S.B. 100
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SENATE BILL NO. 100–SENATOR DALY
PREFILED JANUARY 16, 2025
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Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-197)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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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; establishing provisions governing the
performance of certain election duties in a timely manner;
providing a penalty for certain persons charged with
duties relating to an election for failing to carry out such
duties in a timely manner; requiring the approval of the
Secretary of State relating to certain vendors of
mechanical voting systems and mechanical recording
devices used in an election; providing a penalty; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, a public officer or other person, upon whom any duty is 1
imposed under the provisions governing the election laws of this State, who 2
willfully neglects his or her duty or willfully performs the duty in such a way as to 3
hinder the objects and purposes of the election laws is guilty of a category E felony, 4
which is punishable by a minimum term of imprisonment of 1 year and a maximum 5
term of not more than 4 years and may be subject to a fine of not more than $5,000. 6
If the person is a public officer and is convicted of this offense, his or her office is 7
forfeited. (NRS 293.800) Section 2 of this bill provides that a public officer or 8
other person who is charged with duties relating to an election who fails to perform 9
his or her duties in a timely manner by the applicable deadline set forth in statute is 10
also guilty of a category E felony and subject to these penalties. 11
Section 1 of this bill requires a public officer or other person to notify the 12
Secretary of State and the Attorney General if he or she will not be able to perform 13
a duty imposed under existing law relating to elections by the deadline. Section 1 14
also provides that if a public officer or other person who represents or is employed 15
by a county or city, upon whom a duty is imposed under the provisions governing 16
the election laws in this State, fails to perform his or her duty in a timely manner in 17
accordance with the applicable deadlines set forth in statute, the Secretary of State 18
may: (1) petition the district court for an order relieving that public officer or other 19
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person of his or her duties and directing the Secretary of State to perform the duties 20
on behalf of the public officer or person; and (2) charge the county or city 21
represented by or who employs the public officer or person for the costs incurred 22
by the Secretary of State in performing those duties. Section 1 further provides 23
that: (1) if the Secretary of State relieves a public officer or other person of his or 24
her duties and fails to perform those duties in a timely manner, the Attorney 25
General may petition the district court for an order relieving the Secretary of State 26
of those duties and directing the Attorney General to perform the duties; and (2) if 27
neither the Secretary of State nor the Attorney General takes action, any registered 28
voter may file an action with the district court for the county for the appointment of 29
a special master to perform the duties of the public officer or other person. 30
Existing law requires: (1) all mechanical voting systems and mechanical 31
recording devices purchased or leased in or used in any election of this State to be 32
approved by the Secretary of State; and (2) a city or county that wishes to change or 33
improve a mechanical voting system or mechanical recording device that has been 34
approved by the Secretary of State to obtain the approval of the Secretary of State. 35
(NRS 293B.1045) Section 3 of this bill requires: (1) a vendor of a mechanical 36
voting system or mechanical recording device to also be approved by the Secretary 37
of State; and (2) a city or county that wishes to change the vendor of the 38
mechanical voting system or mechanical recording device to obtain the approval of 39
the Secretary of State. 40
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
1. If a public officer or other person who represents or is 3
employed by a county or city or agency thereof, including, without 4
limitation, a county or city clerk, will not be able to perform a duty 5
required by this title or any regulation adopted pursuant to this 6
title by the applicable deadline set forth in this title, the public 7
officer or other person shall notify the Secretary of State and the 8
Attorney General before the deadline established by this title or 9
any regulation adopted pursuant to this title. 10
2. If a public officer or other person who represents or is 11
employed by a county or city or agency thereof and upon whom 12
any duty is imposed by this title or any regulation adopted 13
pursuant to this title fails to carry out that duty in a timely manner 14
in accordance with the applicable deadlines set forth in this title or 15
any regulation adopted pursuant to this title for the performance 16
of such duties, the Secretary of State may: 17
(a) Apply to the district court for the county for an order 18
relieving the public officer or other person from his or her duties 19
imposed pursuant to this title or any regulation adopted pursuant 20
to this title and directing the Secretary of State to perform such 21
duties on behalf of the public officer or person. The district court 22
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shall give the matter priority over all other civil matters pending 1
with the court. 2
(b) Charge the county or city that is represented by or employs 3
the public officer or other person for the costs incurred in 4
performing the duty on behalf of the public officer or other 5
person. 6
3. If the Secretary of State relieves a public officer or other 7
person from their duties pursuant to subsection 2 and fails to 8
perform such duties on behalf of the public officer or person, the 9
Attorney General may apply to the district court for an order 10
relieving the Secretary of State from his or her duties and 11
directing the Attorney General to perform such duties on behalf of 12
the Secretary of State. 13
4. If a public officer or other person fails to perform his or 14
her duties in a timely manner in accordance with the deadlines set 15
forth in statute for the performance of such duties and neither the 16
Secretary of State nor the Attorney General acts pursuant to 17
subsection 2 or 3, any registered voter may file an action with the 18
district court for the county for the appointment of a special 19
