Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB121 R1 759 Amendment No.
121–Assemblymen759 Cohen;Senate Amendment to Assembly Bill No.
Anderson,121 Bilbray-First Axelrod,Reprint Brown-May,(BDR Carlton,24-774) Duran,Proposed Flores,by: Frierson, González, Gorelow, Jauregui, Martinez, Marzola, Brittney Miller, C.H.
Miller,Senate Monroe-Moreno,Committee Nguyen,on Orentlicher,Legislative Peters,Operations Summers-Armstrong, Thomas, Torres, Watts and YeagerElections JointAmends: Sponsors:
SenatorsSummary: Ohrenschall, Spearman and Lange CHAPTER..........
No Title:
Yes Preamble:
No Joint Sponsorship:
Yes Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
ERS/HAC - Date:
5/24/2021 A.B.
No.
121—Revises certain provisions relating to elections.
(BDR 24-774) Page 1 of 16 *A_AB121_R1_759* Senate Amendment No.
759 to Assembly Bill No.
121 First Reprint Page 3 A SSEMBLY BILLN O.
121–[SSEMBLYWOMAN ] ASSEMBLYMEN C OHEN;
ANDERSON , BILBRAY-AXELROD , B ROWN -M AY, CARLTON , D URAN, FLORES , FRIERSON, GONZÁLEZ , GORELOW , AUREGUI , MARTINEZ , MARZOLA , BRITTNEY M ILLER, C.H.
M ILLER, M ONROE -MORENO , N GUYEN , ORENTLICHER , PETERS , SUMMERS -ARMSTRONG , THOMAS , TORRES , W ATTS ANDY EAGER FEBRUARY 15, 2021 _______________ JOINT SPONSORS:
SENATORS O HRENSCHALL , PEARMAN AND LANGE _______________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises certain provisions relating to elections.
(BDR 24-774) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising the deadline by which certain uniformed military and overseas voters may submit an application to register to vote or a request for a military-overseasmilitary- overseas ballot;
Existing law requires the Secretary of State to establish a system of approved electronic transmission through which certain uniformed military and overseas voters may register to vote, apply for a military-overseas ballot and cast a military-military-overseas Stateballot. to allow the system of approved electronic transmission to be used by:
(NRS 293D.200) Section 1 of this bill requires the Secretary of State to allow the system of approved electronic transmission to be used by:
Section 1 also requires the system of approved electronic transmission to allow such an elector or registered voter to provide his or her digital or electronic signature on any document or other material that is necessary for the elector to register to vote or the registered voter to apply for and cast an absentSenate ballot.Amendment No.
Section759 1 further requires the Secretary of State toply prescribe procedures to beAssembly usedBill byNo. local elections officials in accepting, handling and counting absent ballots received from a registered voter with a disability using the system of approved electronic transmission.
Sections121 2-12First ofReprint thisPage bill4 make conforming changes related to allowing the use register to vote and a registered voter with a disability to request and cast an absent ballot.
-Section 81st1 Sessionfurther (2021)requires –the 2Secretary –of ExistingState lawto authorizesprescribe certainprocedures uniformedto militarybe used by local elections officials in accepting, handling and overseascounting votersabsent to:ballots received from a registered voter with a disability using the system of approved electronic transmission.
system of approved electronic transmission by an elector with a disability to register to vote and a registered voter with a disability to request and cast an absent ballot.
Existing law authorizes certain uniformed military and overseas voters to:
(NRS 293D.230) Existing law further authorizes certain uniformed military and overseas voters to submit an application for a military-overseas ballot by the seventh day before the election.
