Nevada 2017 Regular Session Status: Enacted

AB 478 — Revises provisions relating to elections. (BDR 24-463)

Last action — Approved by the Governor. Chapter 94.

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    Introduced
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  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 27, 2017. Enacted.

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Advancing 50% · moderate confidence

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

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612 added · 655 removed

612 line(s) added, 655 removed.

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(Reprinted with amendments adopted on April 24, 2017) FIRST REPRINT A.B.
Assembly Bill No.
478 ASSEMBLY B ILLN O.
478–Committee on Legislative Operations and Elections CHAPTER..........
478–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS (ON BEHALF OF THE SECRETARY OF STATE ) M ARCH 27, 2017 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections.
(BDR 24-463) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
submits an application to register to vote by mail be registered to vote in an election for federal office if the voter registration form is postmarked not later than 30 days before the date of the election.
Existing federal law requires that each state ensure that an eligible voter who submits an application to register to vote by mail be registered to vote in an election before the date of the election.
§ 20507) Under existing Nevada law, an application to register to vote by mail must be postmarked or received by the county clerk not later than the fifth Saturday before a primary election, primary city election, general election or general city election.
§ 20507) Under existing Nevada law, andays application to register to vote by mail must be postmarked or received by the county clerk not later than the fifth Saturday before a primary election, primary city election, general election or general city election.
(NRS 293.5235, 293.560, 293C.527) This bilSections 5 and 6 of this bill provide the last day to register to vote by mail is the fourth Tuesday preceding the primary election, primary city election, general election or general city election.
(NRS 293.5235, 293.560, 293C.527) This bill changes the deadline to register to vote by mail for these elections.
the fourth Tuesday preceding the primary election, primary city election, generall is election or general city election.
(NRS 293.560, 293C.527) register to vote by computer is the Thursday before the period for early votingy to begins.
(NRS 293.560, 293C.527) Sections 5 and 6 of this bill provide, with limited exception, that the last day to register to vote by computer is the Thursday before the period for early voting begiExisting law requires county and city clerks to distribute sample ballots before the period for early voting begins.
- *AB478_R1* – 2 – Existing law requires county and city clerks to distribute sample ballots before the period for early voting begins.
(NRS 293.565, 293C.530) Sections 5.5 and 6.5 of this bill provide a limited exception to this requirement so that the clerks are not required to distribute sample ballots for an election to persons who register to vote less than 20 days before the election.
(NRS 293.565, 293C.530) Sections 5.5 and 6.5 required to distribute sample ballots for an election to persons who register to voteot less than 20 days before the election.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
Section 1.
matter between brackets [omitted material] is material to be omitted.
THE PSENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
IN Section 1.
(a) Is written in a format that allows the clear identification of candidates;
- 79th Session (2017) – 2 – (a) Is written in a format that allows the clear identification of candidates;
2.
and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.
To have questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.
The following offices shall serve as voter registration agencies:
The following offices shall serve as voter reg(a) Such offices that provide public assistance as are designated by the Secretary of State;
- *AB478_R1* – 3 – (a) Such offices that provide public assistance as are designated by the Secretary of State;
(a) Post in a conspicuous place, in at least 12-point type, instructions for registering to vote;
- 79th Session (2017) – 3 – (a) Post in a conspicuous place, in at least 12-point type, instructions for registering to vote;
(b) Except as otherwise provided in subsection 3, distribute applications to register to vote which may be returned by mail with any application for services or assistance from the agency or submitted for any other purpose and with each application for recertification, renewal or change of address submitted to the agency that relates to such services, assistance or other purpose;
(b) Except as otherwise provided in subsection 3, distribute applications to register to vote which may be returned by mail with submitted for any other purpose and with each application for recertification, renewal or change of address submitted to the agency that relates to such services, assistance or other purpose;
The county clerk shall accept any application to register to vote which is obtained from a voter registration agency pursuant to this section and completed by the [fifth Sunday preceding an election] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, - *AB478_R1* – 4 – as applicable, if the county clerk receives the application not later than 5 days after that date.
The county clerk shall accept any application to register to vote which is and completed by the [fifth Sunday preceding an election] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the application not later than 5 days after that date.
The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which the field registrar is appointed.
The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided - 79th Session (2017) – 4 – in NRS 293.5055, shall register voters within the county for which the field registrar is appointed.
A field registrar serves at the pleasure of the county clerk and shall perform such duties as the county clerk may direct.
A field registrar serves at the pleasure of may direct.
The county clerk shall not knowingly appoint any person as a field registrar who has been convicted of a felony involving theft or fraud.
The county clerk shall not knowingly appoint any clerk person as a field registrar who has been convicted of a felony involving theft or fraud.
Within 5 days after the [fifth Sunday preceding any general election or general city election,] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, a field registrar shall return all unused applications in his or her possession to the county clerk.
Within 5 days after the [fifth Sunday preceding any general election or general city election,] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, a field registrar shall return all unused applications in his or her possession to the county clerk, the field registrar shall account for the returned unreturned applications.
If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.
Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote - *AB478_R1* – 5 – and the names of the electors on those applications.
Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications.
or (b) Refuse to register a person on account of that person’s political party affiliation.
or - 79th Session (2017) – 5 – (b) Refuse to register a person on account of that person’s political party affiliation.
A person shall not hold himself or herself out to be or attempt to exercise the duties of a field registrar unless the person has been so appointed.
A person shall not hold himself or herself out to be or attempt to exercise the duties of a field registrar unless the person has10.en A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection of NRS 293.5235 shall not:
10.
A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:
A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:
A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection of NRS 293.5235 shall not:
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or (b) Register a person who fails to provide satisfactory proof of identification and the address at which the person actually resides.
or (b) Register a person who fails to provide satisfactory proof of ide13.ficA county clerk, field registrar, employee of a voteresides.
13.
registration agency, person assisting a voter pursuant to subsection of NRS 293.5235 or any other person providing a form for the application to register to vote to an elector for the purpose of registering to vote:
A county clerk, field registrar, employee of a voter registration agency, person assisting a voter pursuant to subsection 13 of NRS 293.5235 or any other person providing a form for the application to register to vote to an elector for the purpose of registering to vote:
(a) If the person who assists an elector with completing the form for the application to register to vote retains the form, shall enter his or her name on the duplicate copy or receipt retained by the voter upon completion of the form;
(a) If the person who assists an elector with completing the form for the application to register to vote retains the form, shall enter his - *AB478_R1* – 6 – or her name on the duplicate copy or receipt retained by the voter upon completion of the form;
14.
- 79th Session (2017) – 6 – 14.
15.
8, 9, 10, 12 or 13 is guilty of a category E felony and shall beon punished as provided in NRS 193.130.
A person who violates any of the provisions of subsection 8, 9, 10, 12 or 13 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
For the purposes of this section, each employee specifically authorized to do so by the Director of the Department may oversee the completion of an application.
For the purposes of this section, each employee specifically the completion of an application.
The authorized employee shall check the application for completeness and verify the information required by the application.
The authorized employee shallee check the application for completeness and verify the information required by the application.
The applications must be forwarded daily during the 2 weeks immediately preceding the [fifth - *AB478_R1* – 7 – Sunday preceding an election.] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable.
The applications must be forwarded daily during the 2 weeks immediately preceding the [fifth Sunday preceding an election.] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable.
The county clerk shall accept any application to register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the [fifth Sunday preceding an election] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the application not later than 5 days after that date.
The county clerk shall accept any application to register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the [fifth Sunday - 79th Session (2017) – 7 – preceding an election] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the application not later than 5 days after that date.
Upon receipt of an application, the county clerk or field registrar of voters shall determine whether the application is complete.
Upon receipt of an application, the county clerk or field registrar of voters clerk or field registrar of voters determines that the application is complete, he or she shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application.
If the county clerk or field registrar of voters determines that the application is complete, he or she shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application.
The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to register to vote.
The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for app6.catUpon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters’ register.
6.
Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters’ register.
- *AB478_R1* – 8 – (b) Prescribe the contents of any forms or applications which the Department is required to distribute pursuant to this section;
(b) Prescribe the contents of any forms or applications which the Department is required to distribute pursuant to this section;
and (c) Provide for the transfer of the completed applications of registration from the Department to the appropriate county clerk for inclusion in the rosters and registrar of voters’ register.
and - 79th Session (2017) – 8 – (c) Provide for the transfer of the completed applications of registration from the Department to the appropriate county clerk for inclusion in the rosters and registrar of voters’ register.
293.560 1.
293D.230 and 293D.300 [, registration must close on] :93.502, (a) For a primary or general election, or a recall or special election that is held on the same day as a primary or general election, the last day to register to vote:
Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300 [, registration must close on] :
(a) For a primary or general election, or a recall or special election that is held on the same day as a primary or general election, the last day to register to vote:
during the last 2 days on which [registration is open.] a person may register to vote in person.
during the last 2 days on which county whose population is less than 100,000, the office of the.
In a county whose population is less than 100,000, the office of the county clerk may close at 5 p.m.
In a county clerk may close at 5 p.m.
- *AB478_R1* – 9 – (1) On weekdays until 9 p.m.;
- 79th Session (2017) – 9 – (1) On weekdays until 9 p.m.;
Except for a special election held pursuant to chapter 306 or 350 of NRS:
Except for a special election held pursuant to chapter 306 or 350(a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:
(a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:
or (b) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.
or (b) By computer, if the county clerk has established a system pur7.]nt A county facility designated pursuant to NRS 293.5035s.
7.] A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.
may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.
(c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.121 or 295.230, of each proposed constitutional amendment, statewide measure, measure to be voted - *AB478_R1* – 10 – upon only by a special district or political subdivision and advisory question;
- 79th Session (2017) – 10 – (c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.121 or 295.230, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory que(d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 or 295.121;
(d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 or 295.121;
4.
sample ballots by electronic means to each registered voter who elects to receive a sample ballot by electronic means.
A county clerk may establish a system for distributing sample ballots by electronic means to each registered voter who elects to receive a sample ballot by electronic means.
[Before] Except as otherwise provided in subsection 7, before the period for early voting for any election begins, the county clerk shall distribute to each registered voter in the county by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place.
[Before] Except as otherwise provided in subsection 7, before the period for early voting for any election begins, the county - 79th Session (2017) – 11 – clerk shall distribute to each registered voter in the county by mail precinct, with a notice informing the voter of the location of his or her polling place.
- *AB478_R1* – 11 – (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before distributing the sample ballots;
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before distributing the sample ballots;
7 NOTICE:
NOTICE:
Except as otherwise provided in subsection [8,] 9, a sample ballot required to be distributed pursuant to this section must:
Except as otherwise provided in subsection [8,] 9, a sample bal(a) Be prepared in at least 12-point type;
(a) Be prepared in at least 12-point type;
ands section must:
and (b) Include on the front page, in a separate box created by bold lines, a notice prepared in at least 20-point bold type that states:
(b) Include on the front page, in a separate box created by bold lines, a notice prepared in at least 20-point bold type that states:
If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots distributed to that person from the county are in large type.
If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots distributed to tha[11.] 12.
[11.] 12.
The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, - 79th Session (2017) – 12 – including, without limitation, providing appropriate materials to assist the voter.
The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter.
In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for include in the sample ballot a statement indicating:y clerk shall (a) The addresses of such centralized voting locations;
In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:
(b) The types of specially equipped voting devices available at such centralized voting locations;
(a) The addresses of such centralized voting locations;
- *AB478_R1* – 12 – (b) The types of specially equipped voting devices available at such centralized voting locations;
[and on] (3) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters and:
[and on] (3) By computer, if the county clerk of the county in which 293.506 for using a computer to register voters and:t to NRS (I) The governing body of the city has provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110, is the Thursday preceding the first day of the period for early voting.
(I) The governing body of the city has provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110, is the Thursday preceding the first day of the period for early voting.
[, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close on the third Tuesday preceding the day of the elections.] 2.
[, except that if a recall or special election is held on the same day as a - 79th Session (2017) – 13 – primary city election or general city election, registration must close on the third Tuesday preceding the day of the elections.] 2.
during the last 2 days on which [registration is open.] a person may register to vote in person.
during the last 2 days on person.
- *AB478_R1* – 13 – (a) In a city whose population is less than 25,000, the office of the city clerk must be open until 7 p.m.
(a) In a city whose population is less than 25,000, the office of the city clerk must be open until 7 p.m.
Except for a special election held pursuant to chapter 306 or 350 of NRS:
Except for a special election held pursuant to chapter 306 or of NRS:
and (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.
and (2) If the city clerk has designated a municipal facility ¬ If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.
¬ If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.
or (b) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters.
or - 79th Session (2017) – 14 – (b) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters.
6.] A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.
6.] A municipal facility designated pursuant to NRS 293C.520 hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.
If a city clerk - *AB478_R1* – 14 – establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the city clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.
If a city clerk establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the city clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.
(a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before distributing the sample ballots;
registered voter in the city not sooner than 10 days beforeeach distributing the sample ballots;
(a) Be prepared in at least 12-point type;
- 79th Session (2017) – 15 – (a) Be prepared in at least 12-point type;
(b) Include the description of the anticipated financial effect and explanation of each citywide measure and advisory question, including arguments for and against the measure or question, as required pursuant to NRS 295.205 or 295.217;
(b) Include the description of the anticipated financial effect and explanation of each citywide measure and advisory question, including arguments for and against the measure or question, as req(c) Include on the front page, in a separate box created by bold lines, a notice prepared in at least 20-point bold type that states:
and (c) Include on the front page, in a separate box created by bold lines, a notice prepared in at least 20-point bold type that states:
- *AB478_R1* – 15 – [6.] 7.
[6.] 7.
The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter.
The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to reasonable assistance to the voter in casting his or her vote,e including, without limitation, providing appropriate materials to assist the voter.
and (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at the voter’s reg[10.] 11.
and (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at the voter’s regularly designated polling place.
- 79th Session (2017) – 16 – [10.] 11.
H - *AB478_R1*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 94.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.

  8. In Senate.

  9. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  10. From printer. To engrossment. Engrossed. First reprint .

  11. Read second time. Amended. (Amend. No. 520.) To printer.

  12. Placed on Second Reading File.

  13. From committee: Amend, and do pass as amended.

  14. From printer. To committee.

  15. Read first time. Referred to Committee on Legislative Operations and Elections. To printer.

Sponsors

  • Legislative Operations and Elections · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Legislative Operations and Elections

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 478?
AB 478 is sponsored by Legislative Operations and Elections.
What is the current status of AB 478?
This bill has been enacted into law. Introduced March 27, 2017. Enacted.
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