S.B. 422 - *SB422* SENATE BILL NO. 422–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS MARCH 24, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to voting. (BDR 24-954) 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; revising provisions relating to voter registration during certain periods preceding an election; requiring the Department of Motor Vehicles to have extended hours of operation in certain counties during certain periods preceding the deadline to register to vote by mail for certain elections and following the day of certain elections; prohibiting, in certain counties, the Department from requiring an appointment to obtain a driver’s license or identification card during certain periods; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth certain deadlines for registering to vote by mail, 1 computer or appearing in person at the office of the county or city clerk. (NRS 2 293.560, 293C.527) Existing law also authorizes an elector to register to vote after 3 such deadlines: (1) through the Thursday preceding the election, by computer using 4 the online registration system provided on the Internet website of the Office of the 5 Secretary of State; and (2) after such online registration, by appearing in person 6 during the period for early voting or on election day. To register to vote during such 7 periods, an elector must provide his or her driver’s license or identification card 8 issued by the Department of Motor Vehicles and, if the license or identification 9 card does not include his or her current residential address, certain documents 10 establishing proof of residency. (NRS 293.5837-293.5847) 11 Sections 1 and 2 of this bill instead provide that to register to vote in person 12 during the period for early voting or on election day, an elector is required, with 13 certain exceptions, to provide a current and valid driver’s license or identification 14 card issued by this State, another state, the District of Columbia or a territory of the 15 United States or provide a tribal identification card as proof of the elector’s 16 identity. If the elector’s driver’s license or identification card was issued by the 17 – 2 – - *SB422* Department of Motor Vehicles and shows the elector’s current residential address, 18 the driver’s license or identification card is also proof of the elector’s residency. If 19 the elector’s tribal identification card shows the elector’s current residential 20 address, the tribal identification card is also proof of the elector’s residency. 21 Sections 1 and 2 provide that if the elector’s driver’s license or identification 22 card was not issued by the Department of Motor Vehicles, the elector may cast a 23 provisional ballot if he or she completes a written affirmation. Any such elector 24 who casts a provisional ballot must provide a current or valid driver’s license or 25 identification card issued by the Department, an interim document issued by the 26 Department or a tribal identification card demonstrating proof of residency by 5 27 p.m. on the Friday immediately following election day. 28 Sections 1 and 2 also provide that if an elector’s driver’s license or 29 identification card issued by the Department of Motor Vehicles does not have the 30 elector’s current residential address, the elector may present an original, electronic 31 or certified copy of a document as proof of residency and that, for certain 32 documents, such document must be dated not more than 60 days before the date the 33 elector is registering to vote. 34 Sections 1 and 2 further provide that if an elector does not have a driver’s 35 license or identification card issued by this State, another state, the District of 36 Columbia or any territory of the United States or a tribal identification card, the 37 elector may cast a provisional ballot if he or she completes a written affirmation. 38 Any such elector who casts a provisional ballot must provide a current and valid 39 driver’s license, identification card or interim document issued by the Department 40 of Motor Vehicles or a tribal identification card demonstrating proof of identity and 41 residency in this State by 5 p.m. on the Friday immediately following election day. 42 Existing law authorizes the Director of the Department of Motor Vehicles to 43 arrange for extended hours of operation for offices of the Department in a county 44 whose population is 100,000 or more (currently Clark and Washoe Counties). (NRS 45 481.057) Section 3 of this bill provides that, in a county whose population is 46 100,000 or more, the Director is required to arrange for the offices of the 47 Department to remain open on Saturdays and Sundays and at hours other than 8 48 a.m. to 5 p.m. for a person to only apply for the issuance or renewal of any type of 49 driver’s license or identification card issued by the Department: (1) during the 2 50 weeks immediately preceding the last day to register to vote by mail for a primary 51 election, presidential preference primary election or general election; and (2) during 52 the 6 calendar days immediately following the day of a primary election, 53 presidential preference primary election or general election. Section 3 further 54 prohibits the Department from requiring, in a county whose population is 100,000 55 or more, a person to have an appointment to apply for the issuance or renewal of 56 any type of driver’s license or identification card issued by the Department: (1) 57 during the 2 weeks immediately preceding the last day to register to vote by mail 58 for a primary election, presidential preference primary election or general election; 59 and (2) during the 6 calendar days immediately following the day of a primary 60 election, presidential preference primary election or general election. 