AB 4 — Revises provisions relating to elections. (BDR 24-13)
Last action — Approved by the Governor. Chapter 3.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced July 31, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
AN ACT relating to elections; enacting provisions for conducting elections adversely affected by certain emergencies or disasters; revising provisions governing election procedures for absent ballots, mailing ballots and other mail ballots; making various other changes relating to elections; prohibiting certain unlawful acts relating to elections; providing for the transfer, disbursement and use of certain funds to pay certain expenses relating to elections; providing penalties; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
2651 added · 2796 removed2651 line(s) added, 2796 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on July 31, 2020) FIRST REPRINT A.B.
44–Committee Aof SSEMBLYthe BWhole ILLCHAPTER.......... NO .
4–COMMITTEE OF THE W HOLE JULY 31, 2020 ____________ Referred to Committee of the Whole SUMMARY—Revises provisions relating to elections.
(BDR 24-13) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAI(OTUREQUESTED BAAFFECTELOCAL3GOVERNMENT)22-27,85) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegislativeLegiExisting Counsel’slaw Digest:establishes certain procedures for conducting elections.
Existing(Title 24 of NRS) In particular, existing law establishes certaingeneral procedures for conducting elections.state, county and city elections which are set forth in chapter 293 of NRS.
(Title 24 state, county and city elections which are set forth in chapter 293 of NRS.ucting Additionally, existing law establishes various other procedures for conducting city elections which are set forth in chapter 293C of NRS and which apply to cities that are incorporated and governed under several different legal provisions, including general laws governing municipal incorporation, specific laws governing the commission form of municipal government and special laws enacting city charters NRS) When the Legislature deems it necessary to ensure consistency in thend 268 of administration, interpretation and application of particular election procedures across all state, county and city elections, the Legislature must amend the statutory provisions in both chapters 293 and 293C of NRS, and in related laws and charters, in order to align all the provisions and make them uniform in their operation for municipalNevada’s purposes.elections.
(Nev.Under existing law, a state of emergency or a declaration of disaster may be proclaimed by the Governor or by resolution of the Legislature if the Governor or occurred or is anticipated in the immediate future, or any natural, technological or man-made emergency or disaster of major proportions has actually occurred within this State;
Const.
Art.
8, §§ 1, 8;
chapters 266, 267 and 268 of NRS) When the Legislature deems it necessary to ensure consistency in the across all state, county and city elections, the Legislature must amend the statutory provisions in both chapters 293 and 293C of NRS, and in related laws and charters, in order to align all the provisions and make them uniform in their operation for Nevada’s elections.
- *AB4_R1* – 2 – proclaimed by the Governor or by resolution of the Legislature if the Governor or Legislature, as applicable, finds that:
(1) an attack upon the United States has occurred or is anticipated in the immediate future, or any natural, technological or man-made emergency or disaster of major proportions has actually occurred within this State;
During the period when such a state of emergency or declaration of disaster exists or continues, the Governor is given certain additional governmental powers and has necessarythe authority to promoteperform and secureexercise thesuch safetyother andfunctions, protectionpowers ofand theduties civilianties as are population.
(NRS 414.070)414.070)secure the safety and protection of the civilian Sections 2-27 of this bill enact election procedures which are intended to ensure that Nevada’s elections are conducted safely and securely when the occurrence or existence of an emergency or disaster in this State will adversely affect the public’s health, safety and welfare and the ability of elections officials to prepare for and conduct the affected elections under such circumstances.
Sections 28-83 of this bill make conforming changes to some of the existing election procedures set forth in chapters 293 and 293C of NRS, and in related laws and operation for Nevada’s elections.he provisions and make them uniform in their - 32nd Special Session (2020) – 2 – Under section 2 of this bill, the Legislature finds and declares that if an emergency or disaster occurs or exists in this State, sections 2-27 ensure that:
and (2) the voters have faith and confidence that they can participate in the affected elections and exercise their right to vote without fear for their health, safety and welSectionwelfare 8 of this bill enumerates the circumstances under whichsuch electionscircumstances. are deemed to be affected elections subject to sections 2-27.
Section 8 of this bill enumerates the circumstances under which elections are deemed to be affected elections subject to sections 2-27.
Section 8 also provides that if such a state of emergency or declaration of disaster is proclaimed after the statutorily designated date preceding the particular election, the Governor may order that the election is deemed to be an affected election subject to sectionsrsections 2-27 if the Governor finds that:
and (2) elections officials have sufficient time to comply with the requirements of sections 2-27 and federal law for the election.
Finally, section 8 provides that if a state of emergency or declaration of disaster is proclaimed by the Governor or by resolution of the Legislature for one or more specific areas of the State of Nevada affected by the emergency or disaster but not for the entire State of Nevada, the Governor may order that an election in one or more of those specific areas is deemed to be an affected election subject to sections 2-27 if the Governor finds that:
- *AB4_R1* – 3 – Sections 9 and 10 of this bill establish rules and standards for interpreting and applying sections 2-27 in conjunction with existing provisions governing the affected elections.
Second, sections 2-27 do not prohibit a covered voter from registering to vote or requesting or casting a military-overseas ballot in any affected elections under existing provisions of state and federal law known as the Uniformed Military and Overseas Absentee Voters Act.
§§ 20301 et seq.) Third,Third,eas sections 2-27 must be interpreted and applied to achieve their intended public purposes to:
and (2) ensure that every person who is eligible and wants to register to vote in any affected election is able to do so safely and securely and every voter who wants to cast a ballot in any affeSectionsaffected 11-14election ofis thisable bill establish various requirements relating to pollingdo placesso safely and votersecurely. registration for affected elections subject to sections 2-27, including requirements relating to:
Sections 11-14 of this bill establish various requirements relating to polling places and voter registration for affected elections subject to sections 2-27, including requirements relating to:
(3) voter registration at polling places on election day and during certain periods preceding - 32nd Special Session (2020) – 3 – election day;
(NRS 293.2733, 293.2735, 293.3072-293.3075, 293.356-293.361, 293.5772-293.5887, 293C.2675, 293C.268, 293C.3032- 293C.3035, 293C.355-293C.361) preparationSections and15-27 distribution of mailthis ballotsbill toestablish eachvarious activerequirements registeredrelating voterto: within certain periods preceding the affected elections subject to sections 2-27;
(1) the certain periods preceding the affected elections subject to sections 2-27;
(NRS 293.343-293.355, 293C.342-293C.352) Finally, sections 15-27 establish certain election procedures for the mail ballots distributed to active particularregistered electionvoters proceduresfor relatingaffected toelections absentsubject ballots,to mailing ballots and mail ballots serve similar purposes, sections 15-832-27. make conforming changes in order to align all the provisions and make them uniform in their operation for Nevada’s elections.
UnderBecause existingthese law,particular atelection theprocedures requestrelating ofto aabsent voterballots, whomailing hasballots aand physicalmail disabilityballots orserve issimilar atpurposes, leastsections 6515-83 yearsmake ofconforming agechanges orin underorder certainto otheralign circumstances,all a person may mark and sign an absent ballot on behalf of the voterprovisions or assist the voter to mark and signmake thethem absentuniform ballotin iftheir theoperation personfor compliesNevada’s withelections. certain requirements.
(NRSUnder 293.316,existing 293.3165,law, 293C.317, 293C.318) Sections 19, 28, 29, 35, 56, 57 and 65 of this bill provide that at the request of a voter who has a physical disability,disability or is at least 65 person may mark and sign an absent ballot, mailing ballot or mail ballot on behalf of the voter or assist the voter to mark and sign suchthe aabsent ballot if the person complies with certain requirements.
(NRS 293.316, 293.3165, 293C.317, 293C.318) Sections 19, 28, 29, 35, 56, 57 and 65 of this bill provide that at the request of a voter who has a physical disability, is at least 65 years of age or is unable to read or write or under certain other circumstances, a person may mark and sign an absent ballot, mailing ballot or mail ballot on behalf of the voter or assist the voter to mark and sign such a ballot if the person complies with certain requirements.
