AB 121 — Revises certain provisions relating to elections. (BDR 24-774)

Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:

The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional- amendment81st Session (2021) – 5 – all sample ballots.dment or statewide measure must be included on all5. sample ballots.

5.

The digest must include a concise and clear summary of any existing laws directly related to the constitutional amendment or statewide measure and a summary -to *AB121_R1* – 5 – of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws.

(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

- 81st Session (2021) – 6 – 2.

3.elections held during the year he or she requests an absent ballot.

A registered voter may request an absent ballot for all elections held during the year he or she requests an absent ballot.

- *AB121_R1* – 6 – (a) Delivered by hand to the county clerk before the time set for closing of the polls pursuant to NRS 293.273;

2.on the third day following the election and the date of the postmark.

Ifcannot anbe determined, the absent ballot isshall receivedbe bydeemed mailto nothave laterbeen thanpostmarked 5on p.m.or before the day of the election.

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 the day of the election.

(b)- If81st atSession least(2021) two– employees7 in– the office of the county clerk believe there is a reasonable question of fact as to whether thetherk signature used for the absent ballot matches the signature of the voter, the county clerk shall contact the voter and ask the voter to confirm whether the signature used for the absent ballot belongs to the voter.

(1) The signature used for the absent 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 obviousobvioust respects from the signatures of the voter available in the records of the county clerk;

or - *AB121_R1* – 7 – (2) There are only slight dissimilarities between the signature used for the absent ballot and the signatures of the voter available in the records of the county clerk.

(b) An absent ballot central counting board has been appointed, the county clerk shall deposit the absent ballot in the proper ballot box or place the absent ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times.

Not earlier than 15 days before the election, the county 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- of81st theSession prepared(2021) ballots– until8 after– the polls have closed pursuant to NRS 293.273 or 293.305.293.305.til after the polls have 4.

4.

For the absent ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m.

The county clerk shall prescribe procedures for an absent voter who failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot, or for whom theretheret in is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, in order to:

- *AB121_R1* – 8 – (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;

(b) Telephone, if a telephone number for the voter is available in the(c) Electronic mail, if the recordsvoter ofhas provided the county clerk;clerk with sufficient information to contact the voter by such means.

and (c) Electronic mail, if the voter has provided the county clerk with sufficient information to contact the voter by such means.

- 81st Session (2021) – 9 – (b) Deposit the absent ballot in the return envelope and seal the return envelope;

and (d)by Maillaw.Mail or deliver the return envelope in a manner authorized by2. law.

2.

- *AB121_R1* – 9 – (b) Is a registered voter who is otherwise entitled to vote;

and (c) Signs an affirmation under penalty of perjury on a form preparedvoted byduring the Secretaryelection.of of State declaring that the voter has not voted4. during the election.

4.

- 81st Session (2021) – 10 – (1) Before the end of the third day after the day of receipt, if the person receives the absent ballot from the voter four or more days before the day of the election;

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 ballot from the voter three or fewer days before the day of the election.

- *AB121_R1* – 10 – (c) If the board determines that the voter is entitled to cast the absent ballot, the return envelope must be opened, the numbers on the absent ballot and return envelope or approved electronicelectronicrs on 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;

293.335 When all absent ballots delivered to the election boards have been voted or rejected, except as otherwise provided in NRS 293D.200, and section 1 of this act, the empty envelopes and the envelopes and approved electronic transmissions containing - 81st Session (2021) – 11 – rejected ballots must be returned to the county clerk.

On all envelopes and approved electronic transmissions containing rejected ballots the cause of rejection must be noted and the envelope or approved electronic transmission signed by a majority of the electioneleSec. board officers.

Sec.9.oarNRS 293.340 is hereby amended to read as follows:

9.

NRS 293.340 is hereby amended to read as follows:

Except as otherwise provided in NRS 293D.200, and section 1 of this act, each absent ballot voted must be deposited in a ballot box according to the precinct or district of the absent voter voting such ballot.