61 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 293.5842 is hereby amended to read as 1 follows: 2 293.5842 1. Notwithstanding the close of any method of 3 registration for an election pursuant to NRS 293.560 or 293C.527, 4 – 3 – - *SB422* an elector may register to vote in person at any polling place for 1 early voting by personal appearance in the county or city, as 2 applicable, in which the elector is eligible to vote. 3 2. To register to vote in person during the period for early 4 voting, an elector must: 5 (a) Appear before the close of polls at a polling place for early 6 voting by personal appearance in the county or city, as applicable, in 7 which the elector is eligible to vote. 8 (b) Complete the application to register to vote by a method 9 authorized by the county or city clerk pursuant to this paragraph. 10 The county or city clerk shall authorize at least one of the following 11 methods for a person to register to vote pursuant to this paragraph: 12 (1) A paper application; or 13 (2) The system established by the Secretary of State pursuant 14 to NRS 293.671. 15 If the county or city clerk authorizes the use of both methods, the 16 county or city clerk may limit the use of one method to 17 circumstances when the other method is not reasonably available. 18 (c) Except as otherwise provided in [subsection 3,] this section, 19 provide his or her [current] : 20 (1) Current and valid driver’s license or identification card 21 issued by [the Department of Motor Vehicles which shows his or 22 her physical address] this State, another state, the District of 23 Columbia or any territory of the United States as proof of the 24 elector’s identity and , if the driver’s license or identification card 25 was issued by the Department of Motor Vehicles and shows the 26 elector’s current residential address, as proof of the elector’s 27 identity and residency [.] ; or 28 (2) Tribal identification card as proof of the elector’s 29 identity and, if the tribal identification card shows the elector’s 30 current residential address, as proof of the elector’s identity and 31 residency. 32 3. If the elector’s driver’s license or identification card was 33 issued by the Department of Motor Vehicles [to the elector] but 34 does not have the elector’s current residential address, an original, 35 electronic or certified copy of the following documents may be used 36 to establish the residency of the elector if the current residential 37 address of the elector, as indicated on his or her application to 38 register to vote, is displayed on the document: 39 (a) A military identification card; 40 (b) A utility bill, including, without limitation, a bill for electric, 41 gas, oil, water, sewer, septic, telephone, cellular telephone or cable 42 television service [;] , that is dated not more than 60 days before 43 the date on which the elector is registering to vote; 44 – 4 – - *SB422* (c) A bank or credit union statement [;] that is dated not more 1 than 60 days before the date on which the elector is registering to 2 vote; 3 (d) A paycheck [;] that is dated not more than 60 days before 4 the date on which the elector is registering to vote; 5 (e) An income tax return; 6 (f) A statement concerning the mortgage, rental or lease of a 7 residence; 8 (g) A motor vehicle registration; 9 (h) A property tax statement; or 10 (i) Any other document issued by a governmental agency. 11 4. [Subject] Except as otherwise provided in subsection 5 or 6, 12 subject to final verification, if an elector registers to vote in person 13 at a polling place pursuant to this section: 14 (a) The elector shall be deemed to be conditionally registered to 15 vote at the polling place upon: 16 (1) The determination that the application to register to vote 17 is complete; and 18 (2) The verification of the elector’s identity and residency 19 pursuant to this section. 20 (b) After the elector is deemed to be conditionally registered to 21 vote at the polling place pursuant to paragraph (a), the elector: 22 (1) May vote in the election only at that polling place; 23 (2) Must vote as soon as practicable and before leaving that 24 polling place; and 25 (3) Must vote by casting a provisional ballot, unless it is 26 verified, at that time, that the elector is qualified to register to vote 27 and to cast a regular ballot in the election at that polling place. 