Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB121 33 Amendment No.
121–Assemblymen33 Cohen;Assembly Amendment to Assembly Bill No.
Anderson,121 Bilbray-(BDR Axelrod,24-774) Brown-May,Proposed Carlton,by: Duran, Flores, Frierson, González, Gorelow, Jauregui, Martinez, Marzola, Brittney Miller, C.H.
Miller,Assembly 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:
No 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:
4/5/2021 A.B.
No.
121—Revises certain provisions relating to elections.
(BDR 24-774) Page 1 of 14 *A_AB121_33* Assembly Amendment No.
33 to Assembly Bill No.
121 Page 3 A SSEMBLY BILL NO .
121–ASSEMBLYWOMAN C OHEN FEBRUARY 15, 2021 _______________ 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.
eliminating the requirement to cancel a person’s voter registration if a person changes his or her party affiliation;
making various other changes related to the system of approved electronic transmission established for certain uniformed military and overseas voters;
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,Section apply1 forof athis military-overseasbill ballotrequires andthe castSecretary aof military- 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 absent ballot.
Section 1 further requires the Secretary of State toplyto prescribe procedures to be used by 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.
Sections 2-12 of this bill make conforming changes related to allowing the use of the 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.
- 81st Session (2021) – 2 – Existing law authorizes certain uniformed military and overseas voters to:
or (2) use the declaration accompanying the federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot if the application or the declaration, as applicable, is received by the appropriate elections official by the seventh day before the election.
(NRS 293D.230)293D.230)d by 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 byAssembly theAmendment appropriateNo. local elections official not later than the close of the polls.
(NRS33 293D.400)to SectionsAssembly 13-16Bill ofNo. this bill provide that the deadline for certain uniformed military and overseas voters to:
121 Page 4 293D.400) Sections 13-16 of this bill provide that the deadline for certain uniformedRS 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.
As a result of the changes made by sections 13-16, a person with a disability may also use the system of approved electronic transmission to register to vote, request an absent ballot and cast an absent ballot until the time set for closing the polls on election day.
Sections 1, 13 and 14 of this bill require a local elections official to time stamp the electronic equivalent of:
(1) the federal postcard application;
or (2) an system of approved electronic transmission upon receipt.son 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.
(NRS 293.540, 293.543) Sections 11.3 and 11.7 of this bill revise these provisions to remove the requirement for the county clerk to cancel the registration of a person who requests to affiliate or change his or her affiliation with a political party.
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 use the system] 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 transmission to request and cast an absent ballot [is] are the same as the deadlines set forth in NRS 293D.310 and 293D.400 for a covered voter [to use the system] to request and cast a military-military-overseas overseas ballot.
Upon receipt of an application and ballot cast by a person with a disability using the system of approved electronic transmission established pursuant to NRS 293D.200, the local elections official shall affix, mark or otherwise acknowledge receipt of the application and ballot by means of a time stamp on the application.
3.
3.
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.
The Secretary of State shall prescribe the form and content of a declaration for use by an elector with a disability or a representations pertaining to identity, eligibility to vote, status as such an elector or registered voter and timely and proper completion of an absent ballot.
5.
5.
The Secretary of State shall make available to an elector with a disability or a registered voter with a disability information regarding instructions on using Assembly Amendment No.
33 to Assembly Bill No.
121 Page 5 the system for approved electronic transmission to register to vote and apply for and cast an absent ballot.
The Secretary of State shall make available to an elector with a disability or a registered voter with a disability information regarding instructions on using the system for approved electronic transmission to register to vote and apply for and cast an absent ballot.
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:
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 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 theAssembly constitutionalAmendment amendmentNo. or statewide measure and a summary to of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws.
33 to Assembly Bill No.
121 Page 6 concise and clear summary of any existing laws directly related to the constitutional amendment or statewide measure and a summary 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.
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.
Except as otherwise provided in NRS 293D.200, and section 1 of this act, when an absent ballot is returned by or on behalf of an absent voter to theAssembly countyAmendment clerkNo. through the mail, by facsimile machine or other approved electronic transmission or in person, and a record of its return is made in the absent ballot record for the election, the county clerk or an employee in the office of the county clerk shall check the signature used for the absent ballot in accordance with the following procedure:
33 to Assembly Bill No.
121 Page 7 the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and a record of its return is made in the absent ballot record for the election, the county clerk or an employee in the office of the county clerk shall check the signature used for the absent ballot in accordance with the following procedure:
-(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;
(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 p.m.5 Assembly Amendment No.
33 to Assembly Bill No.
121 Page 8 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;
and by(d) law.MailMail or deliver the return envelope in a manner authorized 2.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.
Except4. as otherwise provided in subsection 5, at the request of a voter whose absent ballot has been prepared by or on behalf of the voter for an election, a person authorized by the voter may return the absent ballot on behalf of the voter by mail or personal delivery to the county clerk.
Except as otherwise provided in subsection 5, at the request of a voter whose absent ballot has been prepared by or on behalf of the voter for an election, a Assembly Amendment No.
33 to Assembly Bill No.
121 Page 9 person authorized by the voter may return the absent ballot on behalf of the voter by mail or personal delivery to the county clerk.
- 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.
(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 electronicrselectronic 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 eleSec.election board officers.
9.oarNRSAssembly 293.340Amendment isNo. hereby amended to read as follows:
33 to Assembly Bill No.
121 Page 10 Sec.
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 –the 12application –to preregister or register to vote, giving true and satisfactory answers to allsterall 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.
If the applicant preregisters or registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before castingAssembly aAmendment ballotNo. in person or by mail or after casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive.
33 to Assembly Bill No.
121 Page 11 casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive.
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.
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;
9.Assembly Amendment No.
33 to Assembly Bill No.
121 Page 12 9.
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) 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.
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 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.
In addition to any other method of registering to vote set forth in chapter 293 of NRS, a covered voter may use a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens AbsenteeAssembly VotingAmendment Act,No. 52 U.S.C.
33 to Assembly Bill No.
121 Page 13 Absentee Voting Act, 52 U.S.C.
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 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;
- 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.
UponThe receiptSecretary of theState electronicshall equivalentensure ofthat the federalsystem postcardof applicationapproved pursuantelectronic totransmission subsectiondescribed 1in orsubsection 2,2 the local elections official shall affix, mark or otherwise acknowledge receipt of theNRS application293D.200 byis meanscapable of aaccepting time stamp on the application.submission of:
4.(a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official;
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;
[4.]4. 5.
[5.]Assembly 6.Amendment No.
33 to Assembly Bill No.
121 Page 14 5.
§ 20303, as an application for a military-overseasmilitary- 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 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.
[7.]and 8.(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.
This7. 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.
Sec.[Sec.
13.] Sec.
Sections 1 to [12,] 16, inclusive, of this act become effective:
~~~~~ 21 - 81st Session (2021)