(NRS 293D.300, 293D.310) Existing law also requires a military-overseas ballot to be received by the appropriate local electionsbill officialprovide notthat laterthe thandeadline thefor closecertain ofuniformed themilitary polls.and overseas voters to:
(NRS 293D.400) Sections 13-16 of this bill provide that the deadline for certain uniformed military and overseas voters to:
or (3) apply for a military- overseas ballot and return the military-overseas ballot to the appropriate local elections official is the time set for closing the polls on election day pursuant to NRS 293.273, which is currently 7 p.m.
or (2) an systemapplication ofto approved electronic transmission upon receipt.sonreceipt. with a disability using the Existing law requires the county clerk to cancel the registration of a person if he or she requests to affiliate with a political party or change his or her affiliation and provides that the person may reregister immediately.
person with a disability using the system of approved Existing law requires the county clerk to cancel the registration of a person if he or she requests to affiliate with a political party or change his or her affiliation and provides that the person may reregister immediately.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
The deadline for an elector with a disability to use the system of approved electronic transmission to register to vote is the same as - 81st Session (2021) – 3 – the deadline set forth in NRS 293D.230 for a covered voter to register to vote.
(b) A registered voter with a disability to use the system of approved electronic transmission established pursuant to NRS 293D.200 to apply for and cast an absent ballot in every election where the system of approved electronic transmission is available to a covered voter to request and cast a military-overseas ballot, including, without limitation, an affected election.
The deadlines for a registered voter with a disability to use the system of approved electronic transmissionSenate toAmendment requestNo. and cast an absent ballot are the same as the deadlines set forth in NRS 293D.310 and 293D.400 for a covered voter to request and cast a military- overseas ballot.
759 to Assembly Bill No.
121 First Reprint Page 5 transmission to request and cast an absent ballot are the same as the deadlines set forth in NRS 293D.310 and 293D.400 for a covered voter to request and cast a military-overseas ballot.
[3.] 4.
The Secretary of State shall prescribe the form and content of a declaration for use by an elector with a disability or a registered voter with a disability to swear or affirm specific representations pertaining to identity, eligibility to vote, status as such an elector or registered voter and timely and proper completion of an absent ballot.
[4.] 5.
[5.] 6.
[6.] 7.
-[7.] 81st Session (2021) – 4 – 8.
(b) “Covered voter” has the meaning ascribed to it in NRS(c) “Digital signature” has the meaning ascribed to it in NRS 720.060.293D.030.
(c) “Digital signature” has the meaning ascribed to it in NRS 720.060.
Secretary2. of State shall prescribe with respect to the matter to be printed on every kind of ballot:
(a)Except Theas placementotherwise andprovided listingin chapter 293D of allNRS, offices,the candidatesSecretary andof measuresState uponshall whichprescribe votingwith isrespect statewide,to whichthe mustmatter to be uniformprinted throughouton theevery State.kind of ballot:
Senate Amendment No.
759 to Assembly Bill No.
121 First Reprint Page 6 (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.
The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed -constitutional 81stamendment Session (2021) – 5 – all sample ballots.dment or statewide measure must be included on 5.all 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 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.
elections3. 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.
A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request forSenate anAmendment absentNo. ballot for the primary and general elections immediately following the date on which the county clerk received the request.
759 to Assembly Bill No.
121 First Reprint Page 7 for an absent ballot for the primary and general elections immediately following the date on which the county clerk received the request.
on2. the third day following the election and the date of the postmark.
cannotIf bean determined, the absent ballot shallis bereceived deemedby tomail havenot beenlater postmarkedthan on5 orp.m. 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) 81stIf Sessionat (2021)least –two 7employees –in the office of the county clerk believe there is a reasonable question of fact as to whether therkthe 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 obvioustobvious respects from the signatures of the voter available in the records of the county clerk;
(a)Senate NoAmendment absentNo. 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 election board.
(b)759 Anto absentAssembly ballotBill centralNo. counting board has been appointed, 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.
121 First Reprint Page 8 (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 election board.
(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 81stof Sessionthe (2021)prepared –ballots 8until –after the polls have closed pursuant to NRS 293.273 or 293.305.til293.305. 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 theretthere 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:
(b) Telephone, if a telephone number for the voter is available in the(c) Electronic mail, if the voterrecords hasof provided the county clerkclerk; 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;
(c)Senate AffixAmendment hisNo. or her signature on the return envelope in the space provided for the signature;
and759 byto law.MailAssembly orBill deliverNo. the return envelope in a manner authorized 2.
121 First Reprint Page 9 (c) Affix his or her signature on the return envelope in the space provided for the signature;
and (d) Mail or deliver the return envelope in a manner authorized by law.
