
(b) Transmit any information about a person using the system 25
established pursuant to NRS 293.57686 if the person did not provide 26
the agency in the normal course of business sufficient information 27
that demonstrates the person is qualified to vote pursuant to NRS 28
293.485, including, without limitation, [proof] evidence of identity, 29
citizenship, residence and date of birth. 30
Sec. 67. NRS 293.57682 is hereby amended to read as 31
follows: 32
293.57682 1. The Governor may designate any agency in the 33
Executive Department of the State Government not described in 34
paragraphs (a) to (d), inclusive, of subsection 1 of NRS 293.5768 as 35
an automatic voter registration agency if the agency collects in the 36
regular course of business from a person applying to the agency to 37
receive any service or assistance sufficient information that 38
demonstrates a person is qualified to vote pursuant to NRS 293.485, 39
including, without limitation, [proof] evidence of identity, 40
citizenship, residence and date of birth. 41
2. Upon the designation of an agency as an automatic voter 42
registration agency pursuant to subsection 1: 43
(a) The Governor shall notify the Secretary of State; and 44
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(b) The Secretary of State and the automatic voter registration 1
agency shall comply with the provisions of NRS 293.57686. 2
Sec. 68. NRS 293.57684 is hereby amended to read as 3
follows: 4
293.57684 1. If an Indian reservation or Indian colony is 5
located in whole or in part within a county, the Indian tribe may 6
submit a request to the Governor for approval to allow an agency of 7
the tribe to become an automatic voter registration agency in order 8
to submit voter registration information of tribal members to the 9
Secretary of State and the database created by the Secretary of State 10
pursuant to NRS 293.675 for the purpose of registering tribal 11
members to vote or updating the voter registration information of 12
tribal members for the purpose of correcting the statewide voter 13
registration list pursuant to NRS 293.530. 14
2. If the Governor finds that the tribal agency collects in the 15
regular course of business from a person applying to the agency to 16
receive any service or assistance sufficient information that 17
demonstrates the person is qualified to vote pursuant to NRS 18
293.485, including, without limitation, [proof] evidence of identity, 19
citizenship, residence and date of birth: 20
(a) The Governor shall designate the tribal agency as an 21
automatic voter registration agency; and 22
(b) The Secretary of State and the Indian tribe shall comply with 23
the provisions of NRS 293.57686. 24
Sec. 69. NRS 293.57691 is hereby amended to read as 25
follows: 26
293.57691 1. A county clerk shall not reject as an application 27
to register to vote the information received from an automatic voter 28
registration agency solely on the basis that the information does not 29
contain an electronic facsimile of the signature of the person who is 30
applying to vote or update his or her voter registration information 31
on the statewide voter registration list. 32
2. If the county clerk does not receive an electronic facsimile 33
of the signature of the person from the automatic voter registration 34
agency, the county clerk must obtain the person’s signature or an 35
electronic facsimile of the person’s signature through one of the 36
following methods: 37
(a) Through the notice provided by the county clerk to the 38
person pursuant to NRS 293.57693, if the notice is returned to 39
the county clerk by the person and the returned notice includes the 40
person’s signature; 41
(b) Requesting an electronic facsimile of the person’s signature 42
from the Department of Motor Vehicles or another state agency; 43
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(c) Requesting the person to submit an electronic facsimile of 1
the person’s signature through a method approved by the Secretary 2
of State; or 3
(d) Requesting the person to sign a paper or electronic form the 4
first time the person applies to vote in person at a polling place, 5
including, without limitation, a polling place for early voting by 6
personal appearance. A signature provided by a person pursuant to 7
this paragraph must be compared to one of the forms of 8
[identification] the person’s proof of identity which [may be used 9
individually to identify a voter at the polling place set forth in NRS 10
293.277] includes his or her signature before the person is allowed 11
to vote in person. 12
3. In addition to the requirements of this section and NRS 13
293.2725, a person who is registered to vote pursuant to NRS 14
293.5768 to 293.57699, inclusive, must provide an affirmation 15
signed under penalty of perjury that the person is eligible to vote the 16
first time a person votes in person or by [mail] absent ballot if the 17
person has not already provided such an affirmation to the county 18
clerk. 19
Sec. 70. NRS 293.5837 is hereby amended to read as follows: 20
293.5837 1. An elector may register to vote in the county or 21
city, as applicable, in which the elector is eligible to vote by 22
submitting an application to register to vote by computer using the 23
system established by the Secretary of State pursuant to NRS 24
293.671 before the elector appears at a polling place described in 25
subsection 2 to vote in person. 26
2. If an elector submits an application to register to vote 27
pursuant to this section less than 14 days before the election, the 28
elector may vote only in person: 29
(a) During the period for early voting, at any polling place for 30
early voting by personal appearance in the county or city, as 31
applicable, in which the elector is eligible to vote; or 32
(b) On the day of the election, at: 33
(1) A polling place established pursuant to NRS 293.3072 or 34
293C.3032 in the county or city, as applicable, in which the elector 35
is eligible to vote; or 36
(2) The polling place for his or her election precinct. 37
3. To vote in person, an elector who submits an application to 38
register to vote pursuant to this section must: 39
(a) Appear before the close of polls at a polling place described 40
in subsection 2; 41
(b) Inform an election board officer that, before appearing at the 42
polling place, the elector submitted an application to register to vote 43
by computer using the system established by the Secretary of State 44
pursuant to NRS 293.671; and 45
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(c) Except as otherwise provided in subsection 4, provide his or 1
her current and valid driver’s license or identification card issued by 2
the Department of Motor Vehicles which shows his or her physical 3
address as [proof] evidence of the elector’s identity and residency. 4
4. If the driver’s license or identification card issued by the 5
Department of Motor Vehicles to the elector does not have the 6
elector’s current residential address, the following documents may 7
be used to establish the residency of the elector if the current 8
residential address of the elector, as indicated on his or her 9
application to register to vote, is displayed on the document: 10
(a) A military identification card; 11
(b) A utility bill, including, without limitation, a bill for electric, 12
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 13
television service; 14
(c) A bank or credit union statement; 15
(d) A paycheck; 16
(e) An income tax return; 17
(f) A statement concerning the mortgage, rental or lease of a 18
residence; 19
(g) A motor vehicle registration; 20
(h) A property tax statement; or 21
(i) Any other document issued by a governmental agency. 22
5. Subject to final verification, if an elector submits an 23
application to register to vote and appears at a polling place to vote 24
in person pursuant to this section: 25
(a) The elector shall be deemed to be conditionally registered to 26
vote at the polling place upon: 27
(1) The determination that the elector submitted the 28
application to register to vote by computer using the system 29
established by the Secretary of State pursuant to NRS 293.671 and 30
that the application to register to vote is complete; and 31
(2) The verification of the elector’s identity and residency 32
pursuant to this section. 33
(b) After the elector is deemed to be conditionally registered to 34
vote at the polling place pursuant to paragraph (a), the elector: 35
(1) May vote in the election only at that polling place; 36
(2) Must vote as soon as practicable and before leaving that 37
polling place; and 38
(3) Must vote by casting a provisional ballot, unless it is 39
verified, at that time, that the elector is qualified to register to vote 40
and to cast a regular ballot in the election at that polling place. 41
Sec. 71. NRS 293.5842 is hereby amended to read as follows: 42
293.5842 1. Notwithstanding the close of any method of 43
registration for an election pursuant to NRS 293.560 or 293C.527, 44
an elector may register to vote in person at any polling place for 45
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early voting by personal appearance in the county or city, as 1
applicable, in which the elector is eligible to vote. 2
2. To register to vote in person during the period for early 3
voting, an elector must: 4
(a) Appear before the close of polls at a polling place for early 5
voting by personal appearance in the county or city, as applicable, in 6
which the elector is eligible to vote. 7
(b) Complete the application to register to vote by a method 8
authorized by the county or city clerk pursuant to this paragraph. 9
The county or city clerk shall authorize at least one of the following 10
methods for a person to register to vote pursuant to this paragraph: 11
(1) A paper application; or 12
(2) The system established by the Secretary of State pursuant 13
to NRS 293.671. 14
If the county or city clerk authorizes the use of both methods, the 15
county or city clerk may limit the use of one method to 16
circumstances when the other method is not reasonably available. 17
(c) Except as otherwise provided in subsection 3, provide his or 18
her current and valid driver’s license or identification card issued by 19
the Department of Motor Vehicles which shows his or her physical 20
address as [proof] evidence of the elector’s identity and residency. 21
3. If the driver’s license or identification card issued by the 22
Department of Motor Vehicles to the elector does not have the 23
elector’s current residential address, the following documents may 24
be used to establish the residency of the elector if the current 25
residential address of the elector, as indicated on his or her 26
application to register to vote, is displayed on the document: 27
(a) A military identification card; 28
(b) A utility bill, including, without limitation, a bill for electric, 29
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 30
television service; 31
(c) A bank or credit union statement; 32
(d) A paycheck; 33
(e) An income tax return; 34
(f) A statement concerning the mortgage, rental or lease of a 35
residence; 36
(g) A motor vehicle registration; 37
(h) A property tax statement; or 38
(i) Any other document issued by a governmental agency. 39
4. Subject to final verification, if an elector registers to vote in 40
person at a polling place pursuant to this section: 41
(a) The elector shall be deemed to be conditionally registered to 42
vote at the polling place upon: 43
(1) The determination that the application to register to vote 44
is complete; and 45
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(2) The verification of the elector’s identity and residency 1
pursuant to this section. 2
(b) After the elector is deemed to be conditionally registered to 3
vote at the polling place pursuant to paragraph (a), the elector: 4
(1) May vote in the election only at that polling place; 5
(2) Must vote as soon as practicable and before leaving that 6
polling place; and 7
(3) Must vote by casting a provisional ballot, unless it is 8
verified, at that time, that the elector is qualified to register to vote 9
and to cast a regular ballot in the election at that polling place. 10
Sec. 72. NRS 293.5847 is hereby amended to read as follows: 11
293.5847 1. Notwithstanding the close of any method of 12
registration for an election pursuant to NRS 293.560 or 293C.527, 13
an elector may register to vote in person on the day of the election at 14
any polling place in the county or city, as applicable, in which the 15
elector is eligible to vote. 16
2. To register to vote on the day of the election, an elector 17
must: 18
(a) Appear before the close of polls at a polling place in the 19
county or city, as applicable, in which the elector is eligible to vote. 20
(b) Complete the application to register to vote by a method 21
authorized by the county or city clerk pursuant to this paragraph. 22
The county or city clerk shall authorize at least one of the following 23
methods for a person to register to vote pursuant to this paragraph: 24
(1) A paper application; or 25
(2) The system established by the Secretary of State pursuant 26
to NRS 293.671. 27
If the county or city clerk authorizes the use of both methods, the 28
county or city clerk may limit the use of one method to 29
circumstances when the other method is not reasonably available. 30
(c) Except as otherwise provided in subsection 3, provide his or 31
her current and valid driver’s license or identification card issued by 32
the Department of Motor Vehicles which shows his or her physical 33
address as [proof] evidence of the elector’s identity and residency. 34
