SB 263 — Revises provisions relating to elections. (BDR 24-896)

(a) Pursuant to NRS 293.506, a county clerk establishes a system to allow persons to register to vote by computer;

(b) A person registers to vote using the system established by the Secretary of State pursuant to NRS 293.671;

(c) A person registers to vote pursuant to chapter 293D of NRS [293D.230] and signs his or her application to register to vote using a digital signature or an electronic signature;

or (d) A person registers to vote pursuant to NRS 293.5742,  the county clerk may rely on such other indicia as prescribed by the Secretary of State in making his or her determination.

7.

In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, when the county clerk is determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

8.

Except as otherwise provided in subsection 10, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of the examination, including the tally of signatures by petition district, if required, and transmit the documents with the certificate to the Secretary of State.

In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, if a petition district comprises more than one county, the appropriate county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the certificate.

A copy of this certificate must be filed in the clerk’s office.

When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or pursuant to NRS 306.015 for a petition to recall a public officer who holds a statewide office, if applicable.

9.

A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures.

A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

10.

For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200, 306.035 or 306.110 for any county, district or municipal office within one - *SB263_R1* – 5 – county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

11.

The Secretary of State shall by regulation establish further procedures for carrying out the provisions of this section.

Sec.

1.5.

(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.madeelection. before (f)] At the request of the person.

(f)] At the request of the person.

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If the registration of an elector is cancelled pursuant to paragraph (b) of subsection 2 of NRS 293.540, the - *SB263* – 3 – 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.

2.2.

NRS 293.560 is hereby amended to read as follows:

293.560 1.

Except as otherwise provided in NRS 293.502, 293.5772 to 293.5887, inclusive, [293D.230 and 293D.300:] and chapter 293D of NRS:

(a) For a primary or general election, or a recall or special election that is held on the same day as a primary or general election, the last day to register to vote:

(1) By mail is the fourth Tuesday preceding the primary or general election.

(2) By appearing in person at 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.

(3) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the primary 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 Secretary of State pursuant to NRS 293.671, is the Thursday preceding the primary or general election, unless the system is used - *SB263_R1* – 7 – to register voters for the election pursuant to NRS 293.5842 or 293.5847.

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

2.

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.

Except for a recall or special election held pursuant to chapter 306 or 350 of NRS:

(a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:

(1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed;

and (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.

 If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.

(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.

4.

The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

5.

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.

Sec.

2.4.

NRS 293C.527 is hereby amended to read as follows:

293C.527 1.

Except as otherwise provided in NRS 293.502, 293.5772 to 293.5887, inclusive, [293D.230 and 293D.300:] and chapter 293D of NRS:

(a) For a primary city election or general city election, or a recall or special city election that is held on the same day as a primary city election or general city election, the last day to register to vote:

(1) By mail is the fourth Tuesday preceding the primary city election or general city election.

(2) By appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520, is - *SB263_R1* – 8 – the fourth Tuesday preceding the primary city election or general city election.

(3) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the primary city election or general city 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 Secretary of State pursuant to NRS 293.671, is the Thursday preceding the primary city election or general city election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.

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

2.

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

3.

Except for a recall or special city election held pursuant to chapter 306 or 350 of NRS:

(a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating:

(1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed;

and (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.

 If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

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

4.

A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.

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2.6.

Chapter 293D of NRS is hereby amended by adding thereto a new section to read as follows:

1.

A covered voter who is not registered to vote in this State may use the electronic equivalent of the federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.

§ 20301(b)(2), created using the system of approved electronic transmission described in subsection 2 of NRS 293D.200 to apply to simultaneously register to vote and submit a military-overseas ballot.

2.

The electronic equivalent of the federal postcard application and the military-overseas ballot must be sent by the covered voter:

(a) By mail, postmarked on or before the day of the election and received by the appropriate elections official by the deadline for receiving absent ballots set forth in paragraph (b) of subsection 1 of NRS 293.317;

or (b) By electronic mail or facsimile machine and received by the appropriate local elections official before the time set for the closing of polls pursuant to NRS 293.273.

3.

If the electronic equivalent of the federal postcard is received after the applicable deadline set forth in subsection 2, it must be treated as an application to register to vote for subsequent elections.

Sec.

2.8.

NRS 293D.050 is hereby amended to read as follows:

293D.050 “Military-overseas ballot” means:

1.

A federal write-in absentee ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.

§ 20303;

2.

A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter;

or 3.

Any other ballot cast by a covered voter in accordance with this chapter [.] where the covered voter has indicated his or her voting choices.

Sec.

3.

In[In addition to any other method of registering to vote set forth in chapter 293 of NRS, aa] A covered voter may use a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.

§ 20301(b)(2), or[or the application’s electronic equivalentequivalent,] [,]to createdsimultaneously usingapply theto systemregister ofto approvedvote electronic[,] transmissionand describedrequest ina subsectionmilitary- 2overseas ofballot NRS 293D.200, to apply to register to vote, if the federal postcard application oris received by the application’sappropriate electroniclocal equivalentelections isofficial [received]by sent,the asseventh applicable:day before the election.

(a)If By mail, postmarked on or before the dayfederal ofpostcard theapplication electionis and received byafter the appropriate- local*SB263_R1* elections– official10 by– theseventh [seventh day before the election.]election, deadlineit formust receivingbe absenttreated ballotsas setan forthapplication into paragraphregister (b)to ofvote subsectionfor 1subsequent ofelections. NRS 293.317;

or2. (b) Through the system of approved electronic transmission described in subsection 2 of NRS 293D.200 and received by the appropriate local elections official before the time set for the closing of polls pursuant to NRS 293.273.

 If the federal postcard application or the application’s electronic equivalent is received after the [seventh day before the election,] applicable deadline set forth in this subsection, it must be treated as an application to register to vote for subsequent elections.

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or (b) ThroughBy the system of approved electronic transmissionmail describedor infacsimile subsectionmachine 2 of NRS 293D.200 and received by the appropriate local elections official before the time set for the closing of polls pursuant to NRS 293.273.

§ 20301(b)(2), or the application’s electronic equivalent [,] created using the system of approved electronic transmission described in subsection 2 of NRS 293D.200, if the federal postcard application or the application’s electronic equivalent is [received]received sent,by asthe applicable:appropriate local elections official by the seventh day before the election.

(a)[2. By mail, postmarked on or before the day of the election and received by the appropriate local elections official by the [seventh day before the election.] deadline for receiving absent ballots set forth in paragraph (b) of subsection 1 of NRS 293.317;

orA (b)covered Throughvoter who is not registered to vote in this State may use the systemfederal ofpostcard approvedapplication or the application’s electronic transmissionequivalent describedsimultaneously into subsectionapply 2to ofregister to vote pursuant to NRS 293D.200293D.230 and to apply for a military-overseas ballot, if the federal postcard application is received by the - *SB263**SB263_R1* – 511 – appropriate local elections official by the seventh day before the timeelection.] setIf forthe federal postcard application is received after the closingseventh ofday pollsbefore pursuantthe election, it must be treated as an application [to register to NRSvote] 293.273.for a military-overseas ballot for subsequent elections.

2.

A covered voter who is not registered to vote in this State may use the federal postcard application or the application’s electronic equivalent simultaneously to apply to register to vote pursuant to NRS 293D.230 and to apply for a military-overseas ballot, if the federal postcard application or the application’s electronic equivalent is [received] sent, as applicable:

(a) By mail, postmarked on or before the day of the election and received by the appropriate local elections official by the [seventh day before the election.] deadline for receiving absent ballots set forth in paragraph (b) of subsection 1 of NRS 293.317;

or (b) Through the system of approved electronic transmission described in subsection 2 of NRS 293D.200 and received by the appropriate local elections official before the time set for the closing of polls pursuant to NRS 293.273.

 If the federal postcard application or the application’s electronic equivalent is received after the [seventh day before the election,] applicable deadline set forth in this subsection, it must be treated as an application to register to vote for subsequent elections.

or - *SB263* – 6 – (b) ThroughBy the system of approved electronic transmissionmail describedor infacsimile subsectionmachine 2 of NRS 293D.200 and received by the appropriate local elections official before the time set for the closing of polls pursuant to NRS 293.273.

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An application for a military-overseas ballot is timely if sent:received by the [seventh day before the election.] deadlines set forth in NRS 293D.230, 293D.300 or section 2.6 of this act, as applicable.

(a) By mail, postmarked on or before the day of the election and received by the [seventh day before the election.] appropriate local elections official by the deadline for receiving absent ballots set forth in paragraph (b) of subsection 1 of NRS 293.317;

or (b) Through the system of approved electronic transmission described in subsection 2 of NRS 293D.200 and received by the appropriate local elections official before the time set for the closing of polls pursuant to NRS 293.273.

5.5.

NRS 293D.400 is hereby amended to read as follows:

293D.400 [A] Except as otherwise provided in NRS 293D.230 and1.93By mail, must be postmarked on or before the day of the election and received by the appropriate local elections official by the deadline for receiving absent ballots set forth in paragraph (b) of subsection 1 of NRS 293.317;

and 2.

By electronic mail or facsimile, must be received by the appropriate elections official by not later than the [close] time set for the closing of the polls [.] pursuant to NRS 293.373.

Sec.

Sections 1 to 5,5.5, inclusive, of this act become effective:

H - *SB263**SB263_R1*