Nevada 2021 Regular Session Status: Enacted 1 D cosponsors

AB 126 — Revises provisions relating to elections. (BDR 24-99)

Last action — Chapter 556.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 56% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1361 added · 1865 removed

1361 line(s) added, 1865 removed.

→
Previous
Latest
EXEMPT (Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT A.B.
Assembly Bill No.
126 A SSEMBLY B ILLN O.
126–Assemblymen Frierson, Benitez-Thompson and Brittney Miller CHAPTER..........
126–A SSEMBLYMEN FRIERSON , B ENITEZ-THOMPSON AND BRITTNEY M ILLER FEBRUARY 15, 2021 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections.
(BDR 24-99) FISCAL NOTE:
EffEffect on the State:
Yes.May have Fiscal Impact.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising the deadline for a candidate to file a declaration of candidacy;
Existing law provides that the period for filing a declaration of candidacy:
This bill establishes requirements and procedures for conducting a presidential preference primary election, which is an election held in a presidential election year to determine the preferences of the registered voters of a major political party regaSection 43 of this bill requires, with certain exceptions, that a presidential preference primary election be held for each major political party on the first Tuesday in February of each presidential election year.
(1) for judicial candidates begins the first Monday in January of the year of the election and ends the second Friday after the first Monday in January;
and (2) for all nonjudicial candidates begins the first Monday in March of the year of the election and ends the second Friday after the first Monday in March.
(NRS 293.177) candidacy for all candidates other than candidates for a presidential preferenceon of primary election begins the last Monday in February of the year of the election and ends the third Friday after the last Monday in February.
Sections 6.2, 6.7, 35.3 and 35.6 of this bill make conforming changes relating to candidates of a minor political party, independent candidates and candidates in a city election.
This bill also establishes requirements and procedures for conducting a presidential preference primary election, which is an election held in a presidential political party regarding the party’s nominee for President of the United States.
Section 43 of this bill requires, with certain exceptions, that a presidential preference primary election be held for each major political party on the first Tuesday in February of each presidential election year.
Section 41 of this bill defines the term “qualified candidate.” - *AB126_R1* – 2 – regarding the presidential preference primary election.
Section 41 of this bill defines the term “qualified candidate.” Section 45 of this bill requires the county clerk to publish certain information regarding the presidential preference primary election.
publish certain information Section 46 of this bill provides that a registered voter may cast a ballot at a presidential preference primary election for a major political party only if the registered voter designated on his or her application to register to vote an affiliation with the party.
Section 46 of this bill provides that a registered voter may cast a ballot at a presidential preference primary election for a major political party only if the with the party.
Section 47 of this bill provides that such a registered voter may cast a ballot at the presidential preference primary election at any polling place in the county.
Section 47 of this bill provides that such a registered voter may caston a ballot at the presidential preference primary election at any polling place in the county.
Section 11 of this bill makes a conforming change to require a county clerk to establish at least one vote center in the county for the day of the presidential preSection 47 of this bill sets forth various duties of a county clerk related to the presidential preference primary election, including distributing sample ballots, establishing polling places, distributing absent ballots and, if applicable, distributing mail ballots or mailing ballots.
Section 11 of this bill makes a conforming change to require a county clerk to establish at least one vote center in the county for the day of the presidential preference primary election.
Section 47 of this bill sets forth various duties of a county clerk related to the presidential preference primary election, including distributing sample ballots, establishing polling places, distributing absent ballots and, if applicable, distributing mail ballots or mailing ballots.
Section 48 of this bill requires a period for early voting for a presidential preference primary election that begins 10 calendar days before the election and extends through the Friday before the election.
preference primary election that begins 10 calendar days before the election andl extends through the Friday before the election.
Section 17 of this bill makes a conSection 50 of this bill requires the Secretary of State to compile the returns of the presidential preference primary election for each qualified candidate of the major political party, prepare an abstract of the returns and certify the number of votes received by each qualified candidate.
Section 17 of this bill makes a conforming change related to the general process for early voting.
Section 50 of this bill requires the Secretary of State to compile the returns of the presidential preference primary election for each qualified candidate of the major political party, prepare an abstract of the returns and certify the number of votes received by each qualified candidate.
Section 23 of this bill makes a conforming change related to the cost of distributing sample ballots.
Section 23 of this bill makes a conforming change relaSections 2-5 of this bill make conforming changes related to the precinct meetings and party conventions of major political parties to account for holding a presidential preference primary election.
Sections 2-5 of this bill make conforming changes related to the precinct presidential preference primary election.olitical parties to account for holding a Section 6 of this bill clarifies that the minor political parties do not participate in the presidential preference primary election.
- 81st Session (2021) – 2 – Section 6 of this bill clarifies that the minor political parties do not participate in the presidential preference primary election.
Section 9 of this bill sets forth the procedure for a registered voter to apply to votSection 10 of this bill requires the county clerk to post certain notices if a candidate whose name appears on the ballot at a presidential preference primary election dies before the closing of the polls.
vote at a presidential preference primary election.
for a registered voter to apply to Section 10 of this bill requires the county clerk to post certain notices if a candidate whose name appears on the ballot at a presidential preference primary election dies before the closing of the polls.
Sections 20-22 and 25 of this bill amend existing provisions relating to voter registration to account for presidential preference primary elections.
registration to account for presidential preference primary elections.ing to voter Section 24 of this bill requires the county clerk to ascertain by precinct and district the number of registered voters in the county and their political affiliation before the presidential preference primary election consistent with the existing requirements for a primary or general election.
district the number of registered voters in the county and their political affiliation before the presidential preference primary election consistent with the existing requirements for a primary or general election.
Section 26 of this bill amends the definition of “election” so that provisions that allow certain voter registration after the close of registration and same day voteSections 27-32 of this bill make various changes to specify that provisions relating to elections affected by certain emergencies or disasters also apply to presidential preference primary elections.