3. If the driver’s license or identification card issued by the 35
Department of Motor Vehicles to the elector does not have the 36
elector’s current residential address, the following documents may 37
be used to establish the residency of the elector if the current 38
residential address of the elector, as indicated on his or her 39
application to register to vote, is displayed on the document: 40
(a) A military identification card; 41
(b) A utility bill, including, without limitation, a bill for electric, 42
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 43
television service; 44
(c) A bank or credit union statement; 45
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(d) A paycheck; 1
(e) An income tax return; 2
(f) A statement concerning the mortgage, rental or lease of a 3
residence; 4
(g) A motor vehicle registration; 5
(h) A property tax statement; or 6
(i) Any other document issued by a governmental agency. 7
4. Subject to final verification, if an elector registers to vote in 8
person at a polling place pursuant to this section: 9
(a) The elector shall be deemed to be conditionally registered to 10
vote at the polling place upon: 11
(1) The determination that the application to register to vote 12
is complete; and 13
(2) The verification of the elector’s identity and residency 14
pursuant to this section. 15
(b) After the elector is deemed to be conditionally registered to 16
vote at the polling place pursuant to paragraph (a), the elector: 17
(1) May vote in the election only at that polling place; 18
(2) Must vote as soon as practicable and before leaving that 19
polling place; and 20
(3) Must vote by casting a provisional ballot. 21
Sec. 73. NRS 293.730 is hereby amended to read as follows: 22
293.730 1. Except for an election board officer in the course 23
of the election board officer’s official duties, a person shall not: 24
(a) Remain in or outside of any polling place so as to interfere 25
with the conduct of the election. 26
(b) Accept from any voter a ballot prepared by or on behalf of 27
the voter, other than [a mail] an absent ballot or military-overseas 28
ballot prepared by or on behalf of the voter with his or her 29
authorization pursuant to this title. 30
(c) Remove a ballot from any polling place before the closing of 31
the polls. 32
(d) Apply for or receive a ballot at any election precinct or 33
district other than one at which the person is entitled to vote. 34
(e) Show his or her ballot to another person, after voting, so as 35
to reveal any of his or her votes on the ballot, other than on his or 36
her [mail] absent ballot or military-overseas ballot prepared by or 37
on behalf of the voter with his or her authorization pursuant to this 38
title. 39
(f) Inside a polling place, ask another person for his or her name, 40
address or political affiliation or for whom he or she intends to vote. 41
(g) Send, transmit, distribute or deliver a ballot to a voter, other 42
than [a mail] an absent ballot or military-overseas ballot when 43
permitted pursuant to this title. 44
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(h) Except when permitted by the voter, alter, change, deface, 1
damage or destroy [a mail] an absent ballot or military-overseas 2
ballot prepared by or on behalf of the voter with his or her 3
authorization pursuant to this title. 4
2. A voter shall not: 5
(a) Accept a ballot from another person, other than an election 6
board officer in the course of the election board officer’s official 7
duties or a person who sends, transmits, distributes or delivers [a 8
mail] an absent ballot or military-overseas ballot to the voter when 9
permitted pursuant to this title. 10
(b) Deliver to an election board officer in the course of the 11
election board officer’s official duties any ballot other than the one 12
received. 13
(c) Place any mark upon his or her ballot by which it may 14
afterward be identified as the one that he or she voted, other than 15
any such mark that is permitted to be placed on [a mail] an absent 16
ballot or military-overseas ballot prepared by or on behalf of the 17
voter with his or her authorization pursuant to this title. 18
3. [A person other than a county or city clerk shall not set up a 19
ballot drop box that purports to be an official ballot drop box for 20
mail ballots. 21
4.] Any person who violates any provision of this section is 22
guilty of a category E felony and shall be punished as provided in 23
NRS 193.130. 24
Sec. 74. NRS 293.775 is hereby amended to read as follows: 25
293.775 1. A person who is not a qualified elector and who 26
votes or attempts to vote knowing that he or she is not a qualified 27
elector is guilty of a category D felony and shall be punished as 28
provided in NRS 193.130. 29
2. A person who votes or attempts to vote using the name of 30
another person , including, without limitation, voting the absent 31
ballot of another person, is guilty of a category D felony and shall 32
be punished as provided in NRS 193.130. 33
Sec. 75. Chapter 293B of NRS is hereby amended by adding 34
thereto a new section to read as follows: 35
The absent ballot central counting board shall: 36
1. Perform functions similar to those of the central ballot 37
inspection board and the ballot duplicating board as those 38
functions are applicable to absent ballots. 39
2. Bundle the empty absent ballot return envelopes according 40
to ballot type or precinct and deliver the bundles to the county 41
clerk. 42
3. Treat any absent ballot return envelope found not to 43
contain a ballot as a rejected ballot and place each such envelope 44
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in a separate larger envelope on which must be written the ballot 1
code or precinct and the reason for the rejection. 2
Sec. 76. NRS 293B.130 is hereby amended to read as follows: 3
293B.130 1. Before any election where a mechanical voting 4
system is to be used, the county clerk shall prepare or cause to be 5
prepared a computer program on cards, tape or other material 6
suitable for use with the computer or counting device to be 7
employed for counting the votes cast. The program must cause the 8
computer or counting device to operate in the following manner: 9
(a) All lawful votes cast by each voter must be counted. 10
(b) All unlawful votes, including, without limitation, overvotes 11
or, in a primary election or presidential preference primary election, 12
votes cast for a candidate of a major political party other than the 13
party, if any, of the registration of the voter must not be counted. 14
(c) If the election is: 15
(1) A primary election held in an even-numbered year; 16
(2) A presidential preference primary election; or 17
(3) A general election, 18
the total votes, other than [mail] absent ballots, must be 19
accumulated by precinct. 20
(d) The computer or counting device must halt or indicate by 21
appropriate signal if a ballot is encountered which lacks a code 22
identifying the precinct in which it was voted and, in a primary 23
election or presidential preference primary election, identifying the 24
major political party of the voter. 25
2. The program must be prepared under the supervision of the 26
accuracy certification board appointed pursuant to the provisions of 27
NRS 293B.140. 28
3. The county clerk shall take such measures as he or she 29
deems necessary to protect the program from being altered or 30
damaged. 31
Sec. 77. NRS 293B.360 is hereby amended to read as follows: 32
293B.360 1. To facilitate the processing and computation of 33
votes cast at any election conducted under a mechanical voting 34
system, the county clerk shall create a computer program and 35
processing accuracy board, and may create: 36
(a) A central ballot inspection board; 37
(b) [A mail] An absent ballot [inspection] central counting 38
board; 39
(c) A ballot duplicating board; 40
(d) A ballot processing and packaging board; and 41
(e) Such additional boards or appoint such officers as the county 42
clerk deems necessary for the expeditious processing of ballots. 43
2. Except as otherwise provided in subsection 3, the county 44
clerk may determine the number of members to constitute any 45
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board. The county clerk shall make any appointments from among 1
competent persons who are registered voters in this State. The 2
members of each board must represent all political parties as equally 3
as possible. The same person may be appointed to more than one 4
board but must meet the particular qualifications for each board to 5
which he or she is appointed. 6
3. If the county clerk creates a ballot duplicating board, the 7
county clerk shall appoint to the board at least two members. The 8
members of the ballot duplicating board must not all be of the same 9
political party. 10
4. All persons appointed pursuant to this section serve at the 11
pleasure of the county clerk. 12
Sec. 78. NRS 293B.380 is hereby amended to read as follows: 13
293B.380 1. The ballot processing and packaging board must 14
be composed of persons who are qualified in the use of the data 15
processing equipment to be operated for the voting count. 16
2. The board shall: 17
(a) Allow members of the general public to observe the counting 18
area where the computers are located during the period when ballots 19
are being processed if those members do not interfere with the 20
processing of the ballots. 21
(b) Receive ballots and maintain groupings of them by precinct. 22
(c) Before each counting of the ballots or computer run begins, 23
validate the testing material with the counting program. 24
(d) Maintain a log showing the sequence in which the ballots of 25
each precinct are processed, as a measure to ensure that the ballots 26
of all precincts are processed. 27
(e) After each counting of the ballots, again verify the testing 28
material with the counting program to substantiate that there has 29
been no substitution or irregularity. 30
(f) Record an explanation of any irregularity that occurs in the 31
processing. 32
(g) If the election is: 33
(1) A primary election held in an even-numbered year; or 34
(2) A general election, 35
ensure that a list is compiled indicating the total votes, other than 36
[mail] absent ballots, which each candidate accumulated in each 37
precinct. 38
(h) Collect all returns, programs, testing materials, ballots and 39
other items used in the election at the computer center and package 40
and deliver the items to the county clerk for sealing and storage. 41
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Sec. 79. Chapter 293C of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 80 to 104, inclusive, of 2
this act. 3
Sec. 80. 1. When it appears to the satisfaction of the city 4
clerk that an absent ballot central counting board will expedite the 5
work of tallying the absent ballot vote of the city, the city clerk may 6
appoint such a board. 7
2. In a city where an absent ballot central counting board has 8
been appointed, no central election board may be appointed. The 9
absent ballot central counting board shall perform the duties of 10
the central election board. 11
Sec. 81. 1. An absent ballot central counting board consists 12
of election board officers appointed in such numbers as the city 13
clerk determines to be required by the volume of absent ballots 14
requested. 15
2. The city clerk’s deputies who perform duties in connection 16
with elections shall be deemed officers of the absent ballot central 17
counting board. 18
3. When requested by the city clerk, the chief law 19
enforcement officer of the city shall appoint an officer to keep 20
order during the counting of the absent ballot votes by the absent 21
ballot central counting board. 22
4. The absent ballot central counting board is under the 23
direction of the city clerk. 24
Sec. 82. An absent ballot for a city election must be voted: 25
1. On a paper ballot; or 26
2. By any other system authorized by state or federal law. 27
Sec. 83. As used in sections 83 to 90, inclusive, of this act, 28
“sufficient written notice” means a: 29
1. Written request for an absent ballot that is signed by the 30
registered voter and returned to the city clerk in person or by mail 31
or approved electronic transmission; 32
2. Form prescribed by the Secretary of State that is completed 33
and signed by the registered voter and returned to the city clerk in 34
person or by mail or approved electronic transmission; or 35
3. Form provided by the Federal Government. 36
Sec. 84. 1. The city clerk shall prepare an absent ballot for 37
the use of registered voters who have requested absent ballots. The 38
city clerk shall make reasonable accommodations for the use of 39
the absent ballot by a person who is elderly or disabled, including, 40
without limitation, by providing, upon request, the absent ballot in 41
12-point type to a person who is elderly or disabled. 42
2. The ballot must be prepared and ready for distribution to a 43
registered voter who: 44
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(a) Except as otherwise provided in paragraph (b), resides 1
within or outside this State, not later than 20 days before the city 2
election in which it will be used. 3
(b) Requested an absent ballot pursuant to the provisions of 4
the Uniformed and Overseas Citizens Absentee Voting Act, 52 5
U.S.C. §§ 20301 et seq., not later than 45 days before the election. 6
3. Any untimely legal action which would prevent the ballot 7
from being distributed to any voter pursuant to subsection 2 is 8
moot and of no effect. 9
Sec. 85. 1. A person who, during the 6 months immediately 10
preceding an election, distributes to more than a total of 500 11
