EXEMPT
(Reprinted with amendments adopted on May 31, 2023)
SECOND REPRINT S.B. 443
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SENATE BILL NO. 443–COMMITTEE ON
LEGISLATIVE OPERATIONS AND ELECTIONS
MARCH 27, 2023
____________
Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to voter registration.
(BDR 24-842)
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; 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; making an appropriation to the Department of
Motor Vehicles for certain security costs relating to
extended hours of operation required 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) Sections 1.6 and 2 of 11
this bill instead provide that to register to vote in person during the period for early 12
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voting or on election day, an elector must, with certain exceptions, provide a 13
current and valid driver’s license or identification card issued by this State, another 14
state, the District of Columbia or a territory of the United States or provide a tribal 15
identification card as proof of identity. If the elector’s driver’s license or 16
identification card was issued by the Department of Motor Vehicles and shows the 17
elector’s current residential address, the driver’s license or identification card is 18
also proof of the elector’s residency. If the elector’s tribal identification card shows 19
the elector’s current residential address, the tribal identification card is also proof of 20
the elector’s residency. 21
If the elector’s driver’s license or identification card was not issued by the 22
Department of Motor Vehicles, the elector may cast a provisional ballot if he or she 23
completes a written affirmation. Any such elector who casts a provisional ballot 24
must provide a current and valid driver’s license or identification card issued by the 25
Department of Motor Vehicles, an interim document issued by the Department of 26
Motor Vehicles or a tribal identification card demonstrating proof of residency by 5 27
p.m. on the Friday immediately following election day. 28
Sections 1.6 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 1.6 and 2 further provide that if an elector does not have a driver’s 35
license or identification card issued by this State or 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 County and Washoe 45
County). (NRS 481.057) Section 3 of this bill provides that, in a county whose 46
population is 100,000 or more, the Director is required to arrange for the offices of 47
the 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
Section 3.5 of this bill makes an appropriation from the State Highway Fund to 62
the Department of Motor Vehicles for the costs of additional security services for 63
the extended hours of operation required by section 3. 64
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
Sec. 1.3. (Deleted by amendment.) 2
Sec. 1.6. NRS 293.5842 is hereby amended to read as follows: 3
293.5842 1. Notwithstanding the close of any method of 4
registration for an election pursuant to NRS 293.560 or 293C.527, 5
an elector may register to vote in person at any polling place for 6
early voting by personal appearance in the county or city, as 7
applicable, in which the elector is eligible to vote. 8
2. To register to vote in person during the period for early 9
voting, an elector must: 10
(a) Appear before the close of polls at a polling place for early 11
voting by personal appearance in the county or city, as applicable, in 12
which the elector is eligible to vote. 13
(b) Complete the application to register to vote by a method 14
authorized by the county or city clerk pursuant to this paragraph. 15
The county or city clerk shall authorize at least one of the following 16
methods for a person to register to vote pursuant to this paragraph: 17
(1) A paper application; or 18
(2) The system established by the Secretary of State pursuant 19
to NRS 293.671. 20
If the county or city clerk authorizes the use of both methods, the 21
county or city clerk may limit the use of one method to 22
circumstances when the other method is not reasonably available. 23
(c) Except as otherwise provided in [subsection 3,] this section, 24
provide his or her [current] : 25
(1) Current and valid driver’s license or identification card 26
issued by [the Department of Motor Vehicles which shows his or 27
her physical address] this State or another state, the District of 28
Columbia or any territory of the United States as proof of the 29
elector’s identity and , if the driver’s license or identification card 30
was issued by the Department of Motor Vehicles and shows the 31
elector’s current residential address, as proof of the elector’s 32
identity and residency [.] ; or 33
(2) Tribal identification card as proof of the elector’s 34
identity and, if the tribal identification card shows the elector’s 35