- *AB126_R1* – 3 – Section 26 of this bill amends the definition of “election” so that provisions that allow certain voter registration after the close of registration and same day votSections 27-32 of this bill make various changes to specify that provisions relating to elections affected by certain emergencies or disasters also apply to presidential preference primary elections.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Sec.
- 81st Session (2021) – 3 – Sec.
2.
the following order of preference:one of the following places in (a) Any public building within the precinct if the meeting is for a single precinct, or any public building which is in reasonable proximity to the precincts and will accommodate a meeting of two or more precincts;
The meeting must be held in one of the following places in the following order of preference:
(a) Any public building within the precinct if the meeting is for a single precinct, or any public building which is in reasonable proximity to the precincts and will accommodate a meeting of two or more precincts;
- *AB126_R1* – 4 – (a) Posting in a conspicuous place outside the building where the meeting is to be held;
(a) Posting in a conspicuous place outside the building where the meeting is to be held;
Notice to All Voters Registered IN THE (STATE N AME OF M AJOR POLITICAL PARTY ) Nevada state law requires each major political party, in every year during which a general election is held, to have a precinct meeting held for each precinct.
Notice to All Voters Registered IN THE (STATE N AME OF M AJOR POLITICAL P ARTY ) Nevada state law requires each major political party, in every year during which a general election is held, to have a precinct meeting held for each precinct.
If you wish to participate in the organization of your party for the coming 2 years, attend your precinct meeting.
If you wish to - 81st Session (2021) – 4 – years, attend your precinct meeting.our party for the coming 2 5.
Show all 414 changed rows (374 more)
Previous
Latest
5.
At the meeting, the delegates to which the members of the party residing in the precinct are entitled in the party’s county convention must be elected pursuant to the rules of the state central committee of that party.
At the meeting, the delegates to which party’s county convention must be elected pursuant to the rules ofthe the state central committee of that party.
[In presidential election years, the election of delegates may be a part of expressing preferences for candidates for the party’s nomination for President of the United States if the rules of the party permit such conduct.] - *AB126_R1* – 5 – The result of the election of delegates must be certified to the county convention of the party by the chair and the secretary of the meeting upon the forms specified in subsection 3.
[In presidential election years, the election of delegates may be a part of expressing preferences for candidates for the party’s nomination for President of the United States if the rules of the party permit such conduct.] The result of the election of delegates must be certified to the county convention of the party by the chair and the secretary of the meeting upon the forms specified in subsection 3.
If a position of delegate is vacant, it must be filled by the designated alternate, if any.
If a position of any.
If there is no designated alternate, the vacancy must be filled pursuant to the rules of the party, if the rules of the party so provide, or, if the rules of the party do not so provide, the county central committee shall appoint a delegate from among the qualified members of the party residing in the precinct in which the vacancy occurred, and the secretary of the county central committee shall certify the appointed delegate to the county convention.
If there is no designated alternate, the vacancy must be filledf pursuant to the rules of the party, if the rules of the party so provide, or, if the rules of the party do not so provide, the county central committee shall appoint a delegate from among the qualified members of the party residing in the precinct in which the vacancy occurred, and the secretary of the county central committee shall certify the appointed delegate to the county convention.
The county central committee shall prepare and number serially a number of certificate forms equal to the total number of delegates to be elected throughout the county, and deliver the appropriate number to each precinct meeting.
The county central committee shall prepare and number serially a number of certificate forms equal to the total number of - 81st Session (2021) – 5 – delegates to be elected throughout the county, and deliver the appropriate number to each precinct meeting.
4.
preliminary credentials committee of the county convention.
All duplicates must be delivered to the chair of the preliminary credentials committee of the county convention.
Delegates to such conventions shall be selected in the same manner as prescribed in NRS 293.130 to 293.160, inclusive, and - *AB126_R1* – 6 – each convention shall have and exercise all of the power granted it under NRS 293.130 to 293.160, inclusive.
Delegates to such conventions shall be selected in the same manner as prescribed in NRS 293.130 to 293.160, inclusive, and each convention shall have and exercise all of the power granted it under NRS 293.130 to 293.160, inclusive.
In addition to such powers granted it, the state convention shall select the necessary delegates and alternates to the national convention of the party and, if consistent with the rules and regulations of the party, shall select the national committeeman and committeewoman of the party from the State of Nevada.
In addition to such delegates and alternates to the national convention of the party and, if consistent with the rules and regulations of the party, shall select the national committeeman and committeewoman of the party from the State of Nevada.
The names of the candidates for partisan office of a minor political party must be placed on the ballot for the general election if the minor political party is qualified.
The names of the candidates for partisan office of a minor political party must be placed on the ballot for the general election if - 81st Session (2021) – 6 – party, the minor political party must have filed a certificate ofitical existence and be organized pursuant to NRS 293.171, must have filed a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:
To qualify as a minor political party, the minor political party must have filed a certificate of existence and be organized pursuant to NRS 293.171, must have filed a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:
or (c) Not later than the third Friday in June preceding the general election, must file a petition with the Secretary of State which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
or (c) Not later than the third Friday in June preceding the general election, must file a petition with the Secretary of State which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for3.
3.
- *AB126_R1* – 7 – Sec.
Secs.
6.2.
6.2, 6.5 and 6.7.
NRS 293.1725 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
293.1725 1.
Except as otherwise provided in subsection 4, a minor political party that wishes to place its candidates for partisan office on the ballot for a general election and:
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715;
or (b) Files or will file a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715,  must file with the Secretary of State a list of its candidates for partisan office not earlier than the [first] last Monday in [March] February preceding the election and not later than 5 p.m.
on the [second] third Friday after the [first] last Monday in [March.] February.
The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments.