registered voters a form to request an absent ballot for the election 12
shall: 13
(a) Distribute the form prescribed by the Secretary of State, 14
which must, in 14-point type or larger at the top of the first page of 15
the form: 16
(1) Identify the person who is distributing the form; and 17
(2) Include the following notice stating, with the first 18
sentence of the notice in bold type: 19
20
This is not an official elections notice from the Secretary 21
of State or your county or city clerk. This is a form to 22
request an absent ballot that you may submit to your county 23
or city clerk if you want to vote by absent ballot. However, 24
even if you want to vote by absent ballot, you do not need to 25
submit this form if you have already requested an absent 26
ballot for this election year or are already entitled to receive 27
an absent ballot for all elections. 28
29
(b) Not later than 28 days before distributing such a form, 30
provide to the city clerk of each city to which a form will be 31
distributed written notification of the approximate number of 32
forms to be distributed to voters in the city and of the first date on 33
which the forms will be distributed. 34
(c) Not return or offer to return to a city clerk a form that was 35
mailed to a registered voter pursuant to this subsection. 36
(d) Not mail such a form later than 35 days before the election. 37
2. The provisions of this section do not authorize a person to 38
vote by absent ballot if the person is not otherwise eligible to vote 39
by absent ballot. 40
Sec. 86. 1. Except as otherwise provided in chapter 293D of 41
NRS and section 97 of this act, a registered voter who requests and 42
receives an absent ballot may vote only by absent ballot at the 43
election for which the absent ballot was issued. 44
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2. If a registered voter has requested an absent ballot and the 1
absent ballot has been mailed or issued, the city clerk shall notify 2
the appropriate election board that the registered voter has 3
requested an absent ballot. 4
Sec. 87. 1. Except as otherwise provided in NRS 293.502 5
and 293C.265 and sections 89 and 90 of this act, a registered voter 6
may request an absent ballot if, before 5 p.m. on the 14th calendar 7
day preceding the election, the registered voter: 8
(a) Provides sufficient written notice to the city clerk; and 9
(b) Has identified himself or herself to the satisfaction of the 10
city clerk. 11
2. A city clerk shall consider a request from a registered voter 12
who has given sufficient written notice on a form provided by 13
the Federal Government as a request for an absent ballot for the 14
primary city and general city elections immediately following the 15
date on which the city clerk received the request. 16
3. It is unlawful for a person fraudulently to request an 17
absent ballot in the name of another person or to induce or coerce 18
another person fraudulently to request an absent ballot in the 19
name of another person. A person who violates any provision of 20
this subsection is guilty of a category E felony and shall be 21
punished as provided in NRS 193.130. 22
Sec. 88. 1. Every request for an absent ballot must be made 23
available for public inspection. 24
2. A city clerk who allows a person to copy information from 25
an application for an absent ballot is immune from any civil or 26
criminal liability for any damage caused by the distribution of that 27
information, unless the city clerk knowingly and willingly allows a 28
person who intends to use the information to further an unlawful 29
act to copy such information. 30
Sec. 89. 1. Any registered voter who is unable to go to the 31
polls: 32
(a) Because of an illness or disability resulting in confinement 33
in a hospital, sanatorium, dwelling or nursing home; or 34
(b) Because the registered voter is suddenly hospitalized, 35
becomes seriously ill or is called away from home after the time 36
has elapsed for requesting an absent ballot for the election 37
pursuant to subsection 1 of section 87 of this act, 38
may submit a written request to the city clerk for an absent 39
ballot. The request must be submitted before 5 p.m. on the day of 40
the election. 41
2. If the city clerk determines that a request submitted 42
pursuant to subsection 1 includes the information required 43
pursuant to subsection 3, the city clerk shall, at the office of the 44
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city clerk, deliver an absent ballot to the person designated in the 1
request to obtain the absent ballot for the registered voter. 2
3. A written request submitted pursuant to subsection 1 must 3
include: 4
(a) The name, address and signature of the registered voter 5
requesting the absent ballot; 6
(b) The name, address and signature of the person designated 7
by the registered voter to obtain, deliver and return the absent 8
ballot for the registered voter; 9
(c) A brief statement of the illness or disability of the registered 10
voter or of facts sufficient to establish that the registered voter was 11
called away from home after the time had elapsed for requesting 12
the absent ballot; 13
(d) If the registered voter is confined in a hospital, sanatorium, 14
dwelling or nursing home, a statement that he or she will be 15
confined therein on the day of the election; and 16
(e) Unless the person designated pursuant to paragraph (b) 17
will mark and sign the absent ballot on behalf of the registered 18
voter pursuant to subsection 5, a statement signed under penalty 19
of perjury that only the registered voter will mark and sign the 20
absent ballot. 21
4. Except as otherwise provided in subsection 5, in order to 22
vote the absent ballot, the registered voter must, in accordance 23
with the instructions: 24
(a) Mark and fold the absent ballot; 25
(b) Deposit the absent ballot in the return envelope and seal 26
the return envelope; 27
(c) Affix his or her signature on the return envelope in the 28
space provided for the signature; 29
(d) Write in the space provided on the return envelope one of 30
the following: 31
(1) The last four digits of his or her driver’s license number 32
issued by the Department of Motor Vehicles; 33
(2) If the voter does not have a driver’s license number 34
issued by the Department of Motor Vehicles, the last four digits of 35
his or her social security number; or 36
(3) If the voter does not have a driver’s license number 37
issued by the Department of Motor Vehicles or a social security 38
number, the identification number issued by the county clerk 39
pursuant to NRS 293.507; 40
(e) Close the attached flap over the signature and identifying 41
numbers written on the return envelope; and 42
(f) Mail or deliver the return envelope in a manner authorized 43
by law. 44
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5. A person designated in a request submitted pursuant to 1
subsection 3 may, on behalf of and at the direction of the 2
registered voter, mark and sign the absent ballot. If the person 3
marks and signs the absent ballot pursuant to this section, the 4
person must: 5
(a) Indicate next to his or her signature that the absent ballot 6
has been marked and signed on behalf of the registered voter; and 7
(b) Submit a written statement with the absent ballot that 8
indicates the name, address and signature of the person. 9
6. An absent ballot prepared by or on behalf of the registered 10
voter pursuant to this section must be mailed or delivered to the 11
city clerk in accordance with section 91 of this act. 12
7. The procedure authorized by this section is subject to all 13
other provisions of this chapter relating to voting by absent ballot 14
to the extent that those provisions are not inconsistent with the 15
provisions of this section. 16
Sec. 90. 1. A registered voter who provides sufficient 17
written notice to the appropriate city clerk may request that the 18
registered voter receive an absent ballot for all elections at which 19
the registered voter is eligible to vote. 20
2. Except as otherwise provided in subsection 4, upon receipt 21
of a request submitted by a registered voter pursuant to subsection 22
1, the city clerk shall: 23
(a) Issue an absent ballot to the registered voter for each 24
primary city election, general city election and special city election 25
that is conducted after the date the written statement is submitted 26
to the city clerk. 27
(b) Inform the applicable county clerk of the receipt of the 28
written statement. Upon receipt of the notice from the city clerk, 29
the county clerk shall issue an absent ballot for each primary 30
election, presidential preference primary election, general election 31
and special election that is not a city election that is conducted 32
after the date the county clerk receives notice from the city clerk. 33
3. If, at the direction of a registered voter with a physical 34
disability or who is at least 65 years of age, a person: 35
(a) Marks and signs an absent ballot issued to the registered 36
voter pursuant to the provisions of this section on behalf of the 37
registered voter, the person must: 38
(1) Indicate next to his or her signature that the ballot has 39
been marked and signed on behalf of the registered voter; and 40
(2) Submit a written statement with the absent ballot that 41
includes the name, address and signature of the person. 42
(b) Assists the registered voter to mark and sign an absent 43
ballot issued to the registered voter pursuant to this section, the 44
person or registered voter must submit a written statement with the 45
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absent ballot that includes the name, address and signature of the 1
person. 2
4. A city clerk may not mail an absent ballot requested by a 3
registered voter pursuant to subsection 1 if, after the request is 4
submitted: 5
(a) The registered voter is designated inactive pursuant to 6
NRS 293.530; 7
(b) The county clerk cancels the registration of the person 8
pursuant to NRS 293.530, 293.535 or 293.540; or 9
(c) An absent ballot is returned to the county clerk as 10
undeliverable, unless the registered voter has submitted a new 11
request pursuant to subsection 1. 12
5. The procedure authorized pursuant to this section is 13
subject to all other provisions of this chapter relating to voting by 14
absent ballot to the extent that those provisions are not 15
inconsistent with the provisions of this section. 16
Sec. 91. 1. Except as otherwise provided in subsection 2, 17
absent ballots must be: 18
(a) Delivered by hand to the city clerk before the time set for 19
closing of the polls pursuant to NRS 293C.267; or 20
(b) Mailed to the city clerk, and: 21
(1) Postmarked at least 3 days before the day of the 22
election; and 23
(2) Received by the city clerk within the period for the 24
counting of the absent ballots pursuant to subsection 2 of section 25
98 of this act. 26
2. If an absent ballot is received not more than 3 days after 27
the day of the election and the date of the postmark cannot be 28
determined, the absent ballot shall be deemed to have been 29
postmarked at least 3 days before the day of the election. 30
Sec. 92. The city clerk shall determine before issuing an 31
absent ballot that the person who requested the absent ballot is a 32
registered voter in the proper city. 33
Sec. 93. 1. Except as otherwise provided in subsection 2 34
and chapter 293D of NRS, if the request for an absent ballot is 35
made properly, the city clerk shall, as soon as the official absent 36
ballot for the precinct or district in which the voter resides has 37
been printed, send to the voter by first-class mail, or by any class 38
of mail if the Official Election Mail logo or mark created by the 39
United States Postal Service is properly placed on the official 40
absent ballot: 41
(a) An absent ballot; 42
(b) A return envelope, which must include, without limitation, 43
a flap to cover the signature and identifying numbers of the voter 44
required to be written on the return envelope; 45
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(c) An envelope or similar device into which the ballot is 1
inserted to ensure its secrecy; and 2
(d) An identification envelope, if applicable; and 3
(e) Instructions. 4
2. If the city clerk fails to send an absent ballot pursuant to 5
subsection 1 to a voter who resides within the continental United 6
States, the city clerk may use approved electronic transmission to 7
send an absent ballot and instructions to the voter. The voter may 8
mail the absent ballot to the city clerk or submit the absent ballot 9
by approved electronic transmission. 10
3. The return envelope sent pursuant to subsection 1 must 11
include postage prepaid by first-class mail if the absent voter is 12
within the boundaries of the United States, its territories or 13
possessions or on a military base. 14
4. Nothing may be enclosed or sent with an absent ballot 15
except as required by subsection 1 or 2 and chapter 293D of NRS. 16
5. Before depositing a ballot with the United States Postal 17
Service or sending a ballot by approved electronic transmission, 18
the city clerk shall record the date the ballot is issued, the name of 19
the registered voter to whom it is issued, the registered voter’s 20
precinct or district, the number of the ballot and any remarks the 21
city clerk finds appropriate. 22
6. The Secretary of State shall adopt regulations to carry out 23
the provisions of subsection 2. 24
Sec. 94. 1. Except as otherwise provided in NRS 293D.200, 25
when an absent ballot is returned by an absent voter to the city 26