28 5. If an elector who appears to vote provides as proof of 29 identity a driver’s license or identification card that was not issued 30 by the Department of Motor Vehicles or provides a tribal 31 identification card that does not have the elector’s current 32 residential address, the elector may cast a provisional ballot 33 pursuant to subsection 4 if the elector completes a written 34 affirmation on a form provided by an election officer which 35 includes, without limitation: 36 (a) A statement in which the person affirms under penalty of 37 perjury that he or she is a qualified elector; and 38 (b) A statement informing the elector that a current and valid 39 driver’s license, identification card or interim document issued by 40 the Department of Motor Vehicles or a tribal identification card 41 that demonstrates residency must be provided to the county or city 42 clerk not later than 5 p.m. on the Friday immediately following 43 election day and that failure to do so will result in the provisional 44 ballot not being counted. 45 – 5 – - *SB422* 6. If an elector who appears to vote does not have a driver’s 1 license or identification card issued by this State, another state, the 2 District of Columbia or any territory of the United States or a 3 tribal identification card, the elector may cast a provisional ballot 4 pursuant to subsection 4 if the elector completes a written 5 affirmation on a form provided by an election officer which 6 includes: 7 (a) A statement in which the person affirms under penalty of 8 perjury that he or she is a qualified elector but has not been issued 9 a driver’s license or identification card by this State, another state, 10 the District of Columbia or any territory of the United States or a 11 tribal identification card; and 12 (b) A statement informing the elector that a current and valid 13 driver’s license, identification card or interim document issued by 14 the Department of Motor Vehicles or a tribal identification card 15 that demonstrates proof of identity and residency must be provided 16 to the county or city clerk not later than 5 p.m. on the Friday 17 immediately following election day and failure to do so will result 18 in the provisional ballot not being counted. 19 7. Nothing in this section shall be construed to authorize an 20 elector’s provisional ballot that is cast pursuant to this section to 21 be counted unless the elector provides proof of identity and 22 residency as required pursuant to this section. 23 Sec. 2. NRS 293.5847 is hereby amended to read as follows: 24 293.5847 1. Notwithstanding the close of any method of 25 registration for an election pursuant to NRS 293.560 or 293C.527, 26 an elector may register to vote in person on the day of the election at 27 any polling place in the county or city, as applicable, in which the 28 elector is eligible to vote. 29 2. To register to vote on the day of the election, an elector 30 must: 31 (a) Appear before the close of polls at a polling place in the 32 county or city, as applicable, in which the elector is eligible to vote. 33 (b) Complete the application to register to vote by a method 34 authorized by the county or city clerk pursuant to this paragraph. 35 The county or city clerk shall authorize at least one of the following 36 methods for a person to register to vote pursuant to this paragraph: 37 (1) A paper application; or 38 (2) The system established by the Secretary of State pursuant 39 to NRS 293.671. 40 If the county or city clerk authorizes the use of both methods, the 41 county or city clerk may limit the use of one method to 42 circumstances when the other method is not reasonably available. 43 (c) Except as otherwise provided in [subsection 3,] this section, 44 provide his or her [current] : 45 – 6 – - *SB422* (1) Current and valid driver’s license or identification card 1 issued by [the Department of Motor Vehicles which shows his or 2 her physical address] this State, another state, the District of 3 Columbia or any territory of the United States as proof of the 4 elector’s identity , and if the driver’s license or identification card 5 was issued by the Department of Motor Vehicles and shows the 6 elector’s current residential address, as proof of the elector’s 7 identity and residency [.] ; or 8 (2) Tribal identification card as proof of the elector’s 9 identity and, if the tribal identification card shows the elector’s 10 current residential address, as proof of the elector’s identity and 11 residency. 12 3. If the elector’s driver’s license or identification card was 13 issued by the Department of Motor Vehicles [to the elector] but 14 does not have the elector’s current residential address, an original, 15 electronic or certified copy of the following documents may be used 16 to establish the residency of the elector if the current residential 17 address of the elector, as indicated on his or her application to 18 register to vote, is displayed on the document: 19 (a) A military identification card; 20 (b) A utility bill, including, without limitation, a bill for electric, 21 gas, oil, water, sewer, septic, telephone, cellular telephone or cable 22 television service [;] , that is dated not more than 60 days before 23 the elector is registering to vote; 24 (c) A bank or credit union statement [;] that is dated not more 25 than 60 days before the elector is registering to vote; 26 (d) A paycheck [;] that is dated not more than 60 days before 27 the elector is registering to vote; 28 (e) An income tax return; 29 (f) A statement concerning the mortgage, rental or lease of a 30 residence; 31 (g) A motor vehicle registration; 32 (h) A property tax statement; or 33 (i) Any other document issued by a governmental agency. 