The list may be amended not later than 5 p.m.
on the [second] third Friday after the [first] last Monday in [March.] February.
2.
The Secretary of State shall immediately forward a certified copy of the list of candidates for partisan office of each minor political party to the filing officer with whom each candidate must file his or her declaration of candidacy.
3.
Each candidate on the list must file his or her declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 not earlier than the date on which the list of candidates for partisan office of the minor political party is filed with the Secretary of State and not later than 5 p.m.
on the [second] third Friday after the [first] last Monday in [March.] February.
4.
A minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has qualified to place the names of its candidates for partisan office on the ballot for the general election pursuant to subsection 2 of NRS 293.1715 must file with the Secretary of State a certificate of nomination for these offices not later than the last Tuesday in August.
Sec.
6.5.
NRS 293.177 is hereby amended to read as follows:
293.177 1.
Except as otherwise provided in NRS 293.165 and 293.166, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy with the appropriate filing officer and paid the filing fee required by NRS 293.193 not earlier than [:
(a) For a candidate for judicial office, the first] the last Monday in [January] February of the year in which the election is to be held and not later than 5 p.m.
on the [second] third Friday after the [first] last Monday in [January;
and - *AB126_R1* – 8 – (b) For all other candidates, the first Monday in March of the year in which the election is to be held and not later than 5 p.m.
on the second Friday after the first Monday in March.] February.
2.
A declaration of candidacy required to be filed pursuant to this chapter must be in substantially the following form:
(a) For partisan office:
8 DECLARATION OF CANDIDACY OF .....FOR THE OFFICE OF ................
State of Nevada County of ........................
For the purpose of having my name placed on the official ballot as a candidate for the ................
Party nomination for the office of ........., I, the undersigned ........, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .........., in the City or Town of ......., County of .........., State of Nevada;
that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office;
that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........;
that I am registered as a member of the ................
Party;
that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada;
that if I have ever been convicted of treason or a felony, my civil rights have been restored;
that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since December 31 before the closing filing date for this election;
that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election;
that if nominated as a candidate of the ................
Party at the ensuing election, I will accept that nomination and not withdraw;
that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State;
that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State - *AB126_R1* – 9 – concerning the number of years or terms for which a person may hold the office;
that I understand that knowingly and willfully filing a declaration of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office;
and that I understand that my name will appear on all ballots as designated in this declaration.
........................................................
(Designation of name) ........................................................
(Signature of candidate for office) Subscribed and sworn to before me this ......
day of the month of ......
of the year ......
............................................................
Notary Public or other person authorized to administer an oath (b) For nonpartisan office:
DECLARATION OF CANDIDACY OF .....FOR THE OFFICE OF ................
State of Nevada County of ........................
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ........., in the City or Town of ......., County of ........., State of Nevada;
that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office;
that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........;
that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada;
that if I have ever been - *AB126_R1* – 10 – convicted of treason or a felony, my civil rights have been restored;
that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw;
that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State;
that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office;
that I understand that knowingly and willfully filing a declaration of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office;
and that I understand that my name will appear on all ballots as designated in this declaration.
........................................................
(Designation of name) ........................................................
(Signature of candidate for office) Subscribed and sworn to before me this ......
day of the month of ......
of the year ......
............................................................
Notary Public or other person authorized to administer an oath 3.
The address of a candidate which must be included in the declaration of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned.
The declaration of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:
(a) The candidate shall not list the candidate’s address as a post office box unless a street address has not been assigned to his or her residence;
and (b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:
- *AB126_R1* – 11 – (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address;
or (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card.
4.
If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:
(a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate;
and (b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.
The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.
5.
The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4.
Such a copy:
(a) May not be withheld from the public;
and (b) Must not contain the social security number, driver’s license or identification card number or account number of the candidate.
6.
By filing the declaration of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293.182.
Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration of candidacy.
If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process.
The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.
- *AB126_R1* – 12 – 7.
If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored, the filing officer:
(a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored;
and (b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.
8.
The receipt of information by the Attorney General or district attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182 to which the provisions of NRS 293.2045 apply.
9.
Any person who knowingly and willfully files a declaration of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.
Sec.
6.7.
NRS 293.200 is hereby amended to read as follows:
293.200 1.
An independent candidate for partisan office must file with the appropriate filing officer as set forth in NRS 293.185:
(a) A copy of the petition of candidacy that he or she intends to subsequently circulate for signatures.
The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 10 working days before the last day to file the petition pursuant to subsection 4.
The copy of the petition must be filed with the appropriate filing officer before the petition may be circulated for signatures.
(b) Either of the following:
(1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in:
(I) This State for that office at the last preceding general election in which a person was elected to that office, if the office is a statewide office;
(II) The county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office;
or (III) The district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.
(2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.
- *AB126_R1* – 13 – 2.
The petition may consist of more than one document.
Each document must bear the name of the county in which it was circulated, and only registered voters of that county may sign the document.
If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document.
The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 10 working days before the last day to file the petition pursuant to subsection 4.
Each person who signs the petition shall add to his or her signature the address of the place at which the person actually resides, the date that he or she signs the petition and the name of the county where he or she is registered to vote.
The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his or her knowledge and belief and were signed in his or her presence by persons registered to vote in that county.
3.
The petition of candidacy may state the principle, if any, which the person qualified represents.
4.
Petitions of candidacy must be filed not earlier than the [first] last Monday in [March] February preceding the general election and not later than 5 p.m.
on the third Friday in June.
5.
No petition of candidacy may contain the name of more than one candidate for each office to be filled.
6.
A person may not file as an independent candidate if he or she is proposing to run as the candidate of a political party.
The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
8.
If the sufficiency of the petition of the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m.
on the fourth Friday in June.
Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Friday in June.
9.
Any challenge pursuant to subsection 8 must be filed with:
(a) The First Judicial District Court if the petition of candidacy was filed with the Secretary of State.