clerk through the mail, by facsimile machine or other approved 27
electronic transmission or in person, and record of its return is 28
made in the absent ballot record for the election, the city clerk or 29
an employee in the office of the city clerk shall: 30
(a) Except as otherwise provided in paragraph (b), verify that 31
the last four digits of the driver’s license number or social security 32
number, as applicable, written on the return envelope match the 33
information of the voter in the records of the city clerk; 34
(b) If the voter has written the identification number issued by 35
the city clerk pursuant to NRS 293.507, verify that the 36
identification number matches the information of the voter in the 37
records of the city clerk; and 38
(c) Check the signature used for the absent ballot against all 39
signatures of the absent voter available in the records of the city 40
clerk. 41
2. Except as otherwise provided in subsection 3, if the city 42
clerk determines pursuant to subsection 1 that the absent voter is 43
entitled to cast the absent ballot and: 44
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(a) No absent ballot central counting board has been 1
appointed, the city clerk shall neatly stack, unopened, the absent 2
ballot with any other absent ballot received that day in a container 3
and deliver, or cause to be delivered, that container to the 4
appropriate election board. 5
(b) An absent ballot central counting board has been 6
appointed, the city clerk shall deposit the absent ballot in the 7
proper ballot box or place the absent ballot, unopened, in a 8
container that must be securely locked or under the control of the 9
city clerk at all times. At the end of each day before election day, 10
the city clerk may remove the absent ballots from each ballot box, 11
neatly stack the absent ballots in a container and seal the 12
container with a numbered seal. Not earlier than 4 working days 13
before the election, the city clerk shall deliver the absent ballots to 14
the absent ballot central counting board to be processed and 15
prepared for counting pursuant to the procedures established by 16
the Secretary of State to ensure the confidentiality of the prepared 17
ballots until after the polls have closed pursuant to NRS 293C.267 18
or 293C.297. 19
3. If the city clerk determines when checking the signature of 20
the absent voter pursuant to subsection 1 that the absent voter did 21
not include the necessary information or sign the return envelope 22
but is otherwise entitled to cast the absent ballot, the city clerk 23
shall contact the absent voter and advise the voter of the 24
procedures to provide the necessary information or a signature. 25
For the absent ballot to be counted, the absent voter must provide 26
a signature within the period for the counting of absent ballots 27
pursuant to subsection 2 of section 98 of this act. 28
Sec. 95. 1. If: 29
(a) A request for an absent ballot is made by a registered voter 30
in person; and 31
(b) The governing body of the city, pursuant to paragraph (b) 32
of subsection 2 of NRS 293C.110, has provided for voting by 33
absent ballot in person, 34
the city clerk shall issue an absent ballot to the registered voter, 35
and the ballot must be voted on the premises of the city clerk’s 36
office and returned to the city clerk. The city clerk shall follow the 37
same procedure as in the case of absent ballots received by mail. 38
2. If the governing body of the city has provided for voting by 39
absent ballot in person pursuant to paragraph (b) of subsection 2 40
of NRS 293C.110, at least 20 days before a primary city election or 41
general city election until 5 p.m. on: 42
(a) The Friday before the election; or 43
(b) If the city clerk’s office is not scheduled to be open on the 44
Friday before the election, the Thursday before the election, 45
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each city clerk shall provide a voting booth, with suitable 1
equipment for voting, on the premises of the city clerk’s office for 2
use by registered voters who are issued absent ballots in 3
accordance with this section. 4
Sec. 96. 1. During the period specified in subsection 2 of 5
section 95 of this act when the city clerk’s office is maintained 6
with suitable equipment for voting an absent ballot in person: 7
(a) A person may not electioneer for or against any candidate, 8
measure or political party in or within 100 feet from the entrance 9
to the city clerk’s office. 10
(b) The city clerk shall keep continuously posted: 11
(1) At each entrance to the city clerk’s office, a sign on 12
which is printed in large letters “Polling Place for Voting Absent 13
Ballots”; and 14
(2) At the outer limits of the area within which 15
electioneering is prohibited, a sign on which is printed in large 16
letters “Distance Marker: No electioneering between this point 17
and any entrance to the city clerk’s office.” 18
2. Ropes or other suitable objects may be used at the city 19
clerk’s office to ensure compliance with this section. 20
3. Any person who willfully violates the provisions of this 21
section is guilty of a gross misdemeanor. 22
Sec. 97. 1. Except as otherwise provided in NRS 23
293.269951, chapter 293D of NRS and subsection 2 of section 93 24
of this act, to vote an absent ballot, the voter must: 25
(a) Mark and fold the absent ballot; 26
(b) Deposit the absent ballot in the return envelope and seal 27
the return envelope; 28
(c) Affix his or her signature on the return envelope in the 29
space provided for the signature; 30
(d) Write in the space provided on the return envelope one of 31
the following: 32
(1) The last four digits of his or her driver’s license number 33
issued by the Department of Motor Vehicles; 34
(2) If the voter does not have a driver’s license number 35
issued by the Department of Motor Vehicles, the last four digits of 36
his or her social security number; or 37
(3) If the voter does not have a driver’s license number 38
issued by the Department of Motor Vehicles or a social security 39
number, the identification number issued by the county clerk 40
pursuant to NRS 293.507. 41
(e) Close the attached flap over the signature and identifying 42
numbers written on the return envelope; and 43
(f) Mail or deliver the return envelope in a manner authorized 44
by law. 45
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2. Except as otherwise provided in subsection 3, if a 1
registered voter who has requested an absent ballot applies to vote 2
the absent ballot in person at: 3
(a) The office of the city clerk, the voter must vote the absent 4
ballot in the same manner as provided in subsection 1, and deliver 5
the envelope to the city clerk. 6
(b) A polling place, including, without limitation, a polling 7
place for early voting, the voter must surrender the absent ballot 8
and provide proof of identity before being issued a ballot to vote at 9
the polling place. A person who receives a surrendered absent 10
ballot shall mark it “Cancelled.” 11
3. If a registered voter who has requested an absent ballot by 12
mail applies to vote in person at the office of the city clerk or a 13
polling place, including, without limitation, a polling place for 14
early voting, and the registered voter does not have the absent 15
ballot to deliver or surrender, the voter must be issued a ballot to 16
vote if the registered voter: 17
(a) Provides proof of identity; 18
(b) Is a registered voter who is otherwise entitled to vote; and 19
(c) Signs an affirmation under penalty of perjury on a form 20
prepared by the Secretary of State declaring that the registered 21
voter has not voted during the election. 22
4. Except as otherwise provided in sections 89 and 90 of this 23
act, it is unlawful for any person to return an absent ballot other 24
than the voter who requested the absent ballot or, at the request of 25
the registered voter, a member of the immediate family of the 26
voter. A person who returns an absent ballot and who is a member 27
of the immediate family of the registered voter who requested the 28
absent ballot: 29
(a) Shall, under penalty of perjury, indicate on a form 30
prescribed by the city clerk that the person is a member of the 31
immediate family of the registered voter who requested the absent 32
ballot and that the registered voter requested that the person 33
return the absent ballot; and 34
(b) Shall not return more than two absent ballots belonging to 35
a member of the person’s immediate family for any election. 36
5. A person who violates the provisions of subsection 4 is 37
guilty of a category E felony and shall be punished as provided in 38
NRS 193.130. 39
Sec. 98. 1. Except as otherwise provided in NRS 293D.200, 40
on the day of an election, the election boards receiving the absent 41
ballots from the city clerk shall, in the presence of a majority of 42
the election board officers, remove the absent ballots from the 43
ballot box and the containers in which the absent ballots were 44
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transported pursuant to section 94 of this act and deposit the 1
absent ballots in the regular ballot box in the following manner: 2
(a) The name of the absent voter, as shown on the return 3
envelope or approved electronic transmission, must be called and 4
checked as if the absent voter were voting in person; 5
(b) If the board determines that the absent voter is entitled to 6
cast the absent ballot, the return envelope must be opened, the 7
numbers on the absent ballot and return envelope or approved 8
electronic transmission compared, the number strip or stub 9
detached from the absent ballot, and, if the numbers are the same, 10
the absent ballot deposited in the regular ballot box; and 11
(c) The election board officers shall indicate the roster 12
“Voted” by the name of the absent voter. 13
2. Counting of absent ballots must continue through the 14
seventh day following the elections. 15
Sec. 99. When all absent ballots delivered to the election 16
boards have been voted or rejected, except as otherwise provided 17
in NRS 293D.200, the empty envelopes and the envelopes and 18
approved electronic transmissions containing the rejected absent 19
ballots must be returned to the city clerk. On all envelopes and 20
approved electronic transmissions containing the rejected absent 21
ballots the cause of the rejection must be noted and the envelope 22
or approved electronic transmission signed by a majority of the 23
election board officers. 24
Sec. 100. 1. In cities in which an absent ballot central 25
counting board is appointed, the city clerk shall provide a ballot 26
box in the city clerk’s office for each different ballot listing in the 27
city. 28
2. On each box there must appear a statement indicating the 29
precincts and district for which the box has been designated. 30
3. Except as otherwise provided in NRS 293D.200, each 31
absent ballot voted must be deposited in a ballot box according to 32
the precinct or district of the absent voter voting that ballot. 33
Sec. 101. An error in the information included by a 34
registered voter in a form to request an absent ballot does not 35
constitute grounds for rejecting an absent ballot cast by the 36
registered voter. 37
Sec. 102. 1. Not earlier than 4 working days before the 38
election, the counting board, if it is responsible for counting 39
absent ballots, or the absent ballot central counting board shall 40
withdraw the absent ballots from each ballot box or container that 41
holds absent ballots received before that day and ascertain 42
whether each box or container has the required number of absent 43
ballots according to the city clerk’s absent ballot record for the 44
election. 45
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2. The counting board or absent ballot central counting 1
board shall count the number of absent ballots in the same 2
manner as election boards. 3
Sec. 103. 1. Each day after the initial withdrawal of the 4
absent ballots pursuant to section 102 of this act and before the 5
day of the election, the counting board, if it is responsible for 6
counting absent ballots, or the absent ballot central counting 7
board shall withdraw from the appropriate ballot boxes or 8
containers all the absent ballots received the previous day and 9
determine whether each box or container has the required number 10
of absent ballots according to the city clerk’s absent ballot record 11
for the election. 12
2. If any absent ballots are received by the city clerk on 13
election day pursuant to section 89 of this act, the city clerk shall 14
deposit the absent ballots in the appropriate ballot boxes or 15
containers. 16
3. Not earlier than 4 working days before the election, the 17
appropriate board shall, in public, count the votes cast on the 18
absent ballots. 19
4. If paper ballots are used, the results of the absent ballot 20
vote in each precinct must be certified and submitted to the city 21
clerk, who shall have the results added to the regular votes of the 22
precinct. The returns of absent ballots must be reported separately 23
from the regular votes of the precinct, unless reporting the returns 24
separately would violate the secrecy of a voter’s ballot. The city 25
clerks shall develop a procedure to ensure that each ballot is kept 26
secret. 27
5. Any person who disseminates to the public information 28
relating to the count of absent ballots before the polls close is 29
guilty of a misdemeanor. 30
Sec. 104. The absent ballot inspection board shall: 31
1. Perform functions similar to those of the central ballot 32
inspection board and the ballot duplicating board as those 33
functions are applicable to absent ballots. 34