2.
and (c) Signs an affirmation under penalty of perjury on a form votedprepared duringby the election.ofSecretary of State declaring that the voter has not 4.voted 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.
(b)Senate TheAmendment signatureNo. used for the absent ballot must be checked in accordance with the procedure set forth in NRS 293.325;
(c)759 If the board determines that the voter is entitled to castAssembly theBill theNo. absent ballot and return envelope or approved electronicrs 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;
121 First Reprint Page 10 (b) The signature used for the absent ballot must be checked in accordance with the procedure set forth in NRS 293.325;
(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 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;
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 eleSec.election board officers.
9.oarNRSSec. 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 limitation,rsonprovidinglderlysuchdisabinformationing,use wthroughby a person who is elderly or disabled, including, without 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 81stregistration Sessionagency, (2021)completing –Senate 12Amendment –No. or register to vote, giving true and satisfactory answers to allster questions relevant to his or her identity and right to preregister or register to vote, and providing proof of residence and identity;
759 to Assembly Bill No.
121 First Reprint Page 11 the application to preregister or register to vote, giving true and satisfactory answers to all 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 (f)register Byvoters; any other method authorized by the provisions of this title.
or (f) By any other method authorized by the provisions of this title.
inclusive,3. 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 81stor Sessionregister (2021)to –vote, 13 – may obtain a new application:te, as applicable.
The person or elector (a)may Atobtain thea officenew ofapplication: 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.
7.Senate Amendment No.
759 to Assembly Bill No.
121 First Reprint Page 12 7.
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 additions, erasures or interlineations, the county clerk may object to the application if the county clerk believes that because of suchctsuch 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 81stthe Sessiondistrict (2021)attorney –receives 14such –notification, the district attorney shall advise the county clerk as to whether:n,whether: 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;
(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.
of the death of the (b) At the request of the person.
(b) If the county clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing evidence that the person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, ausea specific desire to participate in the voting process.
-Senate 81stAmendment SessionNo. (2021) – 15 – (f)] At the request of the person.
[(g)]759 (f) If the county clerk has discovered an incorrect registration pursuant to theAssembly provisionsBill ofNo. 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.
121 First Reprint Page 13 (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 within the required time.
[(h)] (g) As required by NRS 293.541.
4.] If the registration of an elector is cancelled pursuant to the provisions of paragraph [(f)] (e) of subsection 2 of NRS 293.540, notafter reregisterthe untilclose afterof theregistration for a primary election.ection,election, the elector may [5.]not 4.reregister until after the primary election.
[5.] 4.
-(2) 81stBy Sessionappearing (2021)in –person 16at –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.
inclusive,2. 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.
3.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.
Senate Amendment No.
759 to Assembly Bill No.
121 First Reprint Page 14 3.
(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 81stoperation Sessionas (2021)the –county 17clerk – subsection 3 of NRS 293.5035.erk may determine, as set forth in Sec.subsection 3 of NRS 293.5035.
Sec.
Upon receipt of the electronic equivalent of the federal postcard application pursuant to this subsection, the local elections official shall affix, mark or otherwise acknowledge receipt of the application byhallby 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 293(a)293D.200 Bothis acapable federalof postcardaccepting: 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;
-Senate 81stAmendment SessionNo. (2021) – 18 – Sec.
759 to Assembly Bill No.
121 First Reprint Page 15 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.
The Secretary of State shall ensure that the system of 293D.200approved iselectronic capabletransmission ofdescribed acceptingin thesubsection submission of:ction 2 of NRS (a)293D.200 Bothis acapable federalof postcardaccepting application and any other approved electronic military-overseas ballot application sent to the appropriatesubmission localof: elections official;
(a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official;
§ 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.
(b) The use of an overseas address on an approved voting reg(c)registration The inclusion on an application to register to vote or an application for a military-overseas ballot ofapplication; other information sufficient to identify that the person is a covered voter.
and (c) 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.
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.
Sec.Senate Amendment No.
759 to Assembly Bill No.
121 First Reprint Page 16 Sec.
~~~~~ 21 - 81st Session (2021)