(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
10.
The district court in which the challenge is filed shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
11.
An independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay - *AB126_R1* – 14 – the filing fee required by NRS 293.193 not earlier than the [first] last Monday in [March] February of the year in which the election is held and not later than 5 p.m.
on the [second] third Friday after the [first] last Monday in [March.] February.
Sec.
7.
Permanent regulations of the Secretary of State that regulate the conduct of a primary, general, special or district election and are effective on or before the last business day of February immediately preceding a primary, general, special or district election govern the conduct of that election.
Permanent regulations of the Secretary of State that regulate the conduct of a primary, general, special or district election and are effective on or before the last business day of February immediately preceding a primary, election.
Permanent regulations of the Secretary of State that regulate the conduct of a presidential preference primary election and are effective on or before the last business day of September immediately preceding a presidential preference primary election govern the conduct of that election.
Permanent regulations of the Secretary of State thatat regulate the conduct of a presidential preference primary election and are effective on or before the last business day of September immediately preceding a presidential preference primary election govern the conduct of that election.
(a) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;
- 81st Session (2021) – 7 – be distributed to precincts and districts;the number of ballots to (b) The form and placement of instructions to voters;
(b) The form and placement of instructions to voters;
(g) The procedures to be used for the testing, use and auditing of a mechanical voting system which directly records the votes electronically and which creates a paper record when a voter casts a ballot on the system;
(g) The procedures to be used for the testing, use and auditing of a mechanical voting system which directly records the votes electronically and which creates a paper record when a voter casts a bal(h) The acceptable standards for the sending and receiving of applications, forms and ballots, by approved electronic transmission, by the county clerks and the electors, registered voters or other persons who are authorized to use approved electronic transmission pursuant to the provisions of this title;
(h) The acceptable standards for the sending and receiving of applications, forms and ballots, by approved electronic transmission, by the county clerks and the electors, registered voters or other persons who are authorized to use approved electronic transmission pursuant to the provisions of this title;
(i) The forms for applications to preregister and register to vote and any other forms necessary for the administration of this title;
- *AB126_R1* – 15 – (i) The forms for applications to preregister and register to vote and any other forms necessary for the administration of this title;
5.
county and city clerk copies of:ll prepare and distribute to each (a) Laws and regulations concerning elections in this State;
The Secretary of State shall prepare and distribute to each county and city clerk copies of:
(a) Laws and regulations concerning elections in this State;
Sec.
- 81st Session (2021) – 8 – Sec.
If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the county clerk for the establishment of a polling place within the boundaries of the Indian reservation or Indian colony for the day of a primary election , presidential preference primary election or general election.
If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the county clerk for the establishment of a Indian colony for the day of a primary election , presidentialor preference primary election or general election.
Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 2, the county clerk must establish at least one - *AB126_R1* – 16 – polling place within the boundaries of the Indian reservation or Indian colony at a location or locations, as applicable, approved by the Indian tribe for the day of a primary election , presidential preference primary election or general election.
Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 2, the county clerk must establish at least one Indian colony at a location or locations, as applicable, approved by the Indian tribe for the day of a primary election , presidential preference primary election or general election.
If the county clerk establishes one or more polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 3 for the day of a primary election, presidential preference primary election or general election, the county clerk must continue to establish one or more polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for the day of any future primary election, presidential preference primary election or general election unless otherwise requested by the Indian tribe.
If the county clerk establishes one or more polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 3 for the day of a primary election, presidential preference primary election or general election, the county clerk must continue to establish one or more polling places within the boundaries of the Indian reservation or Indian colony at a - 81st Session (2021) – 9 – location or locations approved by the Indian tribe for the day of any future primary election, presidential preference primary election or general election unless otherwise requested by the Indian tribe.
293.287 1.
election or presidential preference primary election shall give hisy or her name and political affiliation, if any, to the election board officer in charge of the roster, and the officer shall immediately announce the name and political affiliation.
A registered voter applying to vote at any primary election or presidential preference primary election shall give his or her name and political affiliation, if any, to the election board officer in charge of the roster, and the officer shall immediately announce the name and political affiliation.
293.302 If a candidate whose name appears on the ballot at a primary election , presidential preference primary election or general election dies after the applicable dates set forth in NRS 293.368 but before the time of the closing of the polls on the day of the election, the county clerk shall post a notice of the candidate’s death at each polling place where the candidate’s name will appear - *AB126_R1* – 17 – on the ballot for the primary election , presidential preference primary election or general election.
293.302 If a candidate whose name appears on the ballot at a primary election , presidential preference primary election or general election dies after the applicable dates set forth in NRS 293.368 but before the time of the closing of the polls on the day of the election, the county clerk shall post a notice of the candidate’s on the ballot for the primary election , presidential preferencear primary election or general election.
Sec.
- 81st Session (2021) – 10 – Sec.
The county clerk shall make reasonable accommodations for the use of the 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.
The county clerk shall make reasonable elderly or disabled, including, without limitation, by providing,s upon request, the absent ballot in 12-point type to a person who is elderly or disabled.
Except as otherwise provided in NRS 293.272, 293.316, 293.3165 and 293.502, a registered voter may request an absent ballot if, before 5 p.m.
Except as otherwise provided in NRS 293.272, 293.316, 293.3165 and 293.502, a registered voter may request an election, the registered voter:
on the 14th calendar day preceding the election, the registered voter:
on the 14th calendar day preceding the (a) Provides sufficient written notice to the county clerk;
(a) Provides sufficient written notice to the county clerk;
and (b) Has identified himself or herself to the satisfaction of the county clerk.
and - *AB126_R1* – 18 – (b) Has identified himself or herself to the satisfaction of the county clerk.
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 another person.
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 - 81st Session (2021) – 11 – category E felony and shall be punished as provided inis guilty of a NRS 193.130.
