Nevada 2021 Regular Session Status: Enacted 1 D cosponsors

SB 292 — Revises provisions relating to elections. (BDR 24-999)

Last action — Approved by the Governor. Chapter 331.

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

This bill has been enacted into law. Introduced March 22, 2021. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

577 added · 534 removed

577 line(s) added, 534 removed.

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(Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT S.B.
Senate Bill No.
292 S ENATE B ILL NO .
292–Senator Lange CHAPTER..........
292–SENATOR LANGE M ARCH 22, 2021 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections.
(BDR 24-999) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring a ballot in the general election to have an option to vote a straight ticket for partisan races;
Existing law requires a mechanical voting system to permit a voter to vote for for the candidates of one or more other parties.
Existing law establishes certain requirements for a minor political party to the Secretary of State not later than the third Friday in June preceding the generalth election which is signed by a number of registered voters equal to at least 1 percent of the number of voters who cast votes at the last preceding general election for the offices of Representative in Congress.
(NRS 293B.080) Section 1 of this part bill requires a ballot used for the general election to permit a voter to vote for all the candidates of one political party on the ballot in partisan races by marking the name of the political party at the top of the ballot, which must be available for every major political party and minor political party.
Section 1 also provides that if a voter selects the straight ticket option on the ballot and also votes for an individual party that was selected in the straight ticket option in a partisan race, the vote for the individual candidate must prevail over the straight ticket option if the votes conflict.
Section 4 of this bill requires a voter education program provided by a county to include information concerning straight ticket voting.
Section 5 of this bill makes conforming changes relating to the requirements for straight ticket and split ticExisting law establishes certain requirements for a minor political party to qualify as a minor political party in this State, which include filing a petition with - *SB292_R1* – 2 – election which is signed by a number of registered voters equal to at least 1 percent of the number of voters who cast votes at the last preceding general election for the offices of Representative in Congress.
Under existing law, a vacancy in the office of Legislator is filled by appointment by the board of county commissioners of the county in which the legislative district of the former Legislator is located or, if the legislative district of the former Legislator comprises more than one county, the boards of county commissioners of each county within or partly within the legislative district of the former Legislator.
Under existing law, a vacancy in the office of Legislator is filled by appointment by the board of county commissioners of the county in which the legislative district of the former Legislator is located or, if the legislative district of the former Legislator comprises more than one county, the boards of county commissioners of each county within or partly within the legislative district of the - 81st Session (2021) – 2 – former Legislator.
NRS 218A.260, 218A.262) Existing law requires the board or boards of county commissioners, as applicable, to establish an to fill the vacancy.
NRS 218A.260, 218A.262) Existing law requires the board or boards of county commissioners, as applicable, to establish an application process by which persons may file applications with the board or boards to fill the vacancy.
(1) require the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the former Legislator to submit to the board or boards of county commissioners, as applicable, a list of qualified nominees to fill the vacancy;
(1) require the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the former Legislator to submit to the board or boards of county commissioners, as applicable, a list of qualified boards of county commissioners to fill the vacancy by appointing a person from theor list of qualified nominees.
and (2) require, with certain exceptions, the board or boards of county commissioners to fill the vacancy by appointing a person from the list of qualified nominees.
The board or boards of county commissioners may vote to reject all of the qualified nominees on the list and request the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the former Legislator to submit to the board or boards of county commissioners, as applicable, a new list of qualified nominees to fill the vacancy.
The board or boards of county commissioners may vote to reject all of the qualified nominees on the list and request the Majority or Minority Leader of the House of which the former Legislator was a member who is of county commissioners, as applicable, a new list of qualified nominees to fill thes vacancy.
In such a circumstance, the board or boards of county commissioners must appoint a qualified nominee to fill the legislative vacancy from the second list of qIf the former Legislator is not of the same political party as the Majority or Minority Leader of the House of which the former Legislator was a member, sections 11 and 12 require the board or boards of county commissioners, as applicable, to establish an application process by which persons may file applications with the board or boards to fill the vacancy.
In such a circumstance, the board or boards of county commissioners must appoint a qualified nominee to fill the legislative vacancy from the second list of qualified nominees submitted by the applicable Majority or Minority Leader.