34 4. [Subject] Except as otherwise provided in subsection 5 or 6, 35 subject to final verification, if an elector registers to vote in person 36 at a polling place pursuant to this section: 37 (a) The elector shall be deemed to be conditionally registered to 38 vote at the polling place upon: 39 (1) The determination that the application to register to vote 40 is complete; and 41 (2) The verification of the elector’s identity and residency 42 pursuant to this section. 43 (b) After the elector is deemed to be conditionally registered to 44 vote at the polling place pursuant to paragraph (a), the elector: 45 – 7 – - *SB422* (1) May vote in the election only at that polling place; 1 (2) Must vote as soon as practicable and before leaving that 2 polling place; and 3 (3) Must vote by casting a provisional ballot. 4 5. If an elector who appears to vote provides as proof of 5 identity a driver’s license or identification card that was not issued 6 by the Department of Motor Vehicles or provides a tribal 7 identification card that does not have the elector’s current 8 residential address, the elector may cast a provisional ballot 9 pursuant to subsection 4 if the elector completes a written 10 affirmation on a form provided by an election officer which 11 includes, without limitation: 12 (a) A statement in which the person affirms under penalty of 13 perjury that he or she is a qualified elector; and 14 (b) A statement informing the elector that a current and valid 15 driver’s license, identification card or interim document issued by 16 the Department of Motor Vehicles or a tribal identification card 17 that demonstrates residency must be provided to the county or city 18 clerk not later than 5 p.m. on the Friday immediately following 19 election day and that failure to do so will result in the provisional 20 ballot not being counted. 21 6. If an elector who appears to vote does not have a driver’s 22 license or identification card issued by this State, another state, the 23 District of Columbia or any territory of the United States or a 24 tribal identification card, the elector may cast a provisional ballot 25 pursuant to subsection 4 if the elector completes a written 26 affirmation on a form provided by an election officer which 27 includes: 28 (a) A statement in which the person affirms under penalty of 29 perjury that he or she is a qualified elector but has not been issued 30 a driver’s license or identification card by this State, another state, 31 the District of Columbia or any territory of the United States or a 32 tribal identification card; and 33 (b) A statement informing the elector that a current and valid 34 driver’s license, identification card or interim document issued by 35 the Department of Motor Vehicles or a tribal identification card 36 that demonstrates proof of identity and residency must be provided 37 to the county or city clerk not later than 5 p.m. on the Friday 38 immediately following election day and failure to do so will result 39 in the provisional ballot not being counted. 40 7. Nothing in this section shall be construed to authorize an 41 elector’s provisional ballot that is cast pursuant to this section to 42 be counted unless the elector provides proof of identity and 43 residency as required pursuant to this section. 44 – 8 – - *SB422* Sec. 3. NRS 481.057 is hereby amended to read as follows: 1 481.057 [In] 2 1. Except as otherwise provided in subsection 2, in a county 3 whose population is 100,000 or more, the Director may arrange for 4 offices of the Department to remain open on Saturdays and Sundays 5 and at hours other than 8 a.m. to 5 p.m. 6 2. In a county whose population is 100,000 or more, the 7 Director shall arrange for the offices of the Department to remain 8 open on Saturdays and Sundays and at hours other than 8 a.m. to 9 5 p.m. for a person to apply only for the issuance or renewal of 10 any type of driver’s license or identification card issued by the 11 Department: 12 (a) During the 2 weeks immediately preceding the last day to 13 register to vote by mail pursuant to NRS 293.560 for a primary 14 election, presidential preference primary election or general 15 election; and 16 (b) During the 6 calendar days immediately following the day 17 of a primary election, presidential preference primary election or 18 general election. 19 3. In a county whose population is 100,000 or more, the 20 Department shall not require a person to have an appointment for 21 the issuance or renewal of any type of driver’s license or 22 identification card issued by the Department: 23 (a) During the 2 weeks immediately preceding the last day to 24 register to vote by mail pursuant to NRS 293.560 for a primary 25 election, presidential preference primary election or general 26 election; and 27 (b) During the 6 calendar days immediately following the day 28 of a primary election, presidential preference primary election or 29 general election. 30 4. As used in this section: 31 (a) “General election” has the meaning ascribed to it in 32 NRS 293.060. 33 (b) “Presidential preference primary election” has the 34 meaning ascribed to it in NRS 293.0771. 35 (c) “Primary election” has the meaning ascribed to it in 36 NRS 293.080. 37 Sec. 4. This act becomes effective on July 1, 2025. 38 H