A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Except as otherwise provided in this section or for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive, upon receipt of the written notice provided by the registered voter pursuant to subsection 1, the county clerk shall:
Except as otherwise provided in this section or for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive, upon receipt of the written notice provided shall:
(a) Issue an absent ballot to the registered voter for each primary election, presidential preference primary election, general election and special election, other than a special city election, that is conducted after the written notice is effective pursuant to subsection 1.
registered voter pursuant to subsection 1, the county clerk (a) Issue an absent ballot to the registered voter for each primary election, presidential preference primary election, general election and special election, other than a special city election, that is conducted after the written notice is effective pursuant to subsection 1.
- *AB126_R1* – 19 – 3.
3.
The county clerk must not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is submitted:
The county clerk must not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is sub(a) The registered voter is designated inactive pursuant to NRS 293.530;
(a) The registered voter is designated inactive pursuant to NRS 293.530;
The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent - 81st Session (2021) – 12 – the provisions of this section.
Sec.
provisions are not inconsistent with Sec.
Except as otherwise provided for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive, whenever the county clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter or chapter 298 of NRS in the manner provided in NRS 293.343 to 293.355, inclusive.
Except as otherwise provided for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive, whenever the county clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter or chapter 298 of NRS in the man3.r pIn a county whose population is 100,000 or more, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:
3.
In a county whose population is 100,000 or more, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:
- *AB126_R1* – 20 – 4.
4.
In a county whose population is less than 100,000, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:
In a county whose population is less than 100,000, whenever a registered voter is entitled to vote in a mailing precinct or an abs(a) May designate one or more polling places 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 of NRS 293.353, on election day;
(a) May designate one or more polling places 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 of NRS 293.353, on election day;
and (b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to 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 - 81st Session (2021) – 13 – for the county clerk to provide at each polling place for early voting a ballot in every form required in the county.
and (b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to 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 for the county clerk to provide at each polling place for early voting a ballot in every form required in the county.
Polling places designated pursuant to subsection 3 or 4 may include, without limitation, polling places located as closely as practicable to the mailing precincts.
Polling places designated pursuant to subsection 3 or 4 may include, without limitation, polling places located as closely as praSec.
Sec.
293.356 If a request is made to vote early by a registered voter in person, the election board shall issue a ballot for early voting to the voter.
in person, the election board shall issue a ballot for early voting to the voter.
- *AB126_R1* – 21 – Sec.
Sec.
3.
- 81st Session (2021) – 14 – polling place for early voting within the boundaries of the Indian reservation or Indian colony:
A request for the establishment of a temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony:
Any proposed location must satisfy the criteria established by the county clerk for the selection of temporary branch polling places pursuant to NRS 293.3561.
Any proposed location must satisfy the criteria established by the county clerk for the selection of temporary branch polling pla4.s pExcept as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 3, the county clerk must establish at least one temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony.
4.
Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 3, the county clerk must establish at least one temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony.
If the county clerk establishes one or more temporary branch polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 4 for early voting, the county clerk must continue to establish one or more temporary branch - *AB126_R1* – 22 – polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for early voting in future elections unless otherwise requested by the Indian tribe.
If the county clerk establishes one or more temporary branch polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 4 for early voting, the county polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for early voting in future elections unless otherwise requested by the Indian tribe.
7.
- 81st Session (2021) – 15 – 7.
The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.
The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by place for early voting, except to the extent necessary to conduct early voting at that location.
(c) A list of each polling place not open during the time prescribed pursuant to NRS 293.273 and an account explaining why each such polling place was not open during the time prescribed pursuant to NRS 293.273.
prescribed pursuant to NRS 293.273 and an account explaining why each such polling place was not open during the time prescribed pursuant to NRS 293.273.
- *AB126_R1* – 23 – (e) A description of each complaint regarding a ballot cast by mail or facsimile filed with the county clerk and the resolution, if any, of the complaint.
(e) A description of each complaint regarding a ballot cast by mail or facsimile filed with the county clerk and the resolution, if any, of the complaint.
(h) The number of provisional ballots cast pursuant to NRS 293.5772 to 293.5887, inclusive.
- 81st Session (2021) – 16 – 293.5772 to 293.5887, inclusive.
2.
ballots cast pursuant to NRS 2.
The Secretary of State shall compile the information and comments collected pursuant to this section into a report and shall submit the report to the Director of the Legislative Counsel Bureau for transmission to the Legislature not sooner than 30 days before and not later than 30 days after the first day of each regular session of the Legislature.
The Secretary of State shall compile the information and comments collected pursuant to this section into a report and shall submit the report to the Director of the Legislative Counsel Bureau for transmission to the Legislature not sooner than 30 days before of the Legislature.30 days after the first day of each regular session 6.
6.
Every citizen of the United States, 18 years of age or over, who has continuously resided in this State and in the county 30 days and in the precinct 10 days next preceding the day of the next succeeding:
Every citizen of the United States, 18 years of age or over, who has continuously resided in this State and in the county days and in the precinct 10 days next preceding the day of the next succeeding:
or [(d)] (e) General city election, and who has registered in the manner provided in this chapter, is entitled to vote at that election.
or [(d)] (e) General city election, and who has registered in the manner provided in this chapter, is ent2.
- *AB126_R1* – 24 – 2.
Sec.
- 81st Session (2021) – 17 – 293.5057 A person who does not maintain a residence in this State may preregister or register to vote for the office of President and Vice President of the United States at the general election if the person files a sworn statement with the county clerk or field registrar of voters that the person is not preregistered or registered to vote in any other state and provides evidence:
21.