Show all 393 changed lines (353 more)
(NRS 293.317, 293.355, 293C.319, 293C.352) Sections 20, 37 and 67 of this bill provide that to be timely returned by mail, an absent ballot, -mailing *AB4_R1*ballot –or 4mail –ballot must be postmarked on or before the day of the election and received by the county or city clerk not later than 5 p.m.
on the third day following the election, the ballot is deemed to have been postmarked on or before the day of the election.
the ballot is deemed to have been postmarked on or before the day of Under existing law, a voter may authorize a member of the voter’s family or certain other persons to return an absent ballot or mailing ballot to the county or 293.330,city 293.353,clerk 293C.317,on 293C.330)behalf Sectionsof 21,the 40,voter 44,if 70certain andrequirements 75are ofmet. this bill:
(NRS 293.316, 293.330, 293.353, 293C.317, 293C.330) Sections 21, 40, 44, 70 and 75 of this bill:
Section 53 of this bill additionally - 32nd Special Session (2020) – 4 – prohibits a person from engaging in acts that alter, change, deface, damage or destroy an absent ballot, mailing ballot, mail ballot or certain other ballots without theExisting law establishes procedures that the countyvoter’s orpermission. city clerk must follow to verify the signature of a voter on an absent ballot or mailing ballot.
(NRSExisting 293.325,law 293.355,establishes 293C.325, 293C.352) Sections 23, 39 and 69 of this bill revise these existing procedures andthat setthe forthcounty standardsor forcity determiningclerk whenmust therefollow is a reasonable question of fact as to whetherverify the signature usedof fora voter on an absent ballot, mailing ballot or mailmailing ballotballot. matches the signature of the voter.
Sections(NRS 23,293.325, 39293.355, and293C.325, 69293C.352) alsoSections require23, the39 county or city clerk to contact a voter under certain circumstances and advise69 the voter of thethis proceduresbill andrevise deadlinesthese forreasonable correctingquestion orof rectifyingfact certainas errors,to omissionswhether and problems associated with the signature reqExistingused lawfor establishesan procedures that counting boards must follow when they count the returned absent ballotsballot, and mailing ballotsballot foror anmail election,ballot andmatches such boards generally must wait until 4 working days before the electionsignature to begin their process of counting the returnedvoter. absent ballots and mailing ballots.
Sections 23, 39 and also require the county or city clerk to contact a voter under certain circumstances and advise the voter of the procedures and deadlines for correcting or rectifying certain errors, omissions and problems associated with the signature requirements for the ballot in order for the ballot to be counted.
Existing law establishes procedures that counting boards must follow when they count the returned absent ballots and mailing ballots for an election, and such boards generally must wait until 4 working days before the election to begin their process of counting the returned absent ballots and mailing ballots.
Under existing case law, the Nevada Supreme Court has held that if petitioners diligentlywho prosecutebring their lawsuits beforechallenging electionsNevada’s officialselection preparelaws anddo distributenot timely file and ballots for the election as required by law, the lawsuits are rendered “moot,” andandute their claims must be dismissed without reaching the merits of the claims.
(NRS 293.309, 293C.305) Sections 15, 32, 43, 62, 73 and 74 of this bill provide that this mootness doctrine applies to absent ballots, mailing ballots and mail ballots by stating that anyrineany untimely legal action which would prevent the distribution of such ballots to voters is moot and of no effect.
Under existing law, with certain exceptions, counties and cities must pay the costs necessarily incurred in preparing for and conducting elections in those - *AB4_R1* – 5 – counties and cities, including the costs of providing all ballots, forms and other supplies to be used at such elections.
(NRS 293.443-293.460) Section 84 of this bill provides for the transfer, disbursement and use of certain federal money to pay pursuant to sections 2-27.reparing for and conducting the 2020 General Election Finally, section 85 of this bill makes the provisions of this bill apply retroactively from and after July 1, 2020, and thereby apply to any state of emergency or declaration of disaster proclaimed by the Governor or by resolution of the Legislature before, on or after the effective date of this bill if the state of emergency or declaration of disaster was in effect on July 1, 2020, or remains in effect or becomes effective on or after July 1, 2020.
and (2) any other election held on or after the effective date of this bill if the election is deemed to be an affected - 32nd Special Session (2020) – 5 – also provides that the provisions of this bill do not apply to any criminal or civil offense committed before the effective date of this bill.
THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sectionmatter 1.between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
As used in sections 2 to 27, inclusive, of this act, unless the context otherwise requires, the words and terms defined - *AB4_R1* – 6 – in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
“Affected election” or “election” means a primary election, primary city election, general election, general city election- or32nd specialSpecial electionSession which,(2020) in– accordance6 with– the provisions of section 8 of this act, is deemed to be an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
“Vote center” means a polling place established by the county or city clerk, as applicable, pursuant to the provisions of NRS 293.3072 to 293.3075, inclusive, or 293C.3032 to 293C.3035, inclusive, as applicable, where any person entitled to vote by personal appearance in the county or city, as applicable, may do so on the day of the election.election.unty or city, as applicable, Sec.
Sec.
- *AB4_R1* – 7 – (2) Held on a date other than the date of the primary election set forth in NRS 293.175, if on the date that is 90 days preceding the date of the primary city election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
(1)- Held32nd onSpecial theSession date(2020) of– the7 general– election set forth in NRS 293.12755, if on the July 1 preceding the general city election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
2.proclaimed by the Governor or by resolution of the Legislature pursuant to NRS 414.070 for the entire State of Nevada after the applicable date set forth in subsection 1 for an election, the Governor may order that the election is deemed to be an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act if the Governor finds that:
If a state of emergency or declaration of disaster is proclaimed by the Governor or by resolution of the Legislature pursuant to NRS 414.070 for the entire State of Nevada after the applicable date set forth in subsection 1 for an election, the Governor may order that the election is deemed to be an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act if the Governor finds that:
If a state of emergency or declaration of disaster is proclaimed by the Governor or by resolution of the Legislature pursuant to NRS 414.070 for one or more specific areas of the State of Nevada affected by the emergency or disaster but not for the entire State of Nevada as provided in subsection 1 or 2, the - *AB4_R1* – 8 – Governor may order that an election in one or more of those specific areas is deemed to be an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act if the Governor finds that:
and (b)- Elections32nd officialsSpecial haveSession sufficient(2020) time– to8 comply– with the requirements set forth in sections 2 to 27, inclusive, of this act, and any applicable requirements set forth in federal law for the election.
(1) Provisions relating to the registration of electors, updating voter registration information, the voting of registered voters and(2) conductingProvisions relating to the election;compilation and canvass of election returns and ties, recounts and contests of election.
and (2) Provisions relating to the compilation and canvass of election returns and ties, recounts and contests of election.
(2) Every voter who wants to cast a ballot in any affected election is able to do so safely and securely.securely.lot in any affected 2.
2.If there is any uncertainty or doubt regarding the construction, interpretation or application of the provisions of sections 2 to 27, inclusive, of this act, that uncertainty or doubt must be resolved in favor of carrying out the public purposes of those provisions.
If there is any uncertainty or doubt regarding the construction, interpretation or application of the provisions of sections 2 to 27, inclusive, of this act, that uncertainty or doubt - *AB4_R1* – 9 – must be resolved in favor of carrying out the public purposes of those provisions.
- 32nd Special Session (2020) – 9 – (a) A primary election or general election, the provisions of NRS 293.356 to 293.361, inclusive, governing early voting by personal appearance apply to the election.
(b) A primary city election or general city election, the provisions of NRS 293C.355 to 293C.361, inclusive, governing early voting by personal appearance apply to the election if the city has provided for early voting by personal appearance pursuant to NRS 293C.110.
(a) In a county whose population is 700,000 or more, at least 35 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting.
(c) In a county whose population is less than 100,000, at least 1 permanent polling place for early voting by personal appearance.