master to oversee the performance of these duties. 20
5. The Secretary of State may adopt regulations to carry out 21
the provisions of this section, which may include, without 22
limitation, establishing: 23
(a) Timelines for carrying out the duties set forth in this 24
section; and 25
(b) The circumstances that constitute performing a duty in a 26
timely manner. 27
Sec. 2. NRS 293.800 is hereby amended to read as follows: 28
293.800 1. A person who, for himself, herself or another 29
person, willfully gives a false answer or answers to questions 30
propounded to the person by the registrar or field registrar of voters 31
relating to the information called for by the application to register to 32
vote, or who willfully falsifies the application in any particular, or 33
who violates any of the provisions of the election laws of this State 34
or knowingly encourages another person to violate those laws is 35
guilty of a category E felony and shall be punished as provided in 36
NRS 193.130. 37
2. A public officer or other person, upon whom any duty is 38
imposed by this title, who [willfully] : 39
(a) Willfully neglects his or her duty [or willfully] ; 40
(b) Willfully performs [it] his or her duty in such a way as to 41
hinder the objects and purposes of the election laws of this State [,] ; 42
or 43
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(c) Fails to perform his or her duty in a timely manner in 1
accordance with the applicable deadlines for the performance of 2
that duty, 3
except where another penalty is provided, is guilty of a category 4
E felony and shall be punished as provided in NRS 193.130. 5
3. If the person is a public officer, his or her office is forfeited 6
upon conviction of any offense provided for in subsection 2. 7
4. Except as otherwise provided in this subsection, a person 8
who causes or endeavors to cause his or her name to be registered, 9
knowing that he or she is not an elector or will not be an elector on 10
or before the day of the next ensuing election in the precinct or 11
district in which he or she causes or endeavors to cause the 12
registration to be made, and any other person who induces, aids or 13
abets the person in the commission of either of the acts is guilty of a 14
category E felony and shall be punished as provided in NRS 15
193.130. The provisions of this subsection do not apply to a person 16
who preregisters to vote. 17
5. A field registrar or other person who provides to an elector 18
an application to register to vote and who: 19
(a) Knowingly falsifies the application or knowingly causes an 20
application to be falsified; 21
(b) Knowingly provides money or other compensation to 22
another for a falsified application; or 23
(c) Intentionally fails to submit to the county clerk a completed 24
application, 25
is guilty of a category E felony and shall be punished as provided 26
in NRS 193.130. 27
Sec. 3. NRS 293B.1045 is hereby amended to read as follows: 28
293B.1045 1. No mechanical voting system or mechanical 29
recording device may be purchased or leased in or used in any 30
election of this State unless the mechanical voting system or 31
mechanical recording device and the vendor of the mechanical 32
voting system or mechanical recording device is approved by the 33
Secretary of State. 34
2. A [person who owns or has an interest in] vendor of a 35
mechanical voting system or mechanical recording device may 36
submit an application to the Secretary of State for approval of the 37
vendor and to have the system or device examined for approval for 38
use during the elections of this State. The Secretary of State shall 39
approve or disapprove the vendor and use of such a system or 40
device not later than 120 days after the application is submitted. 41
3. As a condition to approval, the [person] vendor shall have 42
the mechanical voting system or mechanical recording device 43
independently examined by a person approved by the Secretary of 44
State. The examiner shall: 45
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(a) Review and analyze any electronic or computerized features 1
of the system or device; and 2
(b) Prepare and submit to the Secretary of State a report of the 3
results of the examination which includes a statement of the opinion 4
of the examiner regarding the feasibility of using such a system or 5
device during the elections of this State, with consideration for the 6
safe and proper operation of the system or device under the 7
conditions prescribed by the applicable election laws. 8
4. Any cost for the independent examination of a mechanical 9
voting system or mechanical recording device conducted pursuant to 10
subsection 3 must be paid by the [person] vendor who submits an 11
application [to have the system or device approved] for approval by 12
the Secretary of State. 13
5. The Secretary of State shall approve a mechanical voting 14
system or mechanical recording device for use during the elections 15
of this State if: 16
(a) The report prepared pursuant to subsection 3 states that the 17
system or device can be used safely and properly in this State; and 18
(b) The Secretary of State determines after independently 19
examining the system or device that it can be used safely and 20
properly in this State. 21
6. Before a city or county may change a vendor or otherwise 22
change or improve a mechanical voting system or mechanical 23
recording device that has been approved by the Secretary of State 24
pursuant to this section, the city or county must obtain approval 25
from the Secretary of State. If any such change or improvement 26
does not comply with the requirements of this section, the Secretary 27
of State shall not approve the vendor or the use or sale of any 28
system or device that incorporates the change or improvement in 29
this State. 30
7. The Secretary of State may reexamine a mechanical voting 31
system or mechanical recording device or any part thereof at any 32
time for the purpose of approving a change or improvement 33
pursuant to subsection 6 or to ensure that the system or device 34
continues to comply with the election laws of this State. 35
8. The Secretary of State and any examiner of a mechanical 36
voting system or mechanical recording device must not have any 37
pecuniary interest in the system or device examined. 38
9. The Secretary of State may establish regulations to carry out 39
the provisions of this section. 40
10. As used in this section, “vendor” means a person who 41
owns or has an interest in a mechanical voting system or 42
mechanical recording device. 43
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Sec. 4. This act becomes effective on July 1, 2025. 1
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