Provide in alternative audio and visual formats information concerning elections, information concerning how to preregister or register to vote and information concerning the manner of voting for uselimitation,rsonprovidinglderlysuchdisabinformationing, bywthrough a person who is elderly or disabled, including, without - *AB121_R1* – 11 – limitation, providing such information through a telecommunications device that is accessible to a person who is deaf.

(a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter- registration81st agency,Session completing(2021) the– application12 to– preregister or register to vote, giving true and satisfactory answers to allallster questions relevant to his or her identity and right to preregister or register to vote, and providing proof of residence and identity;

or (2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register(f) voters;By any other method authorized by the provisions of this title.

or (f) By any other method authorized by the provisions of this title.

- *AB121_R1* – 12 – 2.

3.inclusive, the application to preregister or register to vote must be signed and verified under penalty of perjury by the person preregistering or the elector registering.

Except as otherwise provided in NRS 293.5732 to 293.5757, inclusive, the application to preregister or register to vote must be signed and verified under penalty of perjury by the person preregistering or the elector registering.

A person or an elector who is preregistered or registered and changes his or her name must complete a new application to preregister- or81st registerSession to(2021) vote,– 13 – may obtain a new application:te, as applicable.

The person or elector may(a) obtainAt athe newoffice application:of the county clerk or field registrar;

(a) At the office of the county clerk or field registrar;

 If the elector fails to register under his or her new name, the elector may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

If a person or an elector submits an application to preregister or register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten - *AB121_R1* – 13 – additions, erasures or interlineations, the county clerk may object to the application if the county clerk believes that because of suchsuchct to handwritten additions, erasures or interlineations, the application is incomplete or that, except as otherwise provided in NRS 293D.210, the person is not eligible to preregister pursuant to NRS 293.4855 or the elector is not eligible to vote pursuant to NRS 293.485, as applicable.

Not later than 5 business days after- the81st districtSession attorney(2021) receives– such14 notification,– the district attorney shall advise the county clerk as to whether:whether:n, the district (a) The application is complete and, except as otherwise provided in NRS 293D.210, the person is eligible to preregister pursuant to NRS 293.4855 or the elector is eligible to vote pursuant to NRS 293.485;

(a) The application is complete and, except as otherwise provided in NRS 293D.210, the person is eligible to preregister pursuant to NRS 293.4855 or the elector is eligible to vote pursuant to NRS 293.485;

11.3.

NRS 293.540 is hereby amended to read as follows:

293.540 1.

The county clerk shall cancel the preregistration of a person:

(a) If the county clerk has personal knowledge of the death of person is filed in the county clerk’s office.

of the death of the (b) At the request of the person.

(c) If the county clerk has discovered an incorrect preregistration pursuant to the provisions of NRS 293.5235 and the person has failed to respond within the required time.

(d) As required by NRS 293.541.

(e) Upon verification that the application to preregister to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’s office.

2.

The county clerk shall cancel the registration of a person:

(a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerk’s office.

(b) If the county clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing he or she cannot communicate, with or without accommodations, ause specific desire to participate in the voting process.

(c) Upon the determination that the person has been convicted of a felony and is currently incarcerated.

(d) Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

(e) [Upon the request of any registered voter to affiliate with any political party or to change affiliation, if that change is made before the end of the last day to register to vote in the election.

- 81st Session (2021) – 15 – (f)] At the request of the person.

[(g)] (f) If the county clerk has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530 or 293.535 and the elector has failed to respond or appear to vote wit[(h)] (g) As required by NRS 293.541.

[(i)] (h) Upon verification that the application to register to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’s office.

Sec.

11.7.

NRS 293.543 is hereby amended to read as follows:

293.543 1.

If the registration of an elector is cancelled pursuant to paragraph (b) of subsection 2 of NRS 293.540, the county clerk shall reregister the elector upon notice from the clerk of the district court that the elector has been found by the district court to have the mental capacity to vote.

The court must include the finding in a court order and, not later than 30 days after issuing the order, provide a certified copy of the order to the county clerk of the county in which the person is a resident and to the Office of the Secretary of State.

2.