current residential address, as proof of the elector’s identity and 36
residency. 37
3. If the elector’s driver’s license or identification card was 38
issued by the Department of Motor Vehicles [to the elector] but 39
does not have the elector’s current residential address, an original, 40
electronic or certified copy of the following documents may be used 41
to establish the residency of the elector if the current residential 42
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address of the elector, as indicated on his or her application to 1
register to vote, is displayed on the document: 2
(a) A military identification card; 3
(b) A utility bill, including, without limitation, a bill for electric, 4
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 5
television service [;] , that is dated not more than 60 days before 6
the date on which the elector is registering to vote; 7
(c) A bank or credit union statement [;] that is dated not more 8
than 60 days before the date on which the elector is registering to 9
vote; 10
(d) A paycheck [;] that is dated not more than 60 days before 11
the date on which the elector is registering to vote; 12
(e) An income tax return; 13
(f) A statement concerning the mortgage, rental or lease of a 14
residence; 15
(g) A motor vehicle registration; 16
(h) A property tax statement; or 17
(i) Any other document issued by a governmental agency. 18
4. [Subject] Except as otherwise provided in subsection 5 or 6, 19
subject to final verification, if an elector registers to vote in person 20
at a polling place pursuant to this section: 21
(a) The elector shall be deemed to be conditionally registered to 22
vote at the polling place upon: 23
(1) The determination that the application to register to vote 24
is complete; and 25
(2) The verification of the elector’s identity and residency 26
pursuant to this section. 27
(b) After the elector is deemed to be conditionally registered to 28
vote at the polling place pursuant to paragraph (a), the elector: 29
(1) May vote in the election only at that polling place; 30
(2) Must vote as soon as practicable and before leaving that 31
polling place; and 32
(3) Must vote by casting a provisional ballot, unless it is 33
verified, at that time, that the elector is qualified to register to vote 34
and to cast a regular ballot in the election at that polling place. 35
5. If an elector who appears to vote provides as proof of 36
identity a driver’s license or identification card that was not issued 37
by the Department of Motor Vehicles or provides a tribal 38
identification card that does not have the elector’s current 39
residential address, the elector may cast a provisional ballot 40
pursuant to subsection 4 if the elector completes a written 41
affirmation on a form provided by an election officer which 42
includes: 43
(a) A statement in which the person affirms under penalty of 44
perjury that he or she is a qualified elector; and 45
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(b) A statement informing the voter that a current and valid 1
driver’s license, identification card or interim document issued by 2
the Department of Motor Vehicles or a tribal identification card 3
that demonstrates residency must be provided to the county or city 4
clerk not later than 5 p.m. on the Friday immediately following 5
election day and that failure to do so will result in the provisional 6
ballot not being counted. 7
6. If an elector who appears to vote does not have a driver’s 8
license or identification card issued by this State or another state, 9
the District of Columbia or any territory of the United States or a 10
tribal identification card, the elector may cast a provisional ballot 11
pursuant to subsection 4 if the elector completes a written 12
affirmation on a form provided by an election officer which 13
includes: 14
(a) A statement in which the person affirms under penalty of 15
perjury that he or she is a qualified elector but has not been issued 16
a driver’s license or identification card by this State or another 17
state, the District of Columbia or any territory of the United States 18
or a tribal identification card; and 19
(b) A statement informing the voter that a current and valid 20
driver’s license, identification card or interim document issued by 21
the Department of Motor Vehicles or a tribal identification card 22
that demonstrates proof of identity and residency must be provided 23
to the county or city clerk not later than 5 p.m. on the Friday 24
immediately following election day and failure to do so will result 25
in the provisional ballot not being counted. 26
7. Nothing in this section shall be construed to authorize an 27
elector’s provisional ballot that is cast pursuant to this section to 28
be counted unless the elector provides proof of identity and 29
residency as required pursuant to this section. 30
Sec. 2. NRS 293.5847 is hereby amended to read as follows: 31
293.5847 1. Notwithstanding the close of any method of 32
registration for an election pursuant to NRS 293.560 or 293C.527, 33
an elector may register to vote in person on the day of the election at 34
any polling place in the county or city, as applicable, in which the 35
elector is eligible to vote. 36
2. To register to vote on the day of the election, an elector 37
must: 38
(a) Appear before the close of polls at a polling place in the 39
county or city, as applicable, in which the elector is eligible to vote. 40
(b) Complete the application to register to vote by a method 41
authorized by the county or city clerk pursuant to this paragraph. 42
The county or city clerk shall authorize at least one of the following 43
methods for a person to register to vote pursuant to this paragraph: 44
(1) A paper application; or 45
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(2) The system established by the Secretary of State pursuant 1
to NRS 293.671. 2
If the county or city clerk authorizes the use of both methods, the 3
county or city clerk may limit the use of one method to 4
circumstances when the other method is not reasonably available. 5
(c) Except as otherwise provided in [subsection 3,] this section, 6
provide his or her [current] : 7
(1) Current and valid driver’s license or identification card 8
issued by [the Department of Motor Vehicles which shows his or 9
her physical address] this State or another state, the District of 10
Columbia or any territory of the United States as proof of the 11
elector’s identity , and if the driver’s license or identification card 12
was issued by the Department of Motor Vehicles and shows the 13
elector’s current residential address, as proof of the elector’s 14
identity and residency [.] ; or 15
(2) Tribal identification card as proof of the elector’s 16
identity and, if the tribal identification card shows the elector’s 17
current residential address, as proof of the elector’s identity and 18
residency. 19
3. If the elector’s driver’s license or identification card was 20
issued by the Department of Motor Vehicles [to the elector] but 21
does not have the elector’s current residential address, an original, 22
electronic or certified copy of the following documents may be used 23
to establish the residency of the elector if the current residential 24
address of the elector, as indicated on his or her application to 25
register to vote, is displayed on the document: 26
(a) A military identification card; 27
(b) A utility bill, including, without limitation, a bill for electric, 28
gas, oil, water, sewer, septic, telephone, cellular telephone or cable 29
television service [;] , that is dated not more than 60 days before 30
the elector is registering to vote; 31
(c) A bank or credit union statement [;] that is dated not more 32
than 60 days before the elector is registering to vote; 33
(d) A paycheck [;] that is dated not more than 60 days before 34
the elector is registering to vote; 35
(e) An income tax return; 36
(f) A statement concerning the mortgage, rental or lease of a 37
residence; 38
(g) A motor vehicle registration; 39
(h) A property tax statement; or 40
(i) Any other document issued by a governmental agency. 41
4. [Subject] Except as otherwise provided in subsection 5 or 6, 42
subject to final verification, if an elector registers to vote in person 43
at a polling place pursuant to this section: 44
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(a) The elector shall be deemed to be conditionally registered to 1
vote at the polling place upon: 2
(1) The determination that the application to register to vote 3
is complete; and 4
(2) The verification of the elector’s identity and residency 5
pursuant to this section. 6
(b) After the elector is deemed to be conditionally registered to 7
vote at the polling place pursuant to paragraph (a), the elector: 8
(1) May vote in the election only at that polling place; 9
(2) Must vote as soon as practicable and before leaving that 10
polling place; and 11
(3) Must vote by casting a provisional ballot. 12
5. If an elector who appears to vote provides as proof of 13
identity a driver’s license or identification card that was not issued 14
by the Department of Motor Vehicles or provides a tribal 15
identification card that does not have the elector’s current 16
residential address, the elector may cast a provisional ballot 17
pursuant to subsection 4 if the elector completes a written 18
affirmation on a form provided by an election officer which 19
includes: 20
(a) A statement in which the person affirms under penalty of 21
perjury that he or she is a qualified elector; and 22
(b) A statement informing the voter that a current and valid 23
driver’s license, identification card or interim document issued by 24
the Department of Motor Vehicles or a tribal identification card 25
that demonstrates residency must be provided to the county or city 26
clerk not later than 5 p.m. on the Friday immediately following 27
election day and that failure to do so will result in the provisional 28
ballot not being counted. 29
6. If an elector who appears to vote does not have a driver’s 30
license or identification card issued by this State or another state, 31
the District of Columbia or any territory of the United States or a 32
tribal identification card, 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: 36
(a) A statement in which the person affirms under penalty of 37
perjury that he or she is a qualified elector but has not been issued 38
a driver’s license or identification card by this State or another 39
state, the District of Columbia or any territory of the United States 40
or a tribal identification card; and 41
(b) A statement informing the voter that a current and valid 42
driver’s license, identification card or interim document issued by 43
the Department of Motor Vehicles or a tribal identification card 44
that demonstrates proof of identity and residency must be provided 45
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to the county or city clerk not later than 5 p.m. on the Friday 1
immediately following election day and failure to do so will result 2
in the provisional ballot not being counted. 3
7. Nothing in this section shall be construed to authorize an 4
elector’s provisional ballot that is cast pursuant to this section to 5
be counted unless the elector provides proof of identity and 6
residency as required pursuant to this section. 7
Sec. 3. NRS 481.057 is hereby amended to read as follows: 8
481.057 [In] 9
1. Except as otherwise provided in subsection 2, in a county 10
whose population is 100,000 or more, the Director may arrange for 11
offices of the Department to remain open on Saturdays and Sundays 12
and at hours other than 8 a.m. to 5 p.m. 13
2. In county whose population is 100,000 or more, the 14
Director shall arrange for the offices of the Department to remain 15
open on Saturdays and Sundays and at hours other than 8 a.m. to 16
5 p.m. for a person to apply only for the issuance or renewal of 17
any type of driver’s license or identification card issued by the 18
Department: 19
(a) During the 2 weeks immediately preceding the last day to 20
register to vote by mail pursuant to NRS 293.560 for a primary 21
election, presidential preference primary election or general 22
election; and 23
(b) During the 6 calendar days immediately following the day 24
of a primary election, presidential preference primary election or 25
general election. 26
3. In a county whose population is 100,000 or more, the 27
Department shall not require a person to have an appointment for 28
the issuance or renewal of any type of driver’s license or 29
identification card issued by the Department: 30
(a) During the 2 weeks immediately preceding the last day to 31
register to vote by mail pursuant to NRS 293.560 for a primary 32
election, presidential preference primary election or general 33
election; and 34
(b) During the 6 calendar days immediately following the day 35
of a primary election, presidential preference primary election or 36
general election. 37
4. As used in this section: 38
(a) “General election” has the meaning ascribed to it in 39
NRS 293.060. 40
(b) “Presidential preference primary election” has the 41
meaning ascribed to it in NRS 293.0771. 42
(c) “Primary election” has the meaning ascribed to it in 43
NRS 293.080. 44
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Sec. 3.5. 1. There is hereby appropriated from the State 1
Highway Fund to the Department of Motor Vehicles the sum of 2
$15,449 for the costs of additional security services for the extended 3
hours of operation required by NRS 481.057, as amended by section 4
3 of this act. 5
2. Any remaining balance of the appropriation made by 6
subsection 1 must not be committed for expenditure after June 30, 7
2025, by the entity to which the appropriation is made or any entity 8
to which money from the appropriation is granted or otherwise 9
transferred in any manner, and any portion of the appropriated 10
money remaining must not be spent for any purpose after 11
September 19, 2025, by either the entity to which the money was 12
appropriated or the entity to which the money was subsequently 13
granted or transferred, and must be reverted to the State Highway 14
Fund on or before September 19, 2025. 15
Sec. 4. 1. This section becomes effective upon passage and 16
approval. 17
2. Sections 1 to 3, inclusive, of this act become effective: 18
(a) Upon passage and approval for the purpose of adopting 19
regulations and performing any other preparatory administrative 20
tasks that are necessary to carry out the provisions of this act; and 21
(b) On May 1, 2024, for all other purposes. 22
3. Section 3.5 of this act becomes effective on July 1, 2024. 23
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