A.B. 306
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ASSEMBLY BILL NO. 306–ASSEMBLYMEMBERS
YEAGER, MONROE-MORENO AND MOSCA
FEBRUARY 27, 2025
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JOINT SPONSORS: SENATORS CANNIZZARO AND OHRENSCHALL
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Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-569)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 1)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to elections; requiring a county clerk in certain
counties to establish a certain number of locations for a
voter to return his or her mail ballot in a mail ballot drop
box during the period between the last day for early
voting and the day of a general election; authorizing the
county clerk in certain counties to establish such
locations; authorizing a person, under certain
circumstances, to return a mail ballot to a mail ballot drop
box established at such a location on behalf of a voter;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) requires a general election to be held on the first Tuesday after 1
the first Monday of November in each even-numbered year; and (2) provides that 2
the period for early voting by personal appearance begins the third Saturday 3
preceding a general election and extends through the Friday before election day. 4
(NRS 293.12755, 293.3568) Existing law further requires each county clerk to: (1) 5
establish a certain number of polling places where a person can vote during the 6
period for early voting by personal appearance and on the day of the general 7
election; and (2) requires each county clerk to establish a ballot drop box at every 8
polling place in the county, including, without limitation, a polling place for early 9
voting. (NRS 293.269921, 293.2731, 293.3564) 10
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Section 1 of this bill requires each county clerk in certain counties to, for the 11
period beginning on the day after the last day for early voting by personal 12
appearance and ending on the day before the day of the general election, establish a 13
certain number of locations where a voter may return his or her mail ballot in a mail 14
ballot drop box and requires such locations to be open for at least 7 hours each day 15
during that period for certain counties. Specifically, in a county whose population is 16
700,000 or more (currently only Clark County), a county clerk is required to 17
establish 10 such locations, and in a county whose population is 100,000 or more 18
but less than 700,000 (currently only Washoe County), a county clerk is required to 19
establish 5 such locations. Section 1 further authorizes a county clerk in a county 20
whose population is less than 100,000 (currently all counties other than Clark and 21
Washoe Counties) to establish any number of such locations and prescribe the 22
hours for such locations to be open. Section 2 of this bill provides that a mail ballot 23
dropped in a mail ballot drop box pursuant to section 1 counts as a vote in the 24
general election. Section 4 of this bill makes a conforming change to make certain 25
provisions relating to mail ballots generally applicable to section 1. 26
Existing law authorizes, at the request of a voter whose mail ballot has been 27
prepared by or on behalf of the voter, a person authorized by the voter to return the 28
mail ballot on behalf of the voter by mail or personal delivery to the county clerk, 29
or any ballot drop box established in the county by the county clerk. (NRS 30
293.269923) Section 3 of this bill additionally authorizes a person, under such 31
circumstances, to return a mail ballot on behalf of a voter by returning the mail 32
ballot to a mail ballot drop box established pursuant to section 1. 33
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 a new section to read as follows: 2
For the period beginning on the day after the last day for early 3
voting by personal appearance and ending on the day before the 4
day of the general election, each county clerk: 5
1. In a county whose population is 700,000 or more, shall 6
establish at least 10 locations where a voter may return his or her 7
mail ballot in a mail ballot drop box which must remain open to 8
the public for at least 7 hours each day; 9
2. In a county whose population is 100,000 or more but less 10
than 700,000, shall establish at least 5 locations where a voter may 11
return his or her mail ballot in a mail ballot drop box which must 12
remain open to the public for at least 7 hours each day; and 13
3. In a county whose population is less than 100,000, may 14
provide any number of locations where a voter may return his or 15
her mail ballot in a mail ballot drop box and prescribe the hours 16
that the location is open for voting pursuant to this section. 17
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Sec. 2. NRS 293.269921 is hereby amended to read as 1
follows: 2
293.269921 1. Except as otherwise provided in subsection 2 3
and chapter 293D of NRS, in order for a mail ballot to be counted 4
for any election, the mail ballot must be: 5
(a) Before the time set for closing of the polls, delivered by hand 6
to the county clerk, or any ballot drop box established in the county 7
pursuant to this section [;] or section 1 of this act; or 8
(b) Mailed to the county clerk, and: 9
(1) Postmarked on or before the day of the election; and 10
(2) Received by the clerk not later than 5 p.m. on the fourth 11
day following the election. 12
2. If a mail ballot is received by mail not later than 5 p.m. on 13
the third day following the election and the date of the postmark 14
cannot be determined, the mail ballot shall be deemed to have been 15
postmarked on or before the day of the election. 16
3. Each county clerk must establish a ballot drop box at every 17
polling place in the county, including, without limitation, a polling 18
place for early voting. A county clerk may establish a ballot drop 19
box at any other location in the county where mail ballots can be 20
delivered by hand and collected during the period for early voting 21
and on election day. No person other than a clerk may establish a 22
drop box for mail ballots. 23
4. A ballot drop box must be: 24
(a) Constructed of metal or any other rigid material of sufficient 25
strength and resistance to protect the security of the mail ballots; and 26
(b) Capable of securely receiving and holding the mail ballots 27
and being locked. 28
5. A ballot drop box must be: 29
(a) Placed in an accessible and convenient location at the office 30
of the county clerk or a polling place in the county; and 31
(b) Made available for use during the hours when the office of 32
the county clerk, or the polling place, is open for business or voting, 33
as applicable. 34
Sec. 3. NRS 293.269923 is hereby amended to read as 35
follows: 36
293.269923 1. Except as otherwise provided in subsection 2, 37
at the request of a voter whose mail ballot has been prepared by or 38
on behalf of the voter, a person authorized by the voter may return 39
the mail ballot on behalf of the voter by mail or personal delivery to 40
the county clerk, or any ballot drop box established in the county, 41
pursuant to NRS 293.269921 [.] or section 1 of this act. 42
2. Except for an election board officer in the course of the 43
election board officer’s official duties, a person shall not willfully: 44
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(a) Impede, obstruct, prevent or interfere with the return of a 1
voter’s mail ballot; 2
(b) Deny a voter the right to return the voter’s mail ballot; or 3
(c) If the person receives the voter’s mail ballot and 4
authorization to return the mail ballot on behalf of the voter by mail 5
or personal delivery, fail to return the mail ballot, unless otherwise 6
authorized by the voter, by mail or personal delivery: 7
(1) Before the end of the third day after the day of receipt, if 8
the person receives the mail ballot from the voter four or more days 9
before the day of the election; or 10
(2) Before the deadline established by the United States 11
Postal Service for the mail ballot to be postmarked on the day of the 12
election or before the polls close on the day of the election, as 13
applicable to the type of delivery, if the person receives the mail 14
ballot from the voter three or fewer days before the day of the 15
election. 16
3. A person who violates any provision of subsection 2 is 17
guilty of a category E felony and shall be punished as provided in 18
NRS 193.130. 19
Sec. 4. NRS 293.269925 is hereby amended to read as 20
follows: 21
293.269925 1. The county clerk shall establish procedures 22
for the processing and counting of mail ballots. 23
2. The procedures established pursuant to subsection 1: 24
(a) May authorize mail ballots to be processed, verified and 25
counted by computer or other electronic means; and 26
(b) Must not conflict with the provisions of NRS 293.269911 to 27
293.269937, inclusive [.] , and section 1 of this act. 28
Sec. 5. The provisions of NRS 354.599 do not apply to any 29
additional expenses of a local government that are related to the 30
provisions of this act. 31
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