(a) The Indian tribe submits a request to the county clerk for the establishment of such a temporary polling place for early for voting;
- *AB4_R1* – 10 – 5.
In addition to the polling place for early voting established pursuant to subsection 4, the city clerk must establish a temporary polling- place32nd forSpecial earlySession voting(2020) by– personal10 appearance– within the boundaries of an Indian reservation or Indian colony that is the located in whole or in part within the city if:
(I) Held on the date of the general election set forth in general city election.er than the September 1 preceding the (II) Held on a date other than the date of the general election set forth in NRS 293.12755, not later than the45 Septemberdays 1before precedingthe date of the general city election.
(II) Held on a date other than the date of the general election set forth in NRS 293.12755, not later than 45 days before the date of the general city election.
(c) In a county whose population is less than 100,000, may establish one or more vote centers for the day of the election.
- *AB4_R1*32nd –Special 11Session (2020) – (a)11 A– voter may vote in person on the day of the election in his or her election precinct;
andandrson on the day of the election in his (b) A person may register to vote pursuant to NRS 293.5772 to 293.5887, inclusive, and vote in person on the day of the election in his or her election precinct.
If, for a primary city election or general city election, the city clerk does not establish at least one vote center for the day of the election pursuant to section 12 of this act, the city clerk mustmustf establish polling places for the election precincts in the city for the day of the election where:
(b) A primary city election or general city election, the provisions of NRS 293C.2675 and 293C.268 apply to a request for thethe2.staThe establishmentrequest of a polling place for the election.establishment of:election.
2.
The request for the establishment of:
- 32nd Special Session (2020) – 12 – (I) Held on the date of the primary election set forth in NRS 293.175, not later than the April 1 preceding the primary city election.
- *AB4_R1* – 12 – (II) Held on a date other than the date of the primary election set forth in NRS 293.175, not later than 45 days before the date of the primary city election.
not later than 45 days before the (2) For a general city election:
(1) Resides within the State, not later than 20 days before the election;
andands within the State, not later than 20 days before (2) Except as otherwise provided in paragraph (b), resides outside the State, not later than 40 days before the election.
- 32nd Special Session (2020) – 13 – Sec.
Except as otherwise provided in subsection 2 and chapter 293D of NRS, for any affected election, the county or city clerk, as applicable, shall send to each active registered voter by first-class mail, or by any class of mail if the Official Election -States *AB4_R1*Postal –Service 13is –properly Mailplaced:reated logo or an equivalent logo or mark created by the United States(a) PostalA Servicemail isballot; properly placed:
(a) A mail ballot;
and (d)Sec. Any remarks the county or city clerk finds appropriate.
Sec.
1.1.arks Except as otherwise provided in subsection 2, for any affected election, if a person applied by mail or computer to register to vote, or preregistered to vote by mail or computer and is subsequently deemed to be registered to vote, and the person has not previously voted in any election for federal office in this State, the county or city clerk, as applicable, must inform the person that he or she must include a copy of the information required in paragraph (b) of subsection 1 of NRS 293.2725 in the return envelope with the mail ballot.
Except as otherwise provided in subsection 2, for any affected election, if a person applied by mail or computer to register to vote, or preregistered to vote by mail or computer and is subsequently deemed to be registered to vote, and the person has not previously voted in any election for federal office in this State, the county or city clerk, as applicable, must inform the person that he or she must include a copy of the information required in paragraph (b) of subsection 1 of NRS 293.2725 in the return envelope with the mail ballot.
(1)- 32nd Special Session (2020) – 14 – (2) A copy of a current andutility validbill, photobank identification;statement,n;
or (2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card;
- *AB4_R1* – 14 – (b) Registers to vote by mail or computer and submits with his or her application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;
(2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card;
orors of the person, but (3) A driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;
If a person fails to provide the identification required pursuanthis toor paragraphher (b)mail ballot:b) of subsection 1 of NRS 293.2725 with his(a) orThe her mail ballot:ballot must be treated as a provisional ballot;
(a) The mail ballot must be treated as a provisional ballot;
and (3) If the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 is provided, ensure the mail - 32nd Special Session (2020) – 15 – ballot is delivered to the appropriate mail ballot central counting board.
Except as otherwise provided in section 19 of this act and chapter 293D of NRS, in order to vote a mail ballot forinstructions:ted any affected election, the voter must, in accordance with the instructions:(a) Mark and fold the mail ballot;
(a)(b) MarkDeposit the mail ballot in the return envelope and foldseal the mailreturn ballot;envelope;
- *AB4_R1* – 15 – (b) Deposit the mail ballot in the return envelope and seal the return envelope;
A person who receives a surrendered mail ballot shall mark it “Cancelled.” Sec.any affected election, a person shall not mark and sign a mailn, for ballot on behalf of a voter or assist a voter to mark and sign a mail ballot pursuant to the provisions of sections 2 to 27, inclusive, of this act.
19.
1.
Except as otherwise provided in this section, for any affected election, a person shall not mark and sign a mail ballot on behalf of a voter or assist a voter to mark and sign a mail ballot pursuant to the provisions of sections 2 to 27, inclusive, of this act.
- 32nd Special Session (2020) – 16 – 4.
Sec.and chapter 293D of NRS, in order for a mail ballot to be counted for any affected election, the mail ballot must be:
20.(a) Before the time set for closing of the polls, delivered by hand to the county or city clerk, as applicable, or any ballot drop box established in the county or city, as applicable, pursuant to this section;
1.
Except as otherwise provided in subsection 2 and chapter 293D of NRS, in order for a mail ballot to be counted for any affected election, the mail ballot must be:
(a) Before the time set for closing of the polls, delivered by hand to the county or city clerk, as applicable, or any ballot drop - *AB4_R1* – 16 – box established in the county or city, as applicable, pursuant to this section;
and (b) Capable of securely receiving and holding the mail ballots and being locked.
securely receiving and holding the mail ballots 5.
- 32nd Special Session (2020) – 17 – 2.
(b)(c) DenyIf a voter the rightperson toreceives return the voter’s mail ballot;ballot andballot;
or (c) If the person receives the voter’s mail ballot and authorization to return the mail ballot on behalf of the voter by mail or personal delivery, fail to return the mail ballot, unless otherwise authorized by the voter, by mail or personal delivery:
- *AB4_R1* – 17 – (1) Before the end of the third day after the day of receipt, if the person receives the mail ballot from the voter four or more days before the day of the election;
and (b)inclusive, Mustof notthis conflictact.t with the provisions of sections 2 to 27, inclusive,Sec. of this act.
Sec.
(b) If at least two employees in the office of the clerk believe there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the clerk- shall32nd contactSpecial theSession voter(2020) and– ask18 the– voter to confirm whether the signature used for the mail ballot belongs to the voter.voter.hether 2.
2.
- *AB4_R1* – 18 – (1) The signature used for the mail ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name or the use of a common nickname and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk;
or (2) There are only slight dissimilarities between the signature used for the mail ballot and the signatures of the voter available in the records of the clerk.
If the clerk determines when checking the signature used for the mail ballot that the voter failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot or that there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, but the voter is otherwise entitled to cast the mail ballot, the clerk shall contact the voter and advise the voter of the procedures to provide a signature or a confirmation that the signature usedusedures for the mail ballot belongs to the voter, as applicable.
The clerk shall prescribe procedures for a voter who failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot, or for whom there is a - 32nd Special Session (2020) – 19 – reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, in order to:
(b) Allow the voter to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable;
andandure used for the mail ballot belongs to the voter, as (c) After a signature or a confirmation is provided, as applicable, ensure the mail ballot is delivered to the mail ballot central counting board.
- *AB4_R1* – 19 – (b) Telephone, if a telephone number for the voter is available in the records of the clerk;
No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may bebendidate appointed as such an election board officer.