If the registration of an elector is cancelled pursuant to paragraph (c) of subsection 2 of NRS 293.540, the elector may reregister upon release from prison.

3.

[If the registration of an elector is cancelled pursuant to the provisions of paragraph (e) of subsection 2 of NRS 293.540, the elector may reregister immediately.

4.] If the registration of an elector is cancelled pursuant to the provisions of paragraph [(f)] (e) of subsection 2 of NRS 293.540, not reregister until after the primary election.ection, the elector may [5.] 4.

A county clerk shall not require an elector to present evidence, including without limitation, a court order or any other document, to prove that the elector satisfies the requirements of subsection 2.

Sec.

(2)- By81st appearingSession in(2021) person– at16 the– office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035, is the fourth Tuesday preceding the primary or general election.

- *AB121_R1* – 14 – (b) If a recall or special election is not held on the same day as a primary or general election, the last day to register to vote for the recall or special election by any method of registration is the third Saturday preceding the recall or special election.

2.inclusive, after the deadlines for the close of registration for a primary or general election set forth in subsection 1, no person may register to vote for the election.

Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, after the deadlines for the close of registration for a primary or general election set forth in subsection 1, no person may register to vote for the election.

(b) The notice must be published once each week for 4 consecutive weeks next preceding the day that the last method of registration for the election, as set forth in subsection 1, will be closed.

A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of- operation81st asSession the(2021) county– clerk17 – subsection 3 of NRS 293.5035.erk may determine, as set forth in subsectionSec. 3 of NRS 293.5035.

Sec.

If the federal postcard application or the application’s electronic equivalent is received after the [seventh day before the - *AB121_R1* – 15 – election,] time set for closing the polls, it must be treated as an application to register to vote for subsequent elections.

Upon receipt of the electronic equivalent of the federal postcard application mark or otherwise acknowledge receipt of the application byhall affix, means of a time stamp on the application.

The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200293(a) isBoth capablea offederal accepting:postcard application and any other approved electronic registration application sent to the appropriate local elections official;

(a) Both a federal postcard application and any other approved electronic registration application sent to the appropriate local elections official;

- 81st Session (2021) – 18 – Sec.

A covered voter who is registered to vote in this State may apply for a military-overseas ballot by submitting a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.

- *AB121_R1* – 16 – 3.

TheUpon Secretaryreceipt of Statethe shallelectronic ensureequivalent thatof the systemfederal ofpostcard approvedapplication electronicpursuant transmissionto describedsubsection in1 subsectionor 22, the local elections official shall affix, mark or otherwise acknowledge receipt of NRSthe 293D.200application isby capablemeans of acceptinga thetime submissionstamp of:on the application.

(a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official;

and (b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

The Secretary of State shall ensure that the system of 293D.200 is capable of accepting the submission of:ction 2 of NRS (a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official;

and (b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

[4.] 5.

5.[5.] 6.

§ 20303, as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration [is] and the federal write-in absentee ballot - 81st Session (2021) – 19 – are received by the appropriate local elections official [by the seventh day] before the [election.] time set pursuant to NRS 293.273 for closing the polls on election day.

6.[6.] 7.

(b) The use of an overseas address on an approved voting registrationreg(c) The inclusion on an application to register to vote or an application for a military-overseas ballot application;of other information sufficient to identify that the person is a covered voter.

and[7.] (c)8. The inclusion on an application to register to vote or an application for a military-overseas ballot of other information sufficient to identify that the person is a covered voter.

7.This chapter does not prohibit a covered voter from applying for an absent ballot pursuant to the provisions of chapter or 293C of NRS or voting in person.

This chapter does not prohibit a covered voter from applying for an absent ballot pursuant to the provisions of chapter 293 or 293C of NRS or voting in person.

293D.400 A military-overseas ballot must be received by the appropriate local elections official not later than the [close of] time - *AB121_R1* – 17 – set pursuant to NRS 293.273 for closing the polls [.] on election day.

(a) Upon passage and approval for the purpose of adopting regulations and performing any other preliminary administrative tasks that are necessary to carry out the provisions of this act;

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