NRS 293.5057 is hereby amended to read as follows:
293.5057 A person who does not maintain a residence in this State may preregister or register to vote for the office of President and Vice President of the United States at the general election if the person files a sworn statement with the county clerk or field registrar of voters that the person is not preregistered or registered to vote in any other state and provides evidence:
(a) For a primary election, presidential preference primary election or general election, or a recall or special election that is held on the same day as a primary election, presidential preference primary election or general election, the last day to register to vote:
(a) For a primary election, presidential preference primary election or general election, or a recall or special election that is primary election or general election, the last day to register to vote:
(4) By computer using the system established by the Secretary of State pursuant to NRS 293.671, is the Thursday preceding the primary election, presidential preference primary - *AB126_R1* – 25 – election or general election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.
(4) By computer using the system established by the preceding the primary election, presidential preference primary election or general election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.
2.
- 81st Session (2021) – 18 – 2.
Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, after the deadlines for the close of registration for a primary election, presidential preference primary election 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 election, presidential preference primary election or general election set forth in subsection 1, no person may register to vot3.forExcept for a recall or special election held pursuant to chapter 306 or 350 of NRS:
3.
Except for a recall or special election held pursuant to chapter 306 or 350 of NRS:
A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.
A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours subsection 3 of NRS 293.5035.erk may determine, as set forth in Sec.
Sec.
- *AB126_R1* – 26 – (c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.121 or 295.230, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;
(c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.121 or 295.230, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;
(d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 or 295.121;
- 81st Session (2021) – 19 – (d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293(e) The full text of each proposed constitutional amendment.
and (e) The full text of each proposed constitutional amendment.
Such a system may include, without limitation, electronic mail or electronic access through an Internet website.
Such a system may include, without limitation, electronic mail or electronic access system and a registered voter elects to receive a sample ballot by electronic means, the county clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.
If a county clerk establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the county clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.
Except as otherwise provided in subsection 7, before the period for early voting for any election begins, the county clerk shall distribute to each registered voter in the county by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a - *AB126_R1* – 27 – notice informing the voter of the location of his or her polling place or places.
Except as otherwise provided in subsection 7, before the period for early voting for any election begins, the county clerk shall distribute to each registered voter in the county by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place or places.
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before distributing the sample ballots;
- 81st Session (2021) – 20 – registered voter in the county not sooner than 10 days beforeeach distributing the sample ballots;
12.
statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place or places and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter.
The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place or places and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter.
In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for - 81st Session (2021) – 21 – include in the sample ballot a statement indicating:y clerk shall (a) The addresses of such centralized voting locations;
In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for - *AB126_R1* – 28 – use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:
(a) The addresses of such centralized voting locations;
293.567 After the close of registration for each primary election but not later than the Friday preceding the primary election, after the close of registration for each presidential preference primary election but not later than the Friday preceding the presidential preference primary election and after the close of registration for each general election but not later than the Friday preceding the general election, the county clerk shall ascertain by precinct and district the number of registered voters in the county and their political affiliation, if any, and shall transmit that information to the Secretary of State.
293.567 After the close of registration for each primary election but not later than the Friday preceding the primary election, after the close of registration for each presidential preference primary election but not later than the Friday preceding the registration for each general election but not later than the Friday preceding the general election, the county clerk shall ascertain by precinct and district the number of registered voters in the county and their political affiliation, if any, and shall transmit that information to the Secretary of State.
(a) Of the qualifications to vote in this State, as provided by NRS 293.485;
(a) Of the qualifications to vote in this State, as provided by NRS(b) That, unless the person affirmatively declines in writing to apply to register to vote or have his or her voter registration information updated, as applicable:
(b) That, unless the person affirmatively declines in writing to apply to register to vote or have his or her voter registration information updated, as applicable:
and (2) The Department will transmit to the county clerk of the county in which the person resides all information required to - *AB126_R1* – 29 – register the person to vote pursuant to this chapter or to update the voter registration information of the person for the purpose of correcting the statewide voter registration list pursuant to NRS 293.530;
and - 81st Session (2021) – 22 – (2) The Department will transmit to the county clerk of the county in which the person resides all information required to register the person to vote pursuant to this chapter or to update the voter registration information of the person for the purpose of NRS 293.530;he statewide voter registration list pursuant to (c) That:
(c) That:
4.
The Department:
293.8811 “Affected election” or “election” means a primary election, primary city election, presidential preference primary election, general election, general city election or special election which, in accordance with the provisions of NRS 293.8821, is deemed to be an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.
293.8811 “Affected election” or “election” means a primary election, primary city election, presidential preference primary election, general election, general city election or special election - 81st Session (2021) – 23 – deemed to be an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.
- *AB126_R1* – 30 – Sec.
Sec.
(c) A primary city election:
(c) (1) Held on the date of the primary election set forth in NRS 293.175, if on the March 1 preceding the primary city election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
(1) Held on the date of the primary election set forth in NRS 293.175, if on the March 1 preceding the primary city election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
(1) Held on the date of the 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.
(1) Held on the date of the 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 (2) Held on a date other than the date of the general election set forth in NRS 293.12755, if on the date that is 90 days preceding the date of the general city election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
(2) Held on a date other than the date of the general election set forth in NRS 293.12755, if on the date that is 90 days preceding the date of the general city election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
or (2) The special election is held on the same day as a primary election, primary city election, general election or general city election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.
or - 81st Session (2021) – 24 – election, primary city election, general election or general cityry election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.
If a state of emergency or declaration of disaster is proclaimed by the Governor or by resolution of the Legislature - *AB126_R1* – 31 – 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 NRS 293.8801 to 293.8887, inclusive, 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 NRS 293.8801 to 293.8887, inclusive, if the Governor finds that:
3.
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 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 NRS 293.8801 to 293.8887, inclusive, 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 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 NRS 293.8801 to 293.8887, inclusive, if the Governor finds that:
293.8831 1.
any affected election is:otherwise provided in this section, if (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.