- *SB292_R1* – 3 – If the former Legislator is not of the same political party as the Majority or Minority Leader of the House of which the former Legislator was a member, sections 11 and 12 require the board or boards of county commissioners, as applications with the board or boards to fill the vacancy.
Existing law sets forth various requirements for the internal organization and procedures of major political parties, including requirements for the election of conventions and provisions governing state and central committees.
procedures of major political parties, including requirements for the election ofd delegates to county and state conventions, the manner of organization of county conventions and provisions governing state and central committees.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
(Deleted by amendment.) Sec.
1.
Ballots for the general election must permit the voter to vote a straight ticket for all the candidates of one political party in partisan races on the ballot by marking the name of the political party at the top of the ballot.
If a voter marks the name of a political party at the top of the ballot and also marks the name of a candidate who is a member of a political party that is different from the political party that was selected in the straight ticket option on the ballot in a partisan race, the vote for the candidate must prevail if the votes conflict.
3.
For the purposes of subsection 1, the ballot must include a straight ticket option for every major political party and minor political party.
Sec.
2.
(a) At the last preceding general election, the minor political party must have polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;
- 81st Session (2021) – 3 – party must have polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;
- *SB292_R1* – 4 – (b) On January 1 preceding a primary election, the minor political party must have been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in this State;
(b) On January 1 preceding a primary election, the minor political party must have been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in this State;
The name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general election.
The name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general ele4.ionA minor political party must file a copy of the petition required by paragraph (c) of subsection 2 with the Secretary of State before the petition may be circulated for signatures.
4.
A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 with the Secretary of State before the petition may be circulated for signatures.
on the [fourth Friday] second Monday in June.
on the [fourth Friday] second challenge must be set for hearing not more than 5 days after the [fourth Friday] second Monday in June.
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Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the [fourth Friday] second Monday in June.
Sec.
Secs.
4.
4 and 5.
NRS 293.2693 is hereby amended to read as follows:
(Deleted by amendment.) - 81st Session (2021) – 4 – Sec.
293.2693 If a county or city uses paper ballots, including, without limitation, for absent ballots and ballots voted in a mailing precinct, the county or city clerk shall provide a voter education program specific to the voting system used by the county or city.
The voter education program must include, without limitation, information concerning straight ticket voting pursuant to section 1 of this act, if applicable, the effect of overvoting and the procedures - *SB292_R1* – 5 – for correcting a vote on a ballot before it is cast and counted and for obtaining a replacement ballot.
Sec.
5.
NRS 293B.080 is hereby amended to read as follows:
293B.080 A mechanical voting system must, except at primary elections, permit the voter to vote for all the candidates of one party in accordance with section 1 of this act or in part for the candidates of one party and in part for the candidates of one or more other parties.
Sec.
304.030 In case of a vacancy in the office of United States Senator caused by death, resignation or otherwise, the Governor may appoint some qualified person to fill the vacancy, who is a member of the same political party as the former Senator for at least 90 days immediately preceding the creation of the vacancy and who shall hold office until the next general election and until his or her successor shall be elected and seated.
304.030 In case of a vacancy in the office of United States Senator caused by death, resignation or otherwise, the Governor may appoint some qualified person to fill the vacancy, who is a least 90 days immediately preceding the creation of the vacancy and who shall hold office until the next general election and until his or her successor shall be elected and seated.
[Except as otherwise provided in subsection 2, the] The special primary election must be held not less than 60 days before the date of the special general election.
[Except as otherwise provided in subsection 2, the] The special primary election must be held not less than 60 days bef3.e A special primary election and a special general election must be conducted:
3.
A special primary election and a special general election must be conducted:
[If the vacancy is caused by a catastrophe, the - *SB292_R1* – 6 – election must be conducted not more than 90 days after the issuance of the proclamation.
[If the vacancy is caused by a catastrophe, the election must be conducted not more than 90 days after the issuance of the proclamation.
A special primary election or special general election required pursuant to subsection 1 may be consolidated with a statewide election or local election scheduled to be conducted within 90 days after the issuance of the proclamation.
A special primary election or special general election required pursuant to subsection 1 may be consolidated with a statewide election or local election scheduled to be conducted within days after the issuance of the proclamation.
The special primary election or special general election may be consolidated with a local election occurring wholly or partially within the same territory in which the vacancy exists only if the voters eligible to vote in the local election comprise at least 50 percent of all voters eligible to vote on the vacancy.
The special primary - 81st Session (2021) – 5 – election or special general election may be consolidated with a local election occurring wholly or partially within the same territory in which the vacancy exists only if the voters eligible to vote in the local election comprise at least 50 percent of all voters eligible to general election is not consolidated with a statewide election or local election, the cost of the special primary election or special general election is a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon recommendation by the Secretary of State and approval of the State Board of Examiners.
If a special primary election or a special general election is not consolidated with a statewide election or local election, the cost of the special primary election or special general election is a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon recommendation by the Secretary of State and approval of the State Board of Examiners.
2.
a declaration of candidacy with the appropriate filing officer andling paying the filing fee required by NRS 293.193 within the time prescribed by the Secretary of State pursuant to NRS 293.204.
A candidate of a major political party is nominated [by filing a declaration of candidacy with the appropriate filing officer and paying the filing fee required by NRS 293.193 within the time prescribed by the Secretary of State pursuant to NRS 293.204.
To have his or her name appear on the ballot [,] at the special general election, an independent candidate must file a - *SB292_R1* – 7 – petition of candidacy with the appropriate filing officer not [more than 46 days before the special election and not less than 32 days before] later than the day following the special primary election.
To have his or her name appear on the ballot [,] at the special general election, an independent candidate must file a petition of candidacy with the appropriate filing officer not [more than 46 days before the special election and not less than 32 days before] later than the day following the special primary election.
[6.] 5.
- 81st Session (2021) – 6 – [6.] 5.
(a) The special primary election and special general election must be conducted pursuant to the provisions of chapter 293 of NRS.
(a) The special primary election and special general election must be conducted pursuant to the provisions of chapter 293 of NRS(b) The general election laws of this State apply to the special primary election and the special general election.
(b) The general election laws of this State apply to the special primary election and the special general election.
[If] Except as otherwise provided in subsection 3, if the former Legislator was elected or appointed from a district wholly within one county, the board of county commissioners of the county in which the district is located shall fill the vacancy by appointing a person who meets the qualifications for the office as required by NRS 218A.200, who is nominated or timely files an application to fill the vacancy , as applicable, pursuant to NRS 218A.262 , [and a declaration of eligibility pursuant to NRS 218A.264,] who is a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district for at least 30 days immediately preceding the date on which the person is nominated or the date established pursuant to [subsection 1 of] NRS 218A.262 for the close of filing of applications to fill the vacancy [.] , as applicable.
[If] Except as otherwise provided in subsection 3, if the former Legislator was elected or appointed from a district wholly within one county, the board of county commissioners of the county in which the district is located shall fill the vacancy by appointing a person who meets the qualifications for the office as required by NRS 218A.200, who is nominated or timely files an application to declaration of eligibility pursuant to NRS 218A.264,] who is aand a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district for at least 30 days immediately preceding the date on which the person is nominated or the date established pursuant to [subsection 1 of] NRS 218A.262 for the close of filing of applications to fill the vacancy [.] , as applicable.
Upon - *SB292_R1* – 8 – receipt of the new list of qualified nominees, the board of county commissioners shall fill the vacancy by appointing a qualified nominee from the new list.
Upon receipt of the new list of qualified nominees, the board of county - 81st Session (2021) – 7 – nominee from the new list.he vacancy by appointing a qualified 4.
4.
(a) Each board of county commissioners shall first meet separately .
separately .
(2) The person who receives a plurality of these votes is appointed to fill the vacancy.
appointed to fill the vacancy.
If at the joint meeting held pursuant to paragraph (b) of subsection 4 the choice to reject all of the qualified nominees from the list submitted pursuant to NRS 218A.262 receives a plurality of the votes, the boards of county commissioners must - *SB292_R1* – 9 – request a new list of one or more qualified nominees from the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator.
If at the joint meeting held pursuant to paragraph (b) of subsection 4 the choice to reject all of the qualified nominees from the list submitted pursuant to NRS 218A.262 