2. Bundle the empty absent ballot return envelopes according 35
to precinct and deliver the bundles to the city clerk. 36
3. Treat any absentee or mailing envelope found not to 37
contain a ballot as a rejected ballot and place that envelope in a 38
separate larger envelope on which must be written the ballot code 39
or precinct and the reason for the rejection. 40
Sec. 105. NRS 293C.110 is hereby amended to read as 41
follows: 42
293C.110 1. Except as otherwise provided in subsection 2 43
and NRS 293.5817 , [and 293C.263 to 293C.26337, inclusive,] the 44
conduct of any city election is under the control of the governing 45
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body of the city, and it shall, by ordinance, provide for the holding 1
of the election, appoint the necessary election officers and election 2
boards and do all other things required to carry the election into 3
effect. 4
2. [The] Except as otherwise provided in NRS 293C.112, the 5
governing body of the city [may] shall provide for [the] : 6
(a) Absent ballots to be voted in a city election pursuant to 7
sections 83 to 100, inclusive, of this act, except for sections 95 and 8
96 of this act unless the governing body of the city provides for the 9
applicability of those provisions pursuant to paragraph (b); and 10
(b) The conduct of [early] : 11
(1) Early voting by personal appearance in a city election 12
pursuant to NRS 293.5772 to 293.5887, inclusive, and 293C.355 to 13
293C.361, inclusive [.] ; 14
(2) Voting by absent ballot in person in a city election 15
pursuant to sections 95 and 96 of this act; or 16
(3) Both early voting by personal appearance as described 17
in subparagraph (1) and voting by absent ballot in person as 18
described in subparagraph (2). 19
Sec. 106. NRS 293C.112 is hereby amended to read as 20
follows: 21
293C.112 1. The governing body of a city may conduct a city 22
election in which all ballots must be cast by mail [in accordance 23
with the provisions of NRS 293C.263 to 293C.26337, inclusive,] if: 24
(a) The election is a special election; or 25
(b) The election is a primary city election or general city 26
election in which the ballot includes only: 27
(1) Offices and ballot questions that may be voted on by the 28
registered voters of only one ward; or 29
(2) One office or ballot question. 30
2. The provisions of NRS 293.5772 to 293.5887, inclusive, 31
293C.265 to 293C.302, inclusive, and 293C.355 to 293C.361, 32
inclusive, and sections 83 to 100, inclusive, of this act do not apply 33
to an election conducted pursuant to this section. 34
Sec. 107. NRS 293C.185 is hereby amended to read as 35
follows: 36
293C.185 1. Except as otherwise provided in NRS 293C.190, 37
a name may not be printed on a ballot to be used at a primary or 38
general city election unless the person named has, in accordance 39
with NRS 293C.145 or 293C.175, as applicable, timely filed a 40
declaration of candidacy with the appropriate filing officer and paid 41
the filing fee established by the governing body of the city. 42
2. A declaration of candidacy required to be filed pursuant to 43
this chapter must be in substantially the following form: 44
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DECLARATION OF CANDIDACY OF ........ FOR THE 1
OFFICE OF ................ 2
3
State of Nevada 4
5
City of .............................. 6
7
For the purpose of having my name placed on the official 8
ballot as a candidate for the office of .................., I, 9
.................., the undersigned do swear or affirm under penalty 10
of perjury that I actually, as opposed to constructively, reside 11
at .................., in the City or Town of .................., County of 12
.................., State of Nevada; that my actual, as opposed to 13
constructive, residence in the city, township or other area 14
prescribed by law to which the office pertains began on a date 15
at least 30 days immediately preceding the date of the close 16
of filing of declarations of candidacy for this office; that my 17
telephone number is .................., and the address at which I 18
receive mail, if different than my residence, is ..................; 19
that I am a qualified elector pursuant to Section 1 of Article 2 20
of the Constitution of the State of Nevada; that if I have ever 21
been convicted of treason or a felony, my civil rights have 22
been restored; that if nominated as a candidate at the ensuing 23
election I will accept the nomination and not withdraw; that I 24
will not knowingly violate any election law or any law 25
defining and prohibiting corrupt and fraudulent practices in 26
campaigns and elections in this State; that I will qualify for 27
the office if elected thereto, including, but not limited to, 28
complying with any limitation prescribed by the Constitution 29
and laws of this State concerning the number of years or 30
terms for which a person may hold the office; that I 31
understand that knowingly and willfully filing a declaration 32
of candidacy which contains a false statement is a crime 33
punishable as a gross misdemeanor and also subjects me to a 34
civil action disqualifying me from entering upon the duties of 35
the office; and that I understand that my name will appear on 36
all ballots as designated in this declaration. 37
38
........................................................ 39
(Designation of name) 40
41
........................................................ 42
(Signature of candidate for office) 43
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Subscribed and sworn to before me 1
this ...... day of the month of ...... of the year ...... 2
3
................................................................... 4
Notary Public or other person 5
authorized to administer an oath 6
7
3. The address of a candidate that must be included in the 8
declaration of candidacy pursuant to subsection 2 must be the street 9
address of the residence where the candidate actually, as opposed to 10
constructively, resides in accordance with NRS 281.050, if one has 11
been assigned. The declaration of candidacy must not be accepted 12
for filing if the candidate fails to comply with the following 13
provisions of this subsection or, if applicable, the provisions of 14
subsection 4: 15
(a) The candidate shall not list the candidate’s address as a post 16
office box unless a street address has not been assigned to the 17
residence; and 18
(b) Except as otherwise provided in subsection 4, the candidate 19
shall present to the filing officer: 20
(1) A valid driver’s license or identification card issued by a 21
governmental agency that contains a photograph of the candidate 22
and the candidate’s residential address; or 23
(2) A current utility bill, bank statement, paycheck, or 24
document issued by a governmental entity, including a check which 25
indicates the candidate’s name and residential address, but not 26
including a voter registration card. 27
4. If the candidate executes an oath or affirmation under 28
penalty of perjury stating that the candidate is unable to present to 29
the filing officer the [proof] evidence of residency required by 30
subsection 3 because a street address has not been assigned to the 31
candidate’s residence or because the rural or remote location of the 32
candidate’s residence makes it impracticable to present the [proof] 33
evidence of residency required by subsection 3, the candidate shall 34
present to the filing officer: 35
(a) A valid driver’s license or identification card issued by a 36
governmental agency that contains a photograph of the candidate; 37
and 38
(b) Alternative proof of the candidate’s residential address that 39
the filing officer determines is sufficient to verify where the 40
candidate actually, as opposed to constructively, resides in 41
accordance with NRS 281.050. The Secretary of State may adopt 42
regulations establishing the forms of alternative proof of the 43
candidate’s residential address that the filing officer may accept to 44
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verify where the candidate actually, as opposed to constructively, 1
resides in accordance with NRS 281.050. 2
5. The filing officer shall retain a copy of the [proof] evidence 3
of identity and residency provided by the candidate pursuant to 4
subsection 3 or 4. Such a copy: 5
(a) May not be withheld from the public; and 6
(b) Must not contain the social security number, driver’s license 7
or identification card number or account number of the candidate. 8
6. By filing the declaration of candidacy, the candidate shall be 9
deemed to have appointed the city clerk as his or her agent for 10
service of process for the purposes of a proceeding pursuant to NRS 11
293C.186. Service of such process must first be attempted at the 12
appropriate address as specified by the candidate in the declaration 13
of candidacy. If the candidate cannot be served at that address, 14
service must be made by personally delivering to and leaving with 15
the city clerk duplicate copies of the process. The city clerk shall 16
immediately send, by registered or certified mail, one of the copies 17
to the candidate at the specified address, unless the candidate has 18
designated in writing to the city clerk a different address for that 19
purpose, in which case the city clerk shall mail the copy to the last 20
address so designated. 21
7. If the city clerk receives credible evidence indicating that a 22
candidate has been convicted of a felony and has not had his or her 23
civil rights restored, the city clerk: 24
(a) May conduct an investigation to determine whether the 25
candidate has been convicted of a felony and, if so, whether the 26
candidate has had his or her civil rights restored; and 27
(b) Shall transmit the credible evidence and the findings from 28
such investigation to the city attorney. 29
8. The receipt of information by the city attorney pursuant to 30
subsection 7 must be treated as a challenge of a candidate pursuant 31
to subsections 4 and 5 of NRS 293C.186 to which the provisions of 32
NRS 293.2045 apply. 33
9. Any person who knowingly and willfully files a declaration 34
of candidacy which contains a false statement in violation of this 35
section is guilty of a gross misdemeanor. 36
Sec. 108. NRS 293C.220 is hereby amended to read as 37
follows: 38
293C.220 1. The city clerk shall appoint and notify registered 39
voters to act as election board officers for the various polling places 40
and precincts in the city as provided in NRS 293.225, 293.227, 41
293C.227, 293C.228 and [293C.26329.] sections 80, 81 and 100 of 42
this act. No candidate for nomination or election or a relative of the 43
candidate within the second degree of consanguinity or affinity may 44
be appointed as an election board officer. Immediately after election 45
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board officers are appointed, if requested by the city clerk, the chief 1
law enforcement officer of the city shall: 2
(a) Appoint an officer for each polling place in the city and for 3
the central election board [and] or the [mail] absent ballot central 4
counting board; or 5
(b) Deputize, as an officer for the election, an election board 6
officer for each polling place and for the central election board [and] 7
or the [mail] absent ballot central counting board. The deputized 8
officer may not receive any additional compensation for the services 9
he or she provides as an officer during the election for which the 10
officer is deputized. 11
Officers so appointed and deputized shall preserve order during 12
hours of voting and attend the closing of the polls. 13
2. The city clerk may appoint a trainee for the position of 14
election board officer as set forth in NRS 293C.222. 15
Sec. 109. NRS 293C.265 is hereby amended to read as 16
follows: 17
293C.265 1. Except as otherwise provided in subsection 2 18
and in NRS 293.2725 and 293.3083, a person who registered by 19
mail or computer to vote shall, for the first city election in which the 20
person votes at which that registration is valid, vote in person unless 21
he or she has previously voted in the county in which he or she is 22
registered to vote. 23
2. The provisions of subsection 1 do not apply to a person who: 24
(a) Is entitled to vote [otherwise than in person] an absent ballot 25
pursuant to federal law or chapter 293D of NRS [;] or section 89 of 26
this act; 27
(b) Is disabled; 28
(c) Is provided the right to vote otherwise than in person 29
pursuant to the Voting Accessibility for the Elderly and 30
Handicapped Act, 52 U.S.C. §§ 20101 et seq.; [or] 31
(d) [Is sent a mail ballot pursuant to the provisions of NRS 32
293C.26312 and includes a copy of the information required 33
pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 34
or her voted mail ballot, if required pursuant to NRS 293C.26314.] 35
Submits or has previously submitted a written request for an 36
absent ballot that is signed by the registered voter before a notary 37
public or other person authorized to administer an oath; or 38
(e) Requests an absent ballot in person at the office of the city 39
clerk. 40
Sec. 110. NRS 293C.2675 is hereby amended to read as 41
follows: 42
293C.2675 1. If an Indian reservation or Indian colony is 43
located in whole or in part within a city, the city clerk shall, except 44
as otherwise provided in subsections 2 and 5, establish within the 45
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boundaries of the Indian reservation or Indian colony at a location 1
approved by the Indian tribe for the day of a primary city election or 2
general city election a polling place . [and a ballot drop box.] 3
2. An Indian tribe may elect not to have a polling place [and 4
ballot drop box] established within the boundaries of an Indian 5
reservation or Indian colony for the day of a primary city election or 6
general city election by submitting notice to the city clerk on or 7
before: 8
(a) If the notice is for a primary city election, January 15 of the 9
year in which the primary city election is to be held. 10
(b) If the notice is for a general city election, June 15 of the year 11
in which the general city election is to be held. 12
3. Any location of a polling place [and ballot drop box] 13
established pursuant to subsection 1 must satisfy the criteria the city 14
clerk uses for the establishment of any other polling place , [and 15
ballot drop box,] as applicable. 16
4. Except as otherwise provided in subsection 5, the city clerk 17
must continue to establish one polling place [and ballot drop box] 18
within the boundaries of the Indian reservation or Indian colony at a 19
location approved by the Indian tribe for the day of any future 20
primary city election or general city election unless otherwise 21
notified by the Indian tribe pursuant to subsection 2. 22
5. Not later than the dates set forth in subsection 2 to elect not 23
to have a polling place [and ballot drop box] established within the 24
boundaries of the Indian reservation or Indian colony, an Indian 25
tribe that elects to have a polling place [and ballot drop box] 26
established must submit to the city clerk and the tribal liaison 27
designated by the Office of the Secretary of State pursuant to 28
NRS 233A.260: 29
(a) The location for the polling place [and ballot drop box] and 30
whether the location will have only a polling place ; [or ballot drop 31
box or both a polling place and ballot drop box;] 32
(b) Whether the Indian tribe will select registered voters to be 33
appointed to act as election board officers to staff the polling place 34
within the boundaries of the Indian reservation or Indian colony; 35
and 36
(c) The proposed days and hours for the operation of the polling 37
place. 38
If an Indian tribe does not submit the information required 39
pursuant to this subsection, the Indian tribe shall be deemed to have 40
elected not to have a polling place [and ballot drop box] established 41
within the boundaries of the Indian reservation or Indian colony. 42
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Sec. 111. NRS 293C.270 is hereby amended to read as 1
follows: 2
293C.270 1. Except as otherwise provided in NRS 293.5772 3
to 293.5887, inclusive, and 293C.272, if a person’s name appears in 4
the roster or if the person provides an affirmation pursuant to NRS 5
293C.525, the person is entitled to vote and must [sign] : 6
(a) Present proof of identity; and 7
(b) Sign his or her name in the roster or on a signature card 8
when he or she applies to vote. Except as otherwise provided in 9
NRS 293.57691, the signature must be compared by an election 10
board officer with the signature or a facsimile thereof on the 11
person’s application to register to vote or [one of the forms of 12
identification listed in subsection 2.] on his or her proof of identity. 13
2. [The forms of identification that may be used to identify a 14
voter at the polling place are: 15
(a) The voter registration card issued to the voter; 16
(b) A driver’s license; 17
(c) An identification card issued by the Department of Motor 18
Vehicles; 19
(d) A military identification card; or 20
(e) Any other form of identification issued by a governmental 21
agency that contains the voter’s signature and physical description 22
or picture. 23
3.] The city clerk shall prescribe a procedure, approved by the 24
Secretary of State, to verify that the voter has not already voted in 25
that city in the current election. 26
Sec. 112. NRS 293C.272 is hereby amended to read as 27
follows: 28
293C.272 1. If, because of physical limitations, a registered 29
voter is unable to sign his or her name in the roster or on a signature 30
card as required by NRS 293C.270, the voter must be identified by: 31
(a) Answering questions from the election board officer 32
covering the personal data which is reported on the application to 33
register to vote; 34
(b) Providing the election board officer, orally or in writing, 35
with other personal data which verifies the identity of the voter; or 36
(c) [Providing] Presenting the election board officer with his or 37
her proof of [identification as described in NRS 293C.270 other 38
than the voter registration card issued to the voter.] identity. 39
2. If the identity of the voter is verified, the election board 40
officer shall indicate in the roster “Identified” by the voter’s name. 41
Sec. 113. NRS 293C.275 is hereby amended to read as 42
follows: 43
293C.275 1. Except as otherwise provided in NRS 293.5772 44
to 293.5887, inclusive, and 293C.272: 45
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(a) A registered voter who applies to vote must state his or her 1
name to the election board officer in charge of the roster; and 2
(b) The election board officer shall: 3
(1) Announce the name of the registered voter; 4
(2) Require that the registered voter present proof of 5
identity; 6
(3) Instruct the registered voter to sign the roster or signature 7
card; 8
[(3)] (4) Verify the signature of the registered voter in the 9
manner set forth in NRS 293C.270; and 10
[(4)] (5) Verify that the registered voter has not already 11
voted in that city in the current election. 12
2. Except as otherwise provided in NRS 293.57691, if the 13
signature does not match, the registered voter must be identified by: 14
(a) Either: 15
(1) Answering questions from the election board officer 16
covering the personal data which is reported on the application to 17
register to vote; or 18
[(b)] (2) Providing the election board officer, orally or in 19
writing, with other personal data which verifies the identity of the 20
registered voter; [or 21
(c) Providing] and 22
(b) Presenting the election board officer with proof of 23
[identification as described in NRS 293C.270 other than the voter 24
registration card issued to the voter.] identity. 25
3. If the signature of the registered voter has changed in 26
comparison to the signature on the application to register to vote, the 27
registered voter must update his or her signature on a form 28
prescribed by the Secretary of State. 29
4. For the purposes of subsection 2, the personal data of a 30
registered voter may include his or her date of birth. 31
Sec. 114. NRS 293C.277 is hereby amended to read as 32
follows: 33
293C.277 1. A registered voter who applies to vote at an 34
election must give his or her name to the election board officer in 35
charge of the roster, and the officer shall immediately announce the 36
name of the registered voter [.] and require that the registered 37
voter present proof of identity. 38
2. Any person’s right to vote may be challenged by a registered 39
voter upon any of the grounds allowed for a challenge in NRS 40
293C.292. Any such challenge must be disposed of in the manner 41
provided in NRS 293C.292. 42
Sec. 115. NRS 293C.292 is hereby amended to read as 43
follows: 44
293C.292 1. A person applying to vote may be challenged: 45
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(a) Orally by any registered voter of the precinct or district upon 1
the ground that he or she is not the person entitled to vote as claimed 2
or has voted before at the same election; or 3
(b) On any ground set forth in a challenge filed with the county 4
clerk pursuant to the provisions of NRS 293.547. 5
2. If a person is challenged, an election board officer shall 6
tender the challenged person the following oath or affirmation: 7
(a) If the challenge is on the ground that the challenged person 8
does not reside at the residence for which the address is listed in the 9
roster, “I swear or affirm under penalty of perjury that I reside at the 10
residence for which the address is listed in the roster”; 11
(b) If the challenge is on the ground that the challenged person 12
previously voted a ballot for the election, “I swear or affirm under 13
penalty of perjury that I have not voted for any of the candidates or 14
questions included on this ballot for this election”; or 15
(c) If the challenge is on the ground that the challenged person is 16
not the person he or she claims to be, “I swear or affirm under 17
penalty of perjury that I am the person whose name is in this roster.” 18
The oath or affirmation must be set forth on a form prepared by 19
the Secretary of State and signed by the challenged person under 20
penalty of perjury. 21
3. If the challenged person refuses to execute the oath or 22
affirmation so tendered, the person must not be issued a ballot, and 23
the election board officer shall indicate in the roster “Challenged” 24
by the person’s name. 25
4. If the challenged person refuses to execute the oath or 26
affirmation set forth in paragraph (a) of subsection 2, the election 27
board officers shall inform the person that he or she is entitled to 28
vote only in the manner prescribed in NRS 293C.295. 29
5. If the challenged person executes the oath or affirmation and 30
the challenge is not based on the ground set forth in paragraph (c) of 31
subsection 2, the election board officers shall issue him or her a 32
ballot. 33
6. If the challenge is based on the ground set forth in paragraph 34
(a) of subsection 2, and the challenged person executes the oath or 35
affirmation, the election board shall not issue the person a ballot 36
until he or she furnishes satisfactory identification that contains 37
proof of the address at which the person actually resides. For the 38
purposes of this subsection, a voter registration card does not 39
provide proof of the address at which a person resides. 40
7. If the challenge is based on the ground set forth in paragraph 41
(c) of subsection 2 and the challenged person executes the oath or 42
affirmation, the election board shall not issue the person a ballot 43
unless the person [: 44
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(a) Furnishes official identification which contains a photograph 1
of the person, such as a driver’s license or other official document; 2
or 3
(b) Brings before the election board officers a person who is at 4
least 18 years of age who: 5
(1) Furnishes official identification which contains a 6
photograph of the person, such as a driver’s license or other official 7
document; and 8
(2) Executes an oath or affirmation under penalty of perjury 9
that the challenged person is who he or she swears to be.] furnishes 10
proof of identity. 11
8. The election board officers shall: 12
(a) Record on the challenge list: 13
(1) The name of the challenged person; 14
(2) The name of the registered voter who initiated the 15
challenge; and 16
(3) The result of the challenge; and 17
(b) If possible, orally notify the registered voter who initiated 18
the challenge of the result of the challenge. 19
Sec. 116. NRS 293C.302 is hereby amended to read as 20
follows: 21
293C.302 1. If a court of competent jurisdiction orders a city 22
to extend the deadline for voting beyond the statutory period in an 23
election, the city clerk shall, as soon as practicable after receiving 24
notice of the decision of the court: 25
(a) Cause notice of the extended period to be published in a 26
newspaper of general circulation in the city or if no newspaper is of 27
general circulation in that city, in a newspaper of general circulation 28
in the nearest city; and 29
(b) Transmit a notice of the extended deadline to each registered 30
voter who [received a mail] requested an absent ballot for the 31
election and has not returned the [mail] ballot before the date on 32
which the notice will be transmitted. 33
2. The notice required pursuant to paragraph (a) of subsection 1 34
must be published: 35
(a) In a city whose population is 25,000 or more, on at least 3 36
successive days. 37
(b) In a city whose population is less than 25,000, at least twice 38
in successive issues of the newspaper. 39
Sec. 117. NRS 293C.3035 is hereby amended to read as 40
follows: 41
293C.3035 1. Except as otherwise provided in NRS 293.5772 42
to 293.5887, inclusive, and 293C.272, upon the appearance of a 43
person to cast a ballot at a polling place established pursuant to NRS 44
293C.3032, if any, the election board officer shall: 45
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(a) Determine [that] whether the person is a registered voter in 1
the city and has not already voted in that city in the current election; 2
(b) Require the registered voter to present proof of identity; 3
(c) Instruct the registered voter to sign the roster or a signature 4
card; and 5
[(c)] (d) Verify the signature of the registered voter in the 6
manner set forth in NRS 293C.270. 7
2. Except as otherwise provided in NRS 293.57691, if the 8
signature of the registered voter does not match, the registered voter 9
must be identified by: 10
(a) Either: 11
(1) Answering questions from the election board officer 12
covering the personal data which is reported on the application to 13
register to vote; or 14
[(b)] (2) Providing the election board officer, orally or in 15
writing, with other personal data which verifies the identity of the 16
voter; [or 17
(c) Providing] and 18
(b) Presenting the election board officer with proof of 19
[identification as described in NRS 293C.270 other than the voter 20
registration card issued to the voter.] identity. 21
3. If the signature of the registered voter has changed in 22
comparison to the signature on the application to register to vote, the 23
registered voter must update his or her signature on a form 24
prescribed by the Secretary of State. 25
4. The city clerk shall prescribe a procedure, approved by the 26
Secretary of State, to verify that the registered voter has not already 27
voted in that city in the current election. 28
5. When a registered voter is entitled to cast a ballot and has 29
identified himself or herself to the satisfaction of the election board 30
officer, the registered voter is entitled to receive the appropriate 31
ballot or ballots, but only for his or her own use at the polling place 32
where he or she applies to vote. 33
6. If the ballot is voted on a mechanical recording device which 34
directly records the votes electronically, the election board officer 35
shall: 36
(a) Prepare the mechanical voting device for the registered 37
voter; 38
(b) Ensure that the registered voter’s precinct or voting district 39
and the form of the ballot are indicated on the voting receipt, if the 40
city clerk uses voting receipts; and 41
(c) Allow the registered voter to cast a vote. 42
7. A registered voter applying to vote at a polling place 43
established pursuant to NRS 293C.3032, if any, may be challenged 44
pursuant to NRS 293C.292. 45
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Sec. 118. NRS 293C.356 is hereby amended to read as 1
follows: 2
293C.356 1. If a request is made to vote early by a registered 3
voter in person, the city clerk shall , except as otherwise provided in 4
NRS 293C.3585, issue a ballot for early voting to the voter. Such a 5
ballot must be voted on the premises of the clerk’s office and 6
returned to the clerk. 7
2. On the dates for early voting prescribed in NRS 293C.3568, 8
each city clerk shall provide a voting booth, with suitable equipment 9
for voting, on the premises of the city clerk’s office for use by 10
registered voters who are issued ballots for early voting in 11
accordance with this section. 12
Sec. 119. NRS 293C.3564 is hereby amended to read as 13
follows: 14
293C.3564 1. The city clerk in a city providing for early 15
voting by personal appearance pursuant to subparagraph (1) of 16
paragraph (b) of subsection 2 of NRS 293C.110, shall establish at 17
least one permanent polling place for early voting by personal 18
appearance in the city at the locations selected pursuant to 19
NRS 293C.3561. 20
2. Any person entitled to vote early by personal appearance 21
may do so at any polling place for early voting. 22
Sec. 120. NRS 293C.3585 is hereby amended to read as 23
follows: 24
293C.3585 1. Except as otherwise provided in NRS 293.5772 25
to 293.5887, inclusive, and 293C.272, upon the appearance of a 26
person to cast a ballot for early voting, an election board officer 27
shall: 28
(a) Determine that the person is a registered voter in the county. 29
(b) Require the registered voter to present proof of identity. 30
(c) Instruct the registered voter to sign the roster for early voting 31
or a signature card. 32
[(c)] (d) Verify the signature of the registered voter in the 33
manner set forth in NRS 293C.270. 34
[(d)] (e) Verify that the registered voter has not already voted in 35
that city in the current election. 36
2. Except as otherwise provided in NRS 293.57691, if the 37
signature does not match, the registered voter must be identified by: 38
(a) Either: 39
(1) Answering questions from the election board officer 40
covering the personal data which is reported on the application to 41
register to vote; or 42
[(b)] (2) Providing the election board officer, orally or in 43
writing, with other personal data which verifies the identity of the 44
registered voter; [or 45
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(c) Providing] and 1
(b) Presenting the election board officer with proof of 2
[identification as described in NRS 293C.270 other than the voter 3
registration card issued to the voter.] identity. 4
3. If the signature of the registered voter has changed in 5
comparison to the signature on the application to register to vote, the 6
registered voter must update his or her signature on a form 7
prescribed by the Secretary of State. 8
4. The city clerk shall prescribe a procedure, approved by the 9
Secretary of State, to verify that the registered voter has not already 10
voted in that city in the current election. 11
5. The roster for early voting or signature card, as applicable, 12
must contain: 13
(a) The registered voter’s name, the address where he or she is 14
registered to vote, his or her voter identification number and a place 15
for the registered voter’s signature; 16
(b) The registered voter’s precinct or voting district number, if 17
that information is available; and 18
(c) The date of voting early in person. 19
6. When a registered voter is entitled to cast a ballot and has 20
identified himself or herself to the satisfaction of the election board 21
officer, the registered voter is entitled to receive the appropriate 22
ballot or ballots, but only for his or her own use at the polling place 23
for early voting. 24
7. If the ballot is voted on a mechanical recording device which 25
directly records the votes electronically, the election board officer 26
shall: 27
(a) Prepare the mechanical recording device for the registered 28
voter; 29
(b) Ensure that the registered voter’s precinct or voting district, 30
if that information is available, and the form of ballot are indicated 31
on the voting receipt, if the city clerk uses voting receipts; and 32
(c) Allow the registered voter to cast a vote. 33
8. A registered voter applying to vote early by personal 34
appearance may be challenged pursuant to NRS 293C.292. 35
9. For the purposes of subsection 2, the personal data of a 36
registered voter may include his or her date of birth. 37
Sec. 121. NRS 293C.3615 is hereby amended to read as 38
follows: 39
293C.3615 The city clerk shall make a record of the receipt at 40
the central counting place of each sealed container used to transport 41
official ballots pursuant to NRS 293C.295, 293C.630 and 293C.635 42
[.] and section 94 of this act. The record must include the numbers 43
indicated on the container and its seal pursuant to NRS 293C.700. 44
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Sec. 122. NRS 293C.365 is hereby amended to read as 1
follows: 2
293C.365 [Except as otherwise provided in NRS 293C.26331, 3
a] A counting board in any precinct, district or polling place in 4
which paper ballots are used may not begin to count the votes until 5
all ballots used or unused are accounted for. 6
Sec. 123. NRS 293C.390 is hereby amended to read as 7
follows: 8
293C.390 1. The voted ballots, rejected ballots, spoiled 9
ballots, challenge lists, records printed on paper of voted ballots 10
collected pursuant to NRS 293B.400 [, reports prepared pursuant to 11
NRS 293C.26337] and stubs of the ballots used, enclosed and 12
sealed, must, after canvass of the votes by the governing body of the 13
city, be deposited in the vaults of the city clerk. The records of voted 14
ballots that are maintained in electronic form must, after canvass of 15
the votes by the governing body of the city, be sealed and deposited 16
in the vaults of the city clerk. The tally lists collected pursuant to 17
this title must, after canvass of the votes by the governing body of 18
the city, be deposited in the vaults of the city clerk without being 19
sealed. All materials described by this subsection must be preserved 20
for at least 22 months, and all such sealed materials must be 21
destroyed immediately after that period. A notice of the destruction 22
must be published by the city clerk in at least one newspaper of 23
general circulation in the city or, if no newspaper is of general 24
circulation in that city, in a newspaper of general circulation in the 25
nearest city, not less than 2 weeks before the destruction of the 26
materials. 27
2. Unused ballots, enclosed and sealed, must, after canvass of 28
the votes by the governing body of the city, be deposited in the 29
vaults of the city clerk and preserved for at least the period during 30
which the election may be contested and adjudicated, after which 31
the unused ballots may be destroyed. 32
3. The rosters containing the signatures of those persons who 33
voted in the election and the tally lists deposited with the governing 34
body of the city are subject to the inspection of any elector who may 35
wish to examine them at any time after their deposit with the city 36
clerk. 37
4. A contestant of an election may inspect all of the material 38
relating to that election which is preserved pursuant to subsection 1 39
or 2, except the voted ballots and records printed on paper of voted 40
ballots collected pursuant to NRS 293B.400 which are deposited 41
with the city clerk. 42
5. The voted ballots and records printed on paper of voted 43
ballots collected pursuant to NRS 293B.400 which are deposited 44
with the city clerk are not subject to the inspection of any person, 45
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except in cases of a contested election, and only by the judge, body 1
or board before whom the election is being contested, or by the 2
parties to the contest, jointly, pursuant to an order of the judge, body 3
or board. 4
6. As used in this section, “vaults of the city clerk” means any 5
place of secure storage designated by the city clerk. 6
Sec. 124. NRS 293C.640 is hereby amended to read as 7
follows: 8
293C.640 1. To facilitate the processing and computation of 9
votes cast at an election conducted under a mechanical voting 10
system, the city clerk shall create a computer program and 11
processing accuracy board, and may create: 12
(a) A central ballot inspection board; 13
(b) [A mail] An absent ballot inspection board; 14
(c) A ballot duplicating board; 15
(d) A ballot processing and packaging board; and 16
(e) Such additional boards or appoint such officers as the city 17
clerk deems necessary for the expeditious processing of ballots. 18
2. Except as otherwise provided in subsection 3, the city clerk 19
may determine the number of members to constitute any board. The 20
city clerk shall make any appointments from among competent 21
persons who are registered voters in this State. The same person 22
may be appointed to more than one board but must meet the 23
qualifications for each board to which he or she is appointed. 24
3. If the city clerk creates a ballot duplicating board, the city 25
clerk shall appoint to the board at least two members. The members 26
of the ballot duplicating board must not all be of the same political 27
party. 28
4. All persons appointed pursuant to this section serve at the 29
pleasure of the city clerk. 30
Sec. 125. NRS 293C.700 is hereby amended to read as 31
follows: 32
293C.700 1. Each container used to transport official ballots 33
pursuant to NRS 293C.295, 293C.630 and 293C.635 and section 94 34
of this act must: 35
(a) Be constructed of metal or any other rigid material; and 36
(b) Contain a seal which is placed on the container to ensure 37
detection of any opening of the container. 38
2. The container and seal must be separately numbered for 39
identification. 40
Sec. 126. NRS 293C.720 is hereby amended to read as 41
follows: 42
293C.720 Each city clerk is encouraged to: 43
1. Not later than the earlier date of the first notice provided 44
pursuant to subsection 3 of NRS 293.560 or NRS 293C.187, notify 45
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the public, through means designed to reach members of the public 1
who are elderly or disabled, of the provisions of NRS [293C.263,] 2
293C.281 and 293C.282 [.] and sections 87, 89 and 90 of this act. 3
2. Provide in alternative audio and visual formats information 4
concerning elections, information concerning how to preregister or 5
register to vote and information concerning the manner of voting for 6
use by a person who is elderly or disabled, including, without 7
limitation, providing such information through a 8
telecommunications device that is accessible to a person who is 9
deaf. 10
3. Not later than 5 working days after receiving the request of a 11
person who is elderly or disabled, provide to the person, in a format 12
that can be used by the person, any requested material that is: 13
(a) Related to elections; and 14
(b) Made available by the city clerk to the public in printed 15
form. 16
Sec. 127. NRS 293D.300 is hereby amended to read as 17
follows: 18
293D.300 1. A covered voter who is registered to vote in this 19
State may apply for a military-overseas ballot by submitting a 20
federal postcard application, as prescribed under section 101(b)(2) 21
of the Uniformed and Overseas Citizens Absentee Voting Act, 52 22
U.S.C. § 20301(b)(2), or the application’s electronic equivalent, if 23
the federal postcard application or the application’s electronic 24
equivalent is received by the appropriate local elections official 25
before the time set pursuant to NRS 293.273 for closing the polls on 26
election day. 27
2. A covered voter who is not registered to vote in this State 28
may use the federal postcard application or the application’s 29
electronic equivalent simultaneously to apply to register to vote 30
pursuant to NRS 293D.230 and to apply for a military-overseas 31
ballot, if the federal postcard application or the application’s 32
electronic equivalent is received by the appropriate local elections 33
official before the time set pursuant to NRS 293.273 for closing the 34
polls on election day. If the federal postcard application is received 35
after the time set for closing the polls, it must be treated as an 36
application to register to vote for subsequent elections. 37
3. Upon receipt of the electronic equivalent of the federal 38
postcard application pursuant to subsection 1 or 2, the local 39
elections official shall affix, mark or otherwise acknowledge receipt 40
of the application by means of a time stamp on the application. 41
4. The Secretary of State shall ensure that the system of 42
approved electronic transmission described in subsection 2 of NRS 43
293D.200 is capable of accepting the submission of: 44
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(a) Both a federal postcard application and any other approved 1
electronic military-overseas ballot application sent to the appropriate 2
local elections official; and 3
(b) A digital signature or an electronic signature of a covered 4
voter on the documents described in paragraph (a). 5
5. A covered voter may use approved electronic transmission 6
or any other method approved by the Secretary of State to apply for 7
a military-overseas ballot. 8
6. A covered voter may use the declaration accompanying the 9
federal write-in absentee ballot, as prescribed under section 103 of 10
the Uniformed and Overseas Citizens Absentee Voting Act, 52 11
U.S.C. § 20303, as an application for a military-overseas ballot 12
simultaneously with the submission of the federal write-in absentee 13
ballot, if the declaration and the federal write-in absentee ballot are 14
received by the appropriate local elections official before the time 15
set pursuant to NRS 293.273 for closing the polls on election day. 16
7. To receive the benefits of this chapter, a covered voter must 17
inform the appropriate local elections official that he or she is a 18
covered voter. Methods of informing the appropriate local elections 19
official that a person is a covered voter include, without limitation: 20
(a) The use of a federal postcard application or federal write-in 21
absentee ballot; 22
(b) The use of an overseas address on an approved voting 23
registration application or ballot application; and 24
(c) The inclusion on an application to register to vote or an 25
application for a military-overseas ballot of other information 26
sufficient to identify that the person is a covered voter. 27
8. This chapter does not prohibit a covered voter from [voting a 28
mail] applying for an absent ballot pursuant to the provisions of 29
chapter 293 or 293C of NRS or voting in person. 30
Sec. 128. NRS 298.250 is hereby amended to read as follows: 31
298.250 1. If a former resident of the State of Nevada 32
otherwise qualified to vote in another state in any election for 33
President and Vice President of the United States has commenced 34
his or her residence in the other state after the 30th day next 35
preceding that election and for this reason does not satisfy the 36
requirements for registration in the other state, the former resident 37
may vote for President and Vice President only in that election: 38
(a) In person in the county of the State of Nevada which was his 39
or her former residence, if the former resident is otherwise qualified 40
to vote there; or 41
(b) By [mail] absent ballot in the county of the State of Nevada 42
which was his or her former residence, if the former resident is 43
otherwise qualified to vote there and complies with the applicable 44
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requirements of [NRS 293.269911 to 293.269937,] sections 8 to 23, 1
inclusive [.] , of this act. 2
2. The Secretary of State may, in a manner consistent with the 3
election laws of this State, adopt regulations to effectuate the 4
purposes of this section. 5
Sec. 129. NRS 298.600 is hereby amended to read as follows: 6
298.600 As used in NRS 298.600 to 298.720, inclusive, the 7
words and terms defined in NRS [298.610,] 298.620 and 298.630 8
have the meanings ascribed to them in those sections. 9
Sec. 130. NRS 298.690 is hereby amended to read as follows: 10
298.690 1. In conducting a presidential preference primary 11
election, the county clerk shall: 12
(a) Distribute sample ballots for the presidential preference 13
primary election; 14
(b) Establish polling places for early voting by personal 15
appearance; 16
(c) Permit voting by registered voters of the major political party 17
by [mail] absent ballot , [and] military-overseas ballot in the manner 18
and within the time required by chapters 293 and 293D of NRS; and 19
(d) Establish polling places for the day of the presidential 20
preference primary election. The provisions of NRS 293.273 apply 21
to the presidential preference primary election. 22
2. A registered voter who is entitled to cast a ballot at the 23
presidential preference primary election may do so at any polling 24
place in the county. 25
Sec. 131. NRS 483.820 is hereby amended to read as follows: 26
483.820 1. A person who applies for an identification card in 27
accordance with the provisions of NRS 483.810 to 483.890, 28
inclusive, and who is not ineligible to receive an identification card 29
pursuant to NRS 483.861, is entitled to receive an identification card 30
if the person is: 31
(a) A resident of this State and is 10 years of age or older and 32
does not hold a valid driver’s license or identification card from any 33
state or jurisdiction; or 34
(b) A seasonal resident who does not hold a valid Nevada 35
driver’s license. 36
2. Except as otherwise provided in NRS 483.825 [,] and 37
section 30 of this act, the Department shall charge and collect the 38
following fees for the issuance of an original, duplicate or changed 39
identification card: 40
41
An original or duplicate identification card 42
issued to a person 65 years of age or older 43
which expires on or before the fourth 44
anniversary of the person’s birthday ............................... $4 45
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An original or duplicate identification card 1
issued to a person 65 years of age or older 2
which expires on or before the eighth 3
anniversary of the person’s birthday ............................... $8 4
An original or duplicate identification card 5
issued to a person under 18 years of age 6
which expires on the eighth anniversary of 7
the person’s birthday ......................................................... 6 8
A renewal of an identification card for a person 9
under 18 years of age which expires on the 10
eighth anniversary of the person’s birthday ...................... 6 11
An original or duplicate identification card 12
issued to a person under 18 years of age 13
which expires on or before the fourth 14
anniversary of the person’s birthday ................................. 3 15
A renewal of an identification card for a person 16
under 18 years of age which expires on or 17
before the fourth anniversary of the person’s 18
birthday ............................................................................. 3 19
An original or duplicate identification card 20
issued to any person at least 18 years of age, 21
but less than 65 years of age, which expires 22
on the eighth anniversary of the person’s 23
birthday ........................................................................... 18 24
A renewal of an identification card for any 25
person at least 18 years of age, but less than 26
65 years of age, which expires on the eighth 27
anniversary of the person’s birthday ............................... 18 28
An original or duplicate identification card 29
issued to any person at least 18 years of age, 30
but less than 65 years of age, which expires 31
on or before the fourth anniversary of the 32
person’s birthday ............................................................... 9 33
A renewal of an identification card for any 34
person at least 18 years of age, but less than 35
65 years of age, which expires on or before 36
the fourth anniversary of the person’s 37
birthday ............................................................................. 9 38
A new photograph or change of name, or both ...................... 4 39
40
3. The Department shall not charge a fee for: 41
(a) An identification card issued to a person who has voluntarily 42
surrendered his or her driver’s license pursuant to NRS 483.420; or 43
(b) A renewal of an identification card for a person 65 years of 44
age or older. 45
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4. Except as otherwise provided in NRS 483.825 [,] and 1
section 30 of this act, the increase in fees authorized in NRS 2
483.347 must be paid in addition to the fees charged pursuant to this 3
section. 4
5. As used in this section, “photograph” has the meaning 5
ascribed to it in NRS 483.125. 6
Sec. 132. NRS 293.0653, 293.269911, 293.269913, 7
293.269915, 293.269917, 293.269919, 293.269921, 293.269923, 8
293.269925, 293.269927, 293.269929, 293.269931, 293.269933, 9
293.269935, 293.269937, 293C.263, 293C.26312, 293C.26314, 10
293C.26316, 293C.26318, 293C.26321, 293C.26323, 293C.26325, 11
293C.26327, 293C.26329, 293C.26331, 293C.26333, 293C.26335, 12
293C.26337 and 298.610 are hereby repealed. 13
Sec. 133. 1. This section becomes effective upon passage 14
and approval. 15
2. Sections 1 to 132, inclusive, of this act become effective: 16
(a) Upon passage and approval for the purpose of adopting any 17
regulations and performing any other preparatory administrative 18
tasks; and 19
(b) On January 1, 2026, for all other purposes. 20
LEADLINES OF REPEALED SECTIONS
293.0653 “Mail ballot” defined.
293.269911 Preparation and distribution of mail ballots;
exceptions; mail ballot contents; time for distribution; mootness
of untimely legal action which would prevent distribution.
293.269913 Methods of distribution and other
requirements for mail ballots and supporting materials;
recordation of certain information by county clerk.
293.269915 Requirements for mail ballots distributed to
certain voters who have not previously voted in election for
federal office in Nevada; exceptions; treatment as provisional
ballot under certain circumstances.
293.269917 Procedure for voting by mail ballot; procedure
for voting in person after mail ballot sent to voter.
293.269919 Unlawful to mark and sign mail ballot on
behalf of voter or assist voter to mark and sign mail ballot;
exceptions.
293.269921 Procedure for timely returning mail ballot;
treatment of mail ballot when postmark cannot be determined;
requirements for ballot drop boxes.
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293.269923 Persons authorized to return mail ballot,
unlawful acts relating to return of mail ballot; penalty.
293.269925 Establishment of procedures for processing and
counting mail ballots.
293.269927 Duties of county clerk upon return of mail
ballot: Procedure for checking signatures; safeguarding and
delivery of mail ballots for counting; procedure to contact voter
to remedy certain defects in returned mail ballot.
293.269929 Appointment and membership of mail ballot
central counting board; board under direction of county clerk.
293.269931 Period for counting mail ballots; counting must
be public; rejection of certain mail ballots.
293.269933 Process for counting mail ballots; requirements
relating to empty envelopes and rejected mail ballots.
293.269935 Certification and reporting of mail ballot
results; secrecy of mail ballots; unlawful to disseminate
information about mail ballot results before polls close and all
votes cast on election day; penalty.
293.269937 County clerk to test accuracy of electronic
devices used to verify signatures on mail ballots; daily audit
required during processing of mail ballots.
293C.263 Preparation and distribution of mail ballots;
exceptions; mail ballot contents; time for distribution; mootness
of untimely legal action which would prevent distribution.
293C.26312 Methods of distribution and other
requirements for mail ballots and supporting materials;
recordation of certain information by city clerk.
293C.26314 Requirements for mail ballots distributed to
certain voters who have not previously voted in election for
federal office in Nevada; exceptions; treatment as provisional
ballot under certain circumstances.
293C.26316 Procedure for voting by mail ballot; procedure
for voting in person after mail ballot sent to voter.
293C.26318 Unlawful to mark and sign mail ballot on
behalf of voter or assist voter to mark and sign mail ballot;
exceptions.
293C.26321 Procedure for timely returning mail ballot;
treatment of mail ballot when postmark cannot be determined;
requirements for ballot drop boxes.
293C.26323 Persons authorized to return mail ballot;
unlawful acts relating to return of mail ballot; penalty.
293C.26325 Establishment of procedures for processing
and counting mail ballots.
293C.26327 Duties of city clerk upon return of mail ballot:
Procedure for checking signatures; safeguarding and delivery of
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mail ballots for counting; procedure to contract voter to remedy
certain defects in returned mail ballot.
293C.26329 Appointment and membership of mail ballot
central counting board; board under direction of city clerk.
293C.26331 Period for counting mail ballots; requirements
relating to empty envelopes and rejected mail ballots.
293C.26333 Process for counting mail ballots; counting
must be public; rejection of certain mail ballots.
293C.26335 Certification and reporting of mail ballot
results; secrecy of mail ballots; unlawful to disseminate
information about mail ballot return results before polls close
and all votes cast on election day; penalty.
293C.26337 City clerk to test accuracy of electronic devices
used to verify signatures on mail ballots; daily audit required
during processing of mail ballots.
298.610 “Mail ballot” defined.
H