Except as otherwise provided in this section, if any affected election is:
(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.
(c) 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.
(c) A primary city election or general city election, the provisions of NRS 293C.355 to 293C.361, inclusive, governing - 81st Session (2021) – 25 – 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.
If the affected election is a primary election , presidential preference primary election or general election, the county clerk must establish:
If the affected election is a primary election , presidential must establish:ary election or general election, the county clerk (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.
(a) In a county whose population is 700,000 or more, at least 35 polling places for early voting by personal appearance, which may - *AB126_R1* – 32 – be any combination of temporary or permanent polling places for early voting.
(1) For a primary election, not later than the April 1 preceding the primary election;
(1) For a primary election, not later than the April 1 precedi(2) For a presidential preference primary election, not later than the December 1 preceding the presidential preference primary election;
[or] (2) For a presidential preference primary election, not later than the December 1 preceding the presidential preference primary election;
(a) The Indian tribe submits a request to the city clerk for the establishment of such a temporary polling place for early voting;
- 81st Session (2021) – 26 – establishment of such a temporary polling place for early voting;he and (b) The request described in paragraph (a) is submitted to the city clerk:
and (b) The request described in paragraph (a) is submitted to the city clerk:
- *AB126_R1* – 33 – (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.
(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.
(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.
(II) Held on a date other than the date of the general the date of the general city election.ot later than 45 days before Sec.
Sec.
Sec.
31.
NRS 293.8837 is hereby amended to read as follows:
and (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.
and - 81st Session (2021) – 27 – 293.5887, inclusive, and vote in person on the day of the election in his or her election precinct.
and - *AB126_R1* – 34 – (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.
and (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 NRS 293.8834, the city clerk must establish polling places for the election precincts in the city for the day of the election where:
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 NRS 293.8834, the city clerk must establish polling places for the election precincts in the city for the day of the ele(a) A voter may vote in person on the day of the election in his or her election precinct;
(a) A voter may vote in person on the day of the election in his or her election precinct;
2.
The request for the establishment of:
(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.
- 81st Session (2021) – 28 – NRS 293.175, not later than the April 1 preceding the primary cityn election.
- *AB126_R1* – 35 – Sec.
Sec.
Before any election where a mechanical voting system is to be used, the county clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast.
Before any election where a mechanical voting system is to be used, the county clerk shall prepare or cause to be prepared a computer program on cards, tape or other material employed for counting the votes cast.
(d) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election [,] or presidential preference primary election, identifying the major political party of the voter.
(d) The computer or counting device must halt or indicate by identifying the precinct in which it was voted and, in a primary election [,] or presidential preference primary election, identifying the major political party of the voter.
Sec.
- 81st Session (2021) – 29 – 293B.190 When used in primary elections [,] or presidential preference primary elections, the list of offices and candidates and the statements of measures to be voted on for each mechanical recording device, except those devices intended solely for nonpartisan voters, must be so arranged that it contains a page or pages setting forth the ballot of one major political party only .
34.
NRS 293B.190 is hereby amended to read as follows:
293B.190 When used in primary elections [,] or presidential preference primary elections, the list of offices and candidates and the statements of measures to be voted on for each mechanical recording device, except those devices intended solely for nonpartisan voters, must be so arranged that it contains a page or pages setting forth the ballot of one major political party only.
In a primary election [,] or presidential preference primary election, a member of the election board for a - *AB126_R1* – 36 – precinct shall issue each partisan voter a ballot which contains a distinctive code associated with the major political party of the voter and on which is clearly printed the name of the party.
In a primary election [,] or presidential preference primary election, a member of the election board for a precinct shall issue each partisan voter a ballot which contains a distinctive code associated with the major political party of the voter and2.n wIf a mechanical voting system is used in a primary election or presidential preference primary election whereby votes are directly recorded electronically, a member of the election board shall, if the clerk uses voting receipts, in addition to the ballot described in subsection 1, issue each partisan voter a voting receipt on which is clearly printed the name of the major political party of the voter.
2.
If a mechanical voting system is used in a primary election or presidential preference primary election whereby votes are directly recorded electronically, a member of the election board shall, if the clerk uses voting receipts, in addition to the ballot described in subsection 1, issue each partisan voter a voting receipt on which is clearly printed the name of the major political party of the voter.
Sec.
Secs.
35.3.
35.3 and 35.6.
NRS 293C.145 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
293C.145 1.
A general city election must be held in each city of population category three on the first Tuesday after the first Monday in November of the first even-numbered year after incorporation, and at each successive interval of 2 years.
2.
There must be one mayor and three or five council members, as the city council shall provide by ordinance, for each city of population category three.
The terms of office of the mayor and the council members are 4 years, which terms must be staggered.
The mayor and council members elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years.
If a city council thereafter increases the number of council members, it shall, by lot, stagger the initial terms of the additional members.
3.
A candidate for an office to be voted for at the general city election must file a declaration of candidacy with the city clerk not earlier than [:
(a) For the office of judge of a municipal court, the first] the last Monday in [January] February of the year in which the applicable election is to be held and not later than 5 p.m.
on the [second] third Friday after the [first] last Monday in [January.
(b) For any other office, the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m.
on the second Friday after the first Monday in March.] February.
4.
At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate, and the candidate must pay to the city clerk, a filing fee in an amount fixed by the city council by ordinance or resolution.
- *AB126_R1* – 37 – 5.
Candidates for mayor must be voted upon by the electors of the city at large.
Candidates for the city council must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.
Sec.
35.6.
NRS 293C.175 is hereby amended to read as follows:
293C.175 1.
A primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the second Tuesday in June of each even-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general city election.
2.
A candidate for an office to be voted for at the primary or general city election must file a declaration of candidacy with the city clerk not earlier than [:
(a) For the office of judge of a municipal court, the first] the last Monday in [January] February of the year in which the applicable election is to be held and not later than 5 p.m.
on the [second] third Friday after the [first] last Monday in [January.
