AB 418 — Revises provisions relating to elections. (BDR 24-750)

(ReprintedAssembly withBill amendmentsNo. adopted on May 24, 2017) THIRD REPRINT A.B.

418418–Committee Aon SSEMBLYLegislative BOperations ILLNand O.Elections CHAPTER..........

418–COMMITTEE ON L EGISLATIVE O PERATIONS AND ELECTIONS M ARCH 27, 2017 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections.

(BDR 24-750) 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.

142, 146 n.4 (2010) (noting that under the privilege for voters recognized by NRS 49.315, potential jurors cannot be required to disclose how they voted on a particular ballot question)) Section 1 of this bill supplements the privilege for voters recognized by existing law and provides that, in addition to the right to claim the privilege for voters legallyrecognized atby anexisting electionlaw may not, in anyapplicable otherproceedings, proceedingsa orvoter circumstances,who beecasts compelleda tovote reveallegally underat oathan howelection hemay ornot, shein votedany atother theproceedings election,or andcircumstances, thebe voter has a privilege to refuse to disclose the tenor of his or her vote at the election.

Under existing law, voted ballots, rejected ballots, spoiled ballots, challenge lists, certain records printed on paper of ballots voted by using a mechanical recording device and stubs of ballots used must be deposited in the vaults of the casescounty ofclerk. a contested election, and then only by the judge, body or board before in whom the election is being contested or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.

(NRSThe 293.391)voted Section 2 of this - *AB418_R3* – 2 – bill clarifies that records printed on paper of ballots voted by using a mechanical recording device also are not subject to inspection by anyone, except in cases of a contested election, and then only by the judge, body or board before whom the election is being contested or by the parties to the contest, jointly, pursuantbill toclarifies anthat ordUnderrecords existingprinted law,on ifpaper a recount of anballots electionvoted inby ausing county or city that uses a mechanical votingrecording systemdevice isalso demanded,are ornot ifsubject ato recountinspection ofby ananyone, electionexcept affectingin morecases thanof onea countycontested iselection, demanded,and anthen initialonly recountby isthe donejudge, ofbody ballotsor fromboard 5before percentwhom of the totalelection numberis ofbeing precinctscontested thator votedby inthe parties to the election,contest, orjointly, atpursuant leastto threean precinctsorder thatof votedsuch injudge, thebody election.or board.

IfUnder theexisting initiallaw, if a recount showsof an election in a discrepancycounty ofor atcity leastthat 1uses electiona formechanical thevoting officesystem is demanded, or ballotif questiona recount of an election affecting more than one county is done.demanded, an initial recount is done of ballots from 5 percent of that voted in the election.

If the initial recount shows a discrepancy of at least 1s percent or five votes, whichever is greater, a full recount of all ballots at the election for the office or ballot question is done.

- 79th Session (2017) – 2 – election may be contested.

(NRS 293.410)ons specifying grounds upon which any THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

In addition to the right to claim the privilege for voters recognized by NRS 49.315 in proceedings governed by title 4 of NRS, a voter who casts a vote legally at an election may not, in any other proceedings or circumstances, be compelled under oath to reveal how he or she voted at the election, and the voter has a privilege to refuse to disclose the tenor of his or her vote at the election.

A notice of the destruction must be published by the clerk in at least one newspaper - *AB418_R3* – 3 – of general circulation in the county not less than 2 weeks before the destruction.

The rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector - 79th Session (2017) – 3 – who may wish to examine them at any time after their deposit with the county clerk.

A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1 or 2, except the voted ballots [.] and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which arearepaper of deposited with the county clerk.

If the recount is for the office of county clerk, a registrar of voters has not been appointed for the county and the chair of the board of county commissioners is a candidate on the ballot, the chair of the board of county commissioners shall appoint another member of the board of county commissioners who is not a candidate on the ballot to act as chair of the recount board.

- *AB418_R3* – 4 – (b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chair of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city, if the mayor is not a candidate on the ballot, shall act as chair of the recount board.

If the recount is for the office of city clerk and the mayor of the city is a candidate on the ballot, the mayor of the city shall appoint another member of the city council who is not a candidate on the ballot to act as chair of the recount - 79th Session (2017) – 4 – board.

Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or byrecount anboard.ed authorized representative, but may not be a member of the recount3. board.

3.

If a recount is demanded in a county or city using a mechanical voting system, the person who demanded the recount shall select the ballots for the office or ballot question affected from 5 percent of the total number of precincts for that particular office or ballot question, but in no case fewer than three precincts, after notification to each candidate for the office or the candidate’s authorized representative.

[If the recount of the selected ballots for all 5 percent of the precincts selected shows a total combined discrepancy of all precincts selected equal to or greater than 1 percent or five votes, whichever is greater, for the candidate demanding the recount or the candidate who won the election according to the original canvass of the returns, or in favor of or against a ballot question, according to the original canvass of the returns, the county or city clerk, as applicable, shall determine whether the person who demanded the recount is entitled to a recount and, if so, shall order a recount of all the ballots for that office or ballot question.

- *AB418_R3* – 5 – The person who demanded the recount shall select the ballots for the statewide office or ballot question affected from 5 percent of the total number of precincts for that particular office or ballot question after notification to each candidate for the office or the candidate’s representative.

The Secretary of State shall notify the county clerks of the 5 percent of statewide precincts selected by the person who - 79th Session (2017) – 5 – demanded the recount to examine the ballots in accordance with the provisions of this section and to notify the Secretary of State of the results of the recount in their respective precincts.

If the separate examinations, when combined, show a total discrepancy equal to or greater than 1 percent for the candidate demanding the recount or the candidate who won the election, according to the originaloriginalt or canvass of the returns, or in favor of or against a ballot question, according to the original canvass of the returns, the Secretary of State shall determine whether the person who demanded the recount is entitled to a recount and, if so, shall order the county or city clerk, as applicable, to recount all the ballots for that office or ballot question.

(1) Illegal or improper votes were cast and counted [for the defendant, which, if taken from the defendant, will reduce the numberto ofelect] the;he defendant’s legal votes below the number necessary to(2) elect]Legal ;and proper votes were not counted;

(2) Legal and proper votes were not counted;

- *AB418_R3* – 6 – (d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.

(e) That the defendant or any person acting, either directly or indirectly, on behalf of the defendant has given, or offered to give, to any person [a bribe] anything of value for the purpose of - 79th Session (2017) – 6 – [procuring his or her] manipulating or altering the outcome of the election.

(f) That there was a [possible] malfunction of any voting device or electronic tabulator, counting device [.] or computer in a themanner election.ientsufficient to raise reasonable doubt as to the outcome of Hthe -election. *AB418_R3*

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