If a majority of the inspectors are of the opinion that the mail - 32nd Special Session (2020) – 20 – ballots folded together were voted by one person, the mail ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection.
The envelope must be signed by an election board officer and placed in the container or ballot boxboxSec. after the count is completed.
Sec.
- *AB4_R1* – 20 – 3.
For any affected election, the voting results of the mail ballot vote in each precinct must be certified and submitted to the county or city clerk, as applicable, who shall have the results added to the votes of the precinct that were not cast by separately from the other votes that were not cast by mail ballot in the precinct unless reporting the returns separately would violate the secrecy of a voter’s ballot.
The returns of the mail ballot vote must be reported separately from the other votes that were not cast by mail ballot in the precinct unless reporting the returns separately would violate the secrecy of a voter’s ballot.
Except as otherwise provided in this section and NRS 293.316, a person shall not mark and sign an absent ballot on behalf of an absent voter or assist an absent voter to mark and - 32nd Special Session (2020) – 21 – sign an absent ballot pursuant to NRS 293.3088 to 293.340, inclusive.
At the direction of an absent voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign an absent ballot on behalf of the voter or assist the voter to mark and sign an absent ballot pursuant to this section.
- *AB4_R1* – 21 – Sec.
If a person marks and signs a mailing ballot on behalf of a votervot(a) pursuantIndicate next to thishis section,or her signature that the personmailing must:ballot has been marked and signed on behalf of the voter;
(a) Indicate next to his or her signature that the mailing ballot has been marked and signed on behalf of the voter;
- 32nd Special Session (2020) – 22 – 2.
(b) Is entitled to vote an absent ballot pursuant to federal law, NRSNRS(c) 293.316Is ordisabled;ter chapter 293D of NRS;
(c) Is disabled;
or (g) Is sent a mail ballot pursuant to the provisions of section 16 of this act and includes a copy of the information required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her voted mail ballot, if required pursuant to section 17 of this act.
- *AB4_R1* – 22 – Sec.
Form prescribed by the Secretary of State which is completed and signed by the registered voter and returned to the county clerk in person or by mail or approved electronic transmission;
orperson or by mail or approved electronic 3.
and - 32nd Special Session (2020) – 23 – [(b)] (2) Except as otherwise provided in paragraph [(c),] (b), resides outside the State, not later than 40 days before a primary or general election, if possible .
or (c) Requested an absent] (b) Each covered voter who is entitled to have a military- overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.
- *AB4_R1* – 23 – Sec.
and (b)county Hasclerk.entified identified himself or herself to the satisfaction of the county2. clerk.
2.
- 32nd Special Session (2020) – 24 – Sec.
(a) Because of an illness or disability resulting in confinement in a hospital,h(b) sanatorium,Because dwellingthe registered voter is suddenly hospitalized, becomes seriously ill or nursingis home;called away from home after the time has elapsed for requesting an absent ballot [as provided in] for the election pursuant to subsection 1 of NRS 293.313, may submit a written request to the county clerk for an absent ballot.
or (b) Because the registered voter is suddenly hospitalized, becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot [as provided in] for the election pursuant to subsection 1 of NRS 293.313, may submit a written request to the county clerk for an absent ballot.
- *AB4_R1* – 24 – (c) A brief statement of the illness or disability of the registered voter or of facts sufficient to establish that the registered voter was called away from home after the time had elapsed for requesting [an][an(d) If the absentvoter ballot;is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he or she will be confined therein on the day of the election;
(d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he or she will be confined therein on the day of the election;
(c)- Affix32nd hisSpecial orSession her(2020) signature– on25 [the– back of] the return envelope [;
andands or her signature on [the back of] the return (c) Return it to the office of the county clerk.] in the space provided for the signature;
An absent ballot [submitted] prepared by or on behalf of the registered voter pursuant to this section must be [made, and the ballot] mailed or delivered to [the voter and returned to] the county clerk [, not later than the time the polls close on election day.] in accordance with NRS 293.317.
- *AB4_R1* – 25 – Sec.
The written notice is effective for all elections that are conducted after the registered voter provides the written notice to the county clerk, except that the written notice is not effective for the next ensuing election unless the written notice is provided to the county clerk before the time has elapsed forforotice is requesting an absent ballot for the election pursuant to subsection 1 of NRS 293.313.
(a)- Issue32nd anSpecial absentSession ballot(2020) to– the26 registered– voter for each primary election, general election and special election , other than a special city election , that is conducted after [the date] the written [statement is submitted to the county clerk.] notice is effective pursuant to subsection 1.
(1) Indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter;
andandlot has (2) Submit a written statement with the absent ballot that includes the name, address and signature of the person.
- *AB4_R1* – 26 – 3.
(b) The county clerk cancels the registration of the person pursuantpur(c) NRSAn 293.527,absent 293.530,ballot 293.535is orreturned 293.540;to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.
or (c) An absent ballot is returned to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.
Sec.- 32nd Special Session (2020) – 27 – 293.317 1.RS 293Except as otherwise provided in this section, subsection 2 [,] of NRS 293.323 and NRS 293D.200, absent ballots, including special absent ballots, must be:
37.
NRS 293.317 is hereby amended to read as follows:
293.317 1.
Except as otherwise provided in this section, subsection 2 [,] of NRS 293.323 and NRS 293D.200, absent ballots, including special absent ballots, must be:
Sec.293.323 1.RS 293Except as otherwise provided in subsection 2 and chapter 293D of NRS [,] or for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, if the request for an absent ballot is made by mail or approved electronic transmission, the county clerk shall, as soon as the [official] absent ballot for the precinct or district in which the [applicant] absent voter resides has been [printed,] prepared pursuant to NRS 293.309, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the [official] absent ballot:
38.
NRS 293.323 is hereby amended to read as follows:
293.323 1.
Except as otherwise provided in subsection 2 and chapter 293D of NRS [,] or for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, if the request for an absent ballot is made by mail or approved electronic transmission, the county clerk shall, as soon as the [official] absent ballot for the precinct or district in which the [applicant] absent voter resides has been [printed,] prepared pursuant to NRS 293.309, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the [official] absent ballot:
- *AB4_R1* – 27 – (c) An envelope or similar device into which the absent ballot is inserted to ensure its secrecy;
(d)(e) AnInstructions.tion identification envelope, if applicable;
and (e)2. Instructions.
2.
- 32nd Special Session (2020) – 28 – 3.
4.except as required by subsection 1 or 2 and chapter 293D of NRS.
Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 and chapter 293D of NRS.
(a) The county clerk or employee shall check the signature [on the return envelope, facsimile or other approved electronicelectronicre [on transmission] used for the absent ballot against all signatures of the voter available in the records of the county clerk.
(b) If at least two employees in the office of the county clerk believe there is a reasonable question of fact as to whether the signature [on] used for the absent ballot matches the signature of the - *AB4_R1* – 28 – voter, the county clerk shall contact the voter and ask the voter to confirm whether the signature [on] used for the absent ballot belongs to the voter.
(b)- There32nd isSpecial notSession a(2020) reasonable– question29 of– fact as to whether the signature used for the absent ballot matches the signature of thethehe voter if:
(a) No absent ballot central counting board has been appointed, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate electionelection, board.
[3.]signature 4.[of the voter pursuant to subsection 1] used for the absent ballot that the absent voter [did not sign the return envelope as required pursuant to NRS 293.330] failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot or that there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, but the voter is otherwise entitled to cast [a] the absent ballot, the county clerk shall contact the [absent] voter and advise the voter of the procedures to provide a signature - 32nd Special Session (2020) – 30 – signature used for the absent ballot belongs to the voter, ast the applicable.
If the county clerk determines when checking the signature [of the voter pursuant to subsection 1] used for the absent ballot that the absent voter [did not sign the return envelope as - *AB4_R1* – 29 – required pursuant to NRS 293.330] failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot or that there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, but the voter is otherwise entitled to cast [a] the absent ballot, the county clerk shall contact the [absent] voter and advise the voter of the procedures to provide a signature [established pursuant to subsection 4.] or a confirmation that the signature used for the absent ballot belongs to the voter, as applicable.
(b) Allow the voter to provide a signature [;] or a confirmation that the signature used for the absent ballot belongs to the voter, as applicable;
and used for the absent ballot belongs to the voter, (c) After a signature or a confirmation is provided, as applicable, ensure the absent ballot is delivered to the appropriate election board or the absent ballot central counting board, as applicable.
Except as otherwise provided in this section, subsection 2 of NRS 293.323 , section 28 of this act and chapter 293D of NRS, [and any regulations adopted pursuant thereto, when an absent voter receives] in order to vote an absent ballot, the absent voter must , [mark and fold it] in accordance with the instructions [, deposit it] :
- *AB4_R1* – 30 – (a) Mark and fold the absent ballot;
- 32nd Special Session (2020) – 31 – (c) Affix his or her signature on [the back of] the return envelope in the space provided [therefor and mail] for the signature;
and (d) Mail or deliver the return envelope [.] in a manner authorizedaut2.rizExcept as otherwise provided in subsection 3, if [an absent] a voter who has requested [a] an absent ballot by law.mail applies to vote the absent ballot in person at:
2.
Except as otherwise provided in subsection 3, if [an absent] a voter who has requested [a] an absent ballot by mail applies to vote the absent ballot in person at:
and (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not votedvot4. during the election.
4.duExcept as otherwise provided in [NRS 293.316 and 293.3165, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or,] subsection 5, at the request of [the voter, a member of the voter’s family.
Except as otherwise provided in [NRS 293.316 and 293.3165, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or,] subsection 5, at the request of [the voter, a member of the voter’s family.
- *AB4_R1* – 31 – (a) Impede, obstruct, prevent or interfere with the return of a voter’s absent ballot [and that the voter requested that] ;
(b)- Deny32nd aSpecial voterSession the(2020) [person]– right32 to– return the voter’s absent ballot [.] ;
ororoter the [person] right to return the voter’s absent (c) If the person receives the voter’s absent ballot and authorization to return the absent ballot on behalf of the voter by mail or personal delivery, fail to return the absent ballot, unless otherwise authorized by the voter, by mail or personal delivery:
A person who violates [the provisions of this] any provision of subsection 5 is guilty of a category E felony and shall be punishedpunSec. as provided in NRS 193.130.
Sec.
(b) The signature [on the back of the return envelope or on the approved electronic transmission] used for the absent ballot must be [compared with that on the application to register to vote;] checked in accordance with the procedure set forth in NRSNRS(c) 293.325;If the board determines that the [absent] voter is entitled to cast [a] the absent ballot, the return envelope must be opened, the numbers on the absent ballot and return envelope or approved electronic transmission compared, the number strip or stub detached from the absent ballot and, if the numbers are the same, the absent ballot deposited in the regular ballot box;
(c) If the board determines that the [absent] voter is entitled to cast [a] the absent ballot, the return envelope must be opened, the numbers on the absent ballot and return envelope or approved electronic transmission compared, the number strip or stub detached from the absent ballot and, if the numbers are the same, the absent ballot deposited in the regular ballot box;
- *AB4_R1*32nd Special Session (2020) – 3233 – 2.
[Counting of] The board must complete the count of all absent ballots [must continue through] on or before the seventh day following the election [.] or, if applicable, the ninth day following an affected election that is subject to the provisions of sections 2 to 27,27,Sec. inclusive, of this act.
Sec.
(a) Shall designate at least one polling place in the county as the polling place where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 ofofo NRS 293.353, on election day;
and - 32nd Special Session (2020) – 34 – (b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to - *AB4_R1* – 33 – paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, during the period for early voting, if it is impractical fora theballot countyin clerkevery toform providerequired atin eachthe pollingcounty.g place for early voting a5. ballot in every form required in the county.
5.
If the county clerk has designated, pursuant to subsection 3 or 4 of NRS 293.343, one or more polling places where a voter may vote in person, the [official] mailing ballot and the sample ballot must include a notice in bold type informing the voter of the location of the designated polling place or polling places on election day and the polling places during the period for early voting where the voter may vote in person pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353.
Any untimely legal action which would prevent the mailing ballotis frommoot beingand distributedof no effect.uted to any voter pursuant to this section isSec. moot and of no effect.
Sec.
- 32nd Special Session (2020) – 35 – 2.
(a) The office of the county clerk, the registered voter must mark and fold the mailing ballot, [place and seal] deposit it in the return envelope and seal the return envelope and affix his or her - *AB4_R1* – 34 – signature in the same manner as provided in subsection 1, and her deliver the return envelope to the clerk.
(b) One of the polling places on election day or a polling place for early voting in the county designated pursuant to subsection 3 or 4 of NRS 293.343, the registered voter must surrender the mailing ballot and provide satisfactory identification before being issued a ballot to vote at the polling place.
[It is unlawful for any person to return a mailing ballot other than the registered voter to whom the ballot was sent or,] Except as otherwise provided in subsection 5, at the request of [the voter, a whose mailing ballot [and who is a member of the family of] hasoter been prepared by or on behalf of the voter for an election, a person authorized by the voter [who received] may return the mailing ballot [shall, under penalty of perjury, indicate on a form prescribed by the county clerk that voter.the person is a member of the family] on behalf of the voter [who received the] by mail or personal delivery to the county clerk.
A person who returns a] a voter whose mailing ballot [and who is a member of the family of] has been prepared by or on behalf of the voter for an election, a person authorized by the voter [who received] may return the mailing ballot [shall, under penalty of perjury, indicate on a form prescribed by the county clerk that the person is a member of the family] on behalf of the voter [who received the] by mail or personal delivery to the county clerk.
or (c) If the person receives the voter’s mailing ballot and authorization to return the mailing ballot on behalf of the voter by - 32nd Special Session (2020) – 36 – mail or personal delivery, fail to return the mailing ballot, unless otherwise authorized by the voter, by mail or personal delivery:
(1) Before the end of the third day after the day of receipt, if the person receives the mailing ballot from the voter four or more da(2) Before the deadline established by the United States Postal Service for the mailing ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mailing ballot from the voter three or fewer days before the day of the election;election.
or (2) Before the deadline established by the United States Postal Service for the mailing ballot to be postmarked on the day - *AB4_R1* – 35 – of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mailing ballot from the voter three or fewer days before the day of the election.
Ballots voted in person at a polling place pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, or at the office of the county clerk pursuant to subsection 3 of NRS 293.353, by registered voters of a mailing precinct or absent ballot mailing precinct must be processed and reported by the appointed election board or county clerk in the same mannerpursuant asto requiredNRS by293.330.w law for absent ballots voted in person pursuantSec. to NRS 293.330.
Sec.
If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until- the32nd countSpecial Session (2020) – 37 – inspectors are of the opinion that the ballots isfolded completed.together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection.
If a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection.
[2.] (b) If the ballots in the container or box are found to exceed in number the number of names as are indicated on the roster as having voted, the ballots must be replaced in the container or box, - *AB4_R1* – 36 – and a counting board officer, with his or her back turned to the container or box, shall draw out a number of ballots equal to the excess.
[3.] (c) When it has been ascertained that the number of ballots agrees with the number of names of registered voters shown to have voted,between the boardnumber shallof proceedballots toand count.the number of voters, a record of the discrepancy must be made.
If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.
Not earlier than [4 working] 15 days before the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the absent ballots from each ballot box or container that holds absent ballots received before that day and ascertain that each box or container has the required number of absent ballots according to the countycou2. clerk’s absent [voters’] ballot record [.] for the election.
2.The counting board or absent ballot central counting boardon.
The counting board or absent ballot central counting board shall count the number of absent ballots in the same manner as election boards.
Each day after the initial withdrawal of the absent ballots pursuant to NRS 293.384 and before the day of the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the absent ballots received - 32nd Special Session (2020) – 38 – the previous day and ascertain that each box or container has the required number of absent ballots according to the county clerk’s absent [voters’] ballot record [.] for the election.
If any absent ballots are received by the county clerk on election day and the county clerk has determined that the absent voters are entitled to cast the absent ballots pursuant to NRSNRSnt [293.316,] 293.325, the county clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.
- *AB4_R1* – 37 – 4.
The canvass must be completed on or before the 10th day following the election [.] or, if applicable, the 13th day following an affected electioninclusive, thatof isthis subjectact.t to the provisions of sections 2 to 27, inclusive,2. of this act.
2.
and (b) A mechanized report of the abstract in compliance with regulations adopted by the Secretary of State, - and32nd transmitSpecial themSession to(2020) the– Secretary39 of– State [not more than 7 working days after] on or before the 10th day following the election [.] or, if applicable, the 13th day following an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
On or before the 10th day after any general election or any other election at which votes are cast for any United States Senator, Representative in Congress, member of the - *AB4_R1* – 38 – Legislature or any state officer who is elected statewide [,] or, if applicable, on or before the 13th day after an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, thecast boardand ofmake countyabstracts commissionersof shallthe votes.ll open the returns of votes cast2. and make abstracts of the votes.
2.
Through the Thursday preceding the day of the election, an elector may register to vote in the county or city, as applicable, in which the elector is eligible to vote by submitting an application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 before the elector appears at a polling place described in subsection 2t2.votIf an elector submits an application to register to vote pursuant to this section, the elector may vote only in person.person:
2.
If an elector submits an application to register to vote pursuant to this section, the elector may vote only in person:
(1) A polling place established pursuant to NRS 293.3072 or 293C.3032 [, if one has been established] or section 12 of this act, in- the32nd countySpecial orSession city,(2020) as– applicable,40 in– which the elector is eligible to vote;
orounty or city, as applicable, in which the elector is eligible to (2) The polling place for his or her election precinct.
If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the - *AB4_R1* – 39 – elector’s current residential address, the following documents may be used to establish the residency of the elector if the currentcurrentay residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:
5.application to register to vote and appears at a polling place to vote in person pursuant to this section:
Subject to final verification, if an elector submits an application to register to vote and appears at a polling place to vote in person pursuant to this section:
and (2)- The32nd verificationSpecial Session (2020) – 41 – pursuant to this section.on of the elector’s identity and residency (b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to thisparagraph section.(a), the elector:
(b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:
(b) [Except an election board officer, receive] Accept from any voter a ballot prepared by or on behalf of the voter [.] , other than an absent ballot, mailing ballot, mail ballot or military-overseasmilitary-overseashan - *AB4_R1* – 40 – ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title.
(g) [Except an election board officer,] Send, transmit, distribute or deliver a ballot to a voter [.] , other than an absent ballot,ballot,bute mailing ballot, mail ballot or military-overseas ballot when permitted pursuant to this title.
(h) Except [an election board officer in the course of the election board officer’s official duties, inside a polling place, ask another person his or her name, address or political affiliation.] when permitted by the voter, alter, change, deface, damage or destroy an absent ballot, mailing ballot, mail ballot or military-overseas ballot - 32nd Special Session (2020) – 42 – prepared by or on behalf of the voter with his or her authorization pursuant to this title.
(a) [Receive] Accept a ballot from [any] another person , other than an election board officer [.] in the course of the election board officer’s official duties or a person who sends, transmits,transmits,ction board distributes or delivers an absent ballot, mailing ballot, mail ballot or military-overseas ballot to the voter when permitted pursuant to this title.
- *AB4_R1* – 41 – Sec.
2.return envelopes according to ballot type or precinct and deliver the bundles to the county clerk.
Bundle the empty [absentee] absent and mailing ballot return envelopes according to ballot type or precinct and deliver the bundles to the county clerk.
At the direction of an absent voter who has a physical disability, is at least 65 years of age or is unable to read or write, a - 32nd Special Session (2020) – 43 – person may mark and sign an absent ballot on behalf of the voter or assist the voter to mark and sign an absent ballot pursuant to this section.
If a person marks and signs an absent ballot on behalf of an absent(a) voterIndicate pursuantnext to thishis section,or her signature that the personabsent must:ballot has been marked and signed on behalf of the voter;
(a) Indicate next to his or her signature that the absent ballot has been marked and signed on behalf of the voter;
- *AB4_R1* – 42 – 3.
and (b) Submit a written statement with the mailing ballot that inc4.desIf a person assists a voter to mark and sign a mailing ballot pursuant to this section, the person or the voter must submit a written statement with the mailing ballot that includes the name, address and signature of the person.person who provided the assistance.
4.
If a person assists a voter to mark and sign a mailing ballot pursuant to this section, the person or the voter must submit a written statement with the mailing ballot that includes the name, address and signature of the person who provided the assistance.
(a) Absent ballots to be voted in a city election pursuant to NRS 293C.304 to [293C.325, inclusive, and 293C.330 to] 293C.340, inclusive- [;]32nd ,Special andSession section(2020) 56– of44 this– act, except for the provisions of NRS 293C.327 and 293C.328 unless the governing body of the citycityisions of provides for the applicability of those provisions pursuant to paragraph (b);
or (b) The election isin awhich primarythe cityballot electionincludes only:ion or general city election(1) inOffices whichand ballot questions that may be voted on by the ballotregistered includesvoters only:of only one ward;
(1) Offices and ballot questions that may be voted on by the registered voters of only one ward;
The provisions of NRS 293.5772 to 293.5887, inclusive, 293C.265 to 293C.302, inclusive, 293C.304 to 293C.340, inclusive, - *AB4_R1* – 43 – and section 56 of this act and 293C.355 to 293C.361, inclusive, do not apply to an election conducted pursuant to this section.
Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote shall, for the first city election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she isisnless registered to vote.
(d)- Is32nd providedSpecial theSession right(2020) to– vote45 otherwise– than in person pursuant to the Voting Accessibility for the Elderly andanderson Handicapped Act, 52 U.S.C.
or (g) Is sent a mail ballot pursuant to the provisions of section 16 of this act and includes a copy of the information required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her voted mail ballot, if required pursuant to section 17 of this act.
Written request for an absent ballot that is signed by the registeredapproved voterelectronic andtransmission;the returned to the city clerk in person or by approved2. electronic transmission;
2.
The city clerk shall make reasonable accommodations for the use of the - *AB4_R1* – 44 – absent ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the absent ballot in 12-point type to a person who is elderly or disabled.
[a registered voter who:] (a) Except as otherwise provided in paragraph (b), each registered voter who resides within or outside this State, not later than 20 days before the election in which it will be used.
not later (b) [Requested an absent] Each covered voter who is entitled to have a military-overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.
- 32nd Special Session (2020) – 46 – 3.
293C.307[,] 1.and chapter 293D of NRS, a registered voter who requests and receives an absent [voter’s] ballot may vote only by absent ballot at the election for which the absent ballot was issued.
Except as otherwise provided in NRS 293C.330 [,] and chapter 293D of NRS, a registered voter who requests and receives an absent [voter’s] ballot may vote only by absent ballot at the election for which the absent ballot was issued.
and (b) A request for an absent ballot for the primary and general elections immediately following the date on which the city clerk receivedrec3.vedIt is unlawful for a person fraudulently to request an absent ballot in the request.name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person.
3.
It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of - *AB4_R1* – 45 – another person.
or (b) Because the registered voter is suddenly hospitalized, becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot [as provided in] for the election pursuant to subsection 1 of NRS 293C.310, - 32nd Special Session (2020) – 47 – may submit a written request to the city clerk for an absent ballot.
If the city clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the city clerk shall, at the office of the city clerk, deliver an absent ballot to the person designated in the request to obtain the absent ballot for the registered voter.
Except as otherwise provided in subsection 5, [after marking]must [:] in order to vote the absent ballot , the registered voter must(a) [:Place it] , in accordance with the instructions:
(a) Place it] , in accordance with the instructions:
- *AB4_R1* – 46 – (b)] and seal the return envelope;
If the person marks and signs the- absent32nd ballotSpecial Session (2020) – 48 – indicate] must:ot [,] pursuant to this section, the person [shall indicate](a) must:Indicate next to his or her signature that the absent ballot has been marked and signed on behalf of the registered voter [.
(a) Indicate next to his or her signature that the absent ballot has been marked and signed on behalf of the registered voter [.
293C.318section, 1.a registered voter who provides sufficient written notice to the [appropriate] city clerk may request that the registered voter receive an absent ballot for all elections at which the registered voter is eligible to vote.
[A]The Exceptwritten asnotice otherwiseis providedeffective infor thisall section,elections athat are conducted after the registered voter who provides sufficientthe written notice to the [appropriate] city clerkclerk, mayexcept request that the registeredwritten voternotice receiveis annot absenteffective ballot for allthe electionsnext atensuing whichelection unless the registeredwritten voternotice is eligibleprovided to vote.the city clerk before the time has elapsed for requesting an absent ballot for the election pursuant to subsection of NRS 293C.310.
The written notice is effective for all elections that are conducted after the registered voter provides the written notice to the city clerk, except that the written notice is not effective for the next ensuing election unless the written notice is provided to the city clerk before the time has elapsed for requesting an absent ballot for the election pursuant to subsection 1 of NRS 293C.310.
(a) Issue an absent ballot to the registered voter for each primary city election, general city election and special city election that is - *AB4_R1* – 47 – conducted after [the date] the written [statement is submitted to the city clerk.] notice is effective pursuant to subsection 1.
Upon [receipt] being informed of the written notice [from] by the city clerk, the county clerk shall issue an absent ballot for each primary election, general election and special election [that is not] , other than a special city election- ,32nd thatSpecial isSession conducted(2020) after– the49 [date– the county clerk receives] written notice [from the city clerk.clerk.he [date the county clerk receives] 3.
3.
The city clerk [may] must not mail an absent ballot requestedrequest byis asubmitted:ered registered voter pursuant to subsection 1 if, after the request(a) The registered voter is submitted:designated inactive pursuant to NRS 293.530;
(a) The registered voter is designated inactive pursuant to NRS 293.530;
Except as otherwise provided in this section, subsection 2 [,] of NRS 293C.322 and NRS 293D.200, absent ballots,bal(a) includingDelivered specialby absenthand ballots,to mustthe be:city clerk before the time set for closing of the polls pursuant to NRS 293C.267;
(a) Delivered by hand to the city clerk before the time set for closing of the polls pursuant to NRS 293C.267;
and - *AB4_R1* – 48 – (2) Received by the city clerk [within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293C.332.] not later than 5 p.m.
- 32nd Special Session (2020) – 50 – 2.
on the third day following the election and the date of the postmark cannot be determined, the absent ballot shall be deemed to have been postmarked on or before thetheSec. day of the election.
Sec.
The voter may mail or deliver the absent ballot to the city clerk in a manner authorized by law or submit the absent ballot by approvedapprovedk in a electronic transmission.
- *AB4_R1* – 49 – (b) The name of the [registered] absent voter to whom [it] the absent ballot is issued, [the registered voter’s] his or her precinct or - 32nd Special Session (2020) – 51 – district [, the] and his or her political affiliation, if any, unless all the offices on the absent ballot are nonpartisan offices;
6.the provisions of subsection 2.all adopt regulations to carry out Sec.
The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.
Sec.
(a) There is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter if the signature used for the absent ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the city clerk.
- *AB4_R1*32nd Special Session (2020) – 5052 – 3.clerk determines [pursuant to subsection 1] that the absent voter isty entitled to cast the absent ballot and:
Except as otherwise provided in subsection [3,] 4, if the city clerk determines [pursuant to subsection 1] that the absent voter is entitled to cast the absent ballot and:
Not earlier than [4 working] 15 days before the election, the city clerk shall deliver the absent ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293C.267 or 293C.297.
If the city clerk determines when checking the signature [of the absent voter pursuant to subsection 1] used for the absent ballot that the absent voter [did not sign the return envelope as required pursuant to NRS 293.330] failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot or that there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, but the voter is otherwise entitled to cast [a] the absent ballot, the city clerk shall contact the [absent] voter and advise the [absent] voter of the procedures to provide a signature [established pursuant to subsection 4.] or a confirmation that the signature used for the absent ballot belongs to the voter, as applicable.must provide a signature [within the period for the counting ofoter absent ballots pursuant to subsection 2 of NRS 293C.332.
For the absent ballot to be counted, the [absent] voter must provide a signature [within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293C.332.
The city clerk shall prescribe procedures for [a] an absent voter who [did not sign the return envelope of an] failed to affix his or her signature or failed to affix it in the manner required by law for- the32nd absentSpecial ballotSession ,(2020) or for whom there is a reasonable question - *AB4_R1* – 5153 – of fact as to whether the signature used for the absent ballotballottion matches the signature of the voter, in order to:
and (c) Electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means.means.k with Sec.
Sec.
and (d) Mail or deliver the return envelope [.] in a manner authorizedaut2.rizExcept as otherwise provided in subsection 3, if [an absent] a voter who has requested [a] an absent ballot by law.mail applies to vote the absent ballot in person at:
2.
Except as otherwise provided in subsection 3, if [an absent] a voter who has requested [a] an absent ballot by mail applies to vote the absent ballot in person at:
(b)- A32nd pollingSpecial place,Session including,(2020) without– limitation,54 a– polling place for early voting, the [absent] voter must surrender the absent ballotballote and provide satisfactory identification before being issued a ballot to - *AB4_R1* – 52 – vote at the polling place.
Except as otherwise provided in [NRS 293C.317 and 293C.318, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or,] subsection 5, at the request of [the voter, a member of the voter’s family.
AAon person who returns an] a voter whose absent ballot [and who is a member of the family of] has been prepared by or on behalf of the voter for an election, a person authorized by the voter [who requested] may return the absent ballot [shall, under penalty of perjury, indicate on a form prescribed by the city clerk that the person is a member of the family] on behalf of the voter [who requested the] by mail or personal delivery to the city clerk.
or (c) If the person receives the voter’s absent ballot and authorization to return the absent ballot on behalf of the voter by mail or personal delivery, fail to return the absent ballot, unless otherwise authorized by the voter, by mail or personal delivery:
or (2) Before the deadline established by the United States Postal Service for the absent ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the absent - 32nd Special Session (2020) – 55 – ballot from the voter three or fewer days before the day of the election.
A person who violates [the provisions of this] any provision of subsection 5 is guilty of a category E felony and shall be punishedpunSec. as provided in NRS 193.130.
- *AB4_R1* – 53 – Sec.
and (d)“Voted” Theby electionthe boardname officersof the voter.s shall indicate in the roster “Voted”2. by the name of the voter.
2.
[A] Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, a registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding city general election, or in a precinct in which it appears to the satisfaction of the city clerk and Secretary of State that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner - 32nd Special Session (2020) – 56 – provided in NRS [293C.345] 293C.342 to 293C.352, inclusive [.] , and section 57 of this act.
[Whenever] Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, whenever the city clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the - *AB4_R1* – 54 – manner provided in NRS [293C.345] 293C.342 to 293C.352, inclusive [.] , and section 57 of this act.
on the last business day preceding the first day of the period for early voting for any primary city election or general city election, as applicable, the city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailingmailingtered precinct [an official] a mailing ballot to be voted by the voter at the election.
Place] - 32nd Special Session (2020) – 57 – (b) Deposit the mailing ballot in the return envelope [;
and 4.] in the space provided for the signature;
Except as otherwise provided in subsection 3, at the request of a voter whose mailing ballot has been prepared by or on behalf - *AB4_R1* – 55 – of the voter for an election, a person authorized by the voter may return the mailing ballot on behalf of the voter by mail or personal delivery to the city clerk.
or (2) Before the deadline established by the United States Postal Service for the mailing ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives thetheion, mailing ballot from the voter three or fewer days before the day of the election.
1.- 32nd Special Session (2020) – 58 – to count the ballots voted.
WhenThe thecounting pollsprocedure aremust closed,be thepublicre countingand boardcontinue shallwithout prepareadjournment tountil countcompleted. the ballots voted.
The counting procedure must be public and continue without adjournment until completed.
If a majority of the - *AB4_R1* – 56 – inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection.
[2.] (b) If the ballots in the container or box are found to exceed the number of names as are indicated on the roster as having voted, the ballots must be replaced in the container or box and a counting board officer shall, with his or her back turned to the container or box, draw out a number of ballots equal to the excess.
293C.365 [A] Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, a counting board in any precinct, district or polling place in which paper ballots are used may not begin to countcountr the votes until all ballots used or unused are accounted for.
Not earlier than [4 working] 15 days before the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the absent ballots from each ballot box or container that holds absent ballots received before that day and determine whether each box or container has the required number of absent ballots - 32nd Special Session (2020) – 59 – according to the city clerk’s absent [voters’] ballot record [.] for the election.
The counting board or absent ballot central counting board shall count the number of absent ballots in the same manner as electioneleSec. boards.
Sec.
Each day after the initial withdrawal of the absent ballots pursuant to NRS 293C.382 and before the day of the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the absent ballots received the previous day and determine whether each box or - *AB4_R1* – 57 – container has the required number of absent ballots according to the city clerk’s absent [voters’] ballot record [.] for the election.
The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately woulddevelop violatea theprocedure secrecyto ofensure athat voter’seach ballot.ballot is kept secret.
The city clerks shall develop5. a procedure to ensure that each ballot is kept secret.
5.
The canvass must be completed on or before the 10th day following the election [.] or, if applicable, the 13th day following- an32nd affectedSpecial electionSession that(2020) is– subject60 to– the provisions of sections 2 to 27, inclusive, of this act.act.bject to the provisions of 3.
3.
- *AB4_R1* – 58 – 6.
(a) City clerk shall seal the election returns, maintain them in a vault for at least 22 months and give no person access to them duringjurisdiction thator period,by unlessthe accessgoverning isbody orderedof bythe acity.court court of competent jurisdiction(b) orGoverning bybody of the governingcity bodyshall, by an order made and entered in the minutes of its proceedings, cause the city.city clerk to:
(b) Governing body of the city shall, by an order made and entered in the minutes of its proceedings, cause the city clerk to:
and (5) Transmit on paper or by electronic means to each public library in the city, or post on a website maintained by the city or the city clerk on the Internet or its successor, if any, a copy of the certified abstract within 30 days after the election.election.a copy of the 7.
7.
and (2)- Deliver32nd theSpecial certificateSession to(2020) the– persons61 elected– upon their application at the office of the city clerk.clerk.rsons elected upon their 8.
8.
or - *AB4_R1* – 59 – (b) By absent ballot in the county of the State of Nevada which was his or her former residence, if the former resident is otherwise qualified to vote there and complies with the applicable requirements of NRS [293.310] 293.3088 to 293.340, inclusive [.] , and section 28 of this act.
A person who signs a petition to recall may request the filing officer to strike the person’s name from the petition on or before the datedat(a) thatTen isdays, Saturdays, Sundays and holidays excluded, after the laterverification of:of signatures is complete;
(a) Ten days, Saturdays, Sundays and holidays excluded, after the verification of signatures is complete;
If the filing officer receives a sufficient number of requests to strike names from the petition such that the petition no longer contains enough valid signatures, the filing officer shall not issue a call- for32nd aSpecial specialSession election,(2020) and– a62 special– election must not be held to recall the public officer who is the subject of the petition.petition.be held to 4.
4.
and (c) Whether any person is entitled to vote in the special election in a mailing precinct or an absent ballot mailing precinct pursuant to NRS 293.343 to 293.355, inclusive, and section 29 of this act or - *AB4_R1* – 60 – [293C.345] 293C.342 to 293C.352, inclusive [.] , and section 57 of this act.
Upon the conclusion of the hearing, if the court determines that the petition is legally sufficient, it shall order the filing officer to issue a call for a special election in the jurisdiction in which thethecer public officer who is the subject of the petition was elected to determine whether the people will recall the public officer.
The Chief of the Budget Division shall transfer the sum of $3,000,000 from Budget Account 101-1327 to the Secretary of State for the costs related to the preparation and distribution- of32nd mailSpecial ballotsSession pursuant(2020) to– the63 provisions– of sections 2 to 27, inclusive, of this act for the 2020 General Election.Election.ections 2 2.
2.
On and after the date of such a disbursement, the Secretary of State shall expend the money disbursed pursuant to this subsection before expending any of the money transferred pursuant to subsection 1 that remains on the date of the disbursement.
If any money remains from aamains on disbursement made pursuant to this subsection, such money, to the extent available, must be transferred to Budget Account 101-1327 in an amount to reimburse that account for the money transferred - *AB4_R1* – 61 – pursuant to subsection 1 that was expended by the Secretary of State.
Any remaining balance of the money must not be committed for expenditure on or after December 30, 2020, by the Secretary of State or any entity to which the money is granted or otherwise transferred in any manner, and any portion of the money remaining must not be spent for any purpose after December 30, 2020, by either the Secretary of State or the entity to which the money was subsequently granted or transferred, and must be reverted to Budget AccountAcc5.nt 101-1327.As used in section:
5.
As used in section:
- 32nd Special Session (2020) – 64 – (c) “Mail ballot” has the meaning ascribed to it in section 6 of this act.
(b) The 2020 General Election held throughout the State of Nevada on the first Tuesday after the first Monday of November 2020 and every other election held on the same day as the 2020 General Election pursuant to the provisions of title 24 of NRS or any other law or city charter, and all of those elections are deemed to be affected elections that are subject to the provisions of sections 2 to 27, inclusive, of this act notwithstanding any other provisions of law;
- *AB4_R1* – 62 – 2.
This section and sections 1 to 73, inclusive, and 75 to 87, inclusive, of this act become effective upon passage and app2.vaSectionapproval. 74 of this act becomes effective on July 1, 2021.
H2. - *AB4_R1*
Section 74 of this act becomes effective on July 1, 2021.
~~~~~ 20 - 32nd Special Session (2020)
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
-
Approved by the Governor. Chapter 3.
-
Read third time. Passed. Title approved. (Yeas: 13, Nays: 8.) To Assembly. In Assembly. To enrollment. Enrolled and delivered to Governor.
-
Read second time.
-
Read first time. Referred to Committee of the Whole. To printer. From printer. To committee. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 2.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved. (Yeas: 29, Nays: 12, Excused: 1.) To printer. From printer. To engrossment. Engrossed. First reprint. To Senate. In Senate. Read first time. Referred to Committee of the Whole. To committee. From committee: Do pass.
Sponsors
- Assembly Committee of the Whole · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee of the Whole
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"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.
Subjects
Frequently asked questions
- What does AB 4 do?
- AN ACT relating to elections; enacting provisions for conducting elections adversely affected by certain emergencies or disasters; revising provisions governing election procedures for absent ballots, mailing ballots and other mail ballots; making various other changes relating to elections; prohibiting certain unlawful acts relating to elections; providing for the transfer, disbursement and use of certain funds to pay certain expenses relating to elections; providing penalties; and providing other matters properly relating thereto.
- Who sponsors AB 4?
- AB 4 is sponsored by Assembly Committee of the Whole.
- What is the current status of AB 4?
- This bill has been enacted into law. Introduced July 31, 2020. Enacted.
- Where can I track AB 4?
- Track AB 4 free on One Click Politics — get push/email alerts when it moves.
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