(b) For any other office, the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m.
on the second Friday after the first Monday in March.] February.
3.
At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate, and the candidate must pay to the city clerk, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution.
The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.
4.
All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.
5.
If, in a primary city election held in a city of population category one or two, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election.
If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.
- *AB126_R1* – 38 – Sec.
the words and terms defined in sections 38 to 41, inclusive, of this act have the meanings ascribed to them in those sections.
37.
As used in sections 37 to 50, inclusive, of this act, the words and terms defined in sections 38 to 41, inclusive, of this act have the meanings ascribed to them in those sections.
Sec.
Sec.
- 81st Session (2021) – 30 – Sec.
Sec.
NRS apply to a presidential preference primary election to the extent that such provisions do not conflict with this chapter.
42.
1.
The provisions of chapters 293 and 293B of NRS apply to a presidential preference primary election to the extent that such provisions do not conflict with this chapter.
on October 15 of the year immediately preceding the presidential preference primary election, file with the Secretary of State a declaration of candidacy in the form prescribed by the Secretary of State.
on October 15 of the year election, file with the Secretary of State a declaration of candidacy in the form prescribed by the Secretary of State.
The Secretary of State shall forward to each county clerk the name, party affiliation and mailing address of - *AB126_R1* – 39 – each qualified candidate whose name must appear on the ballot for the presidential preference primary election.
The Secretary of State shall forward to each county clerk the name, party affiliation and mailing address of each qualified candidate whose name must appear on the ballot for the presidential preference primary election.
(b) The major political parties that have qualified candidates who will be on the ballot at the presidential preference primary election;
- 81st Session (2021) – 31 – (b) The major political parties that have qualified candidates who will be on the ballot at the presidential preference primary election;
(c) The location of the polling places in the county, including, without limitation, polling places for early voting by personal appearance;
(c) The location of the polling places in the county, including, appearance;
and (d) The hours during which the polling places in the county will be open for voting during the period for early voting and the day of the presidential preference primary election.
andion, polling places for early voting by personal (d) The hours during which the polling places in the county will be open for voting during the period for early voting and the day of the presidential preference primary election.
(a) Distribute sample ballots for the presidential preference primary election;
(a) Distribute sample ballots for the presidential preference pri(b) Establish polling places for early voting by personal appearance;
(b) Establish polling places for early voting by personal appearance;
and - *AB126_R1* – 40 – (d) Establish polling places for the day of the presidential preference primary election.
and (d) Establish polling places for the day of the presidential preference primary election.
2.
- 81st Session (2021) – 32 – 2.
The period for early voting for a presidential preference primary election begins 10 calendar days before the date of the presidential preference primary election and extends through the Friday before the day of the presidential preference primary election.
The period for early voting for a presidential preference primary election begins 10 calendar days before the date of the presidential preference primary election and extends through the Friday before the day of the presidential preference primary ele3.ioThe county clerk may:
3.
The county clerk may:
Sec.
the returns of a presidential preference primary election pursuant to NRS 293.387, the Secretary of State shall compile the returns for each qualified candidate of the major political party whose name appears on the ballot for the major political party.
50.
1.
Immediately after each county has canvassed the returns of a presidential preference primary election pursuant to NRS 293.387, the Secretary of State shall compile the returns for each qualified candidate of the major political party whose name appears on the ballot for the major political party.
The Secretary of State shall make out and file in his or her office an abstract of the returns and shall certify the number of votes received by each qualified candidate of the major political - *AB126_R1* – 41 – party to the party’s state central committee and the national committee of the major political party.
The Secretary of State shall make out and file in his or her office an abstract of the returns and shall certify the number of votes received by each qualified candidate of the major political party to the party’s state central committee and the national committee of the major political party.
(a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.025, 176.485, 179.310, 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235 [;] and section 49 of this act;
- 81st Session (2021) – 33 – pursuant to NRS 41.03435, 41.0347, 62I.025, 176.485, 179.310,te 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235 [;] and section 49 of this act;
(c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims;
(c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the claims;n the Fund for Insurance Premiums is insufficient to pay the (d) The payment of claims which are obligations of the State pursuant to NRS 41.950;
(d) The payment of claims which are obligations of the State pursuant to NRS 41.950;
For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board or the person designated by the Clerk.
For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to Sec.
Sec.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
The provisions of subsection 1 of NRS 218D.380 dork.
- *AB126_R1* – 42 – Sec.
not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec.
(a) Upon passage and approval for the purpose of adopting any tasks that are necessary to carry out the provisions of this act;
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
and (b) On January 1, 2022, for all other purposes.
and - 81st Session (2021) – 34 – (b) On January 1, 2022, for all other purposes.
H - *AB126_R1*
~~~~~ 21 - 81st Session (2021)
View plain text versions (4)

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Chapter 556.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed. Title approved. (Yeas: 15, Nays: 6.) To Assembly. In Assembly. To enrollment.

  5. Taken from General File. Placed on General File for next legislative day.

  6. From committee: Do pass. Placed on Second Reading File. Read second time.

  7. From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.

  8. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 784.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 30, Nays: 11, Excused: 1.) To printer.

  9. From printer. To engrossment. Engrossed. First reprint. To committee.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 278.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  11. Notice of eligibility for exemption.

  12. From printer. To committee.

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 0 co-sponsors · 64 not signed on

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

Show all 64 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 126?
AB 126 is sponsored by Miller, Brittney M. (Democratic), Teresa Benitez-Thompson, and Jason Frierson.
What is the current status of AB 126?
This bill has been enacted into law. Introduced February 15, 2021. Enacted.
Where can I track AB 126?
Track AB 126 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 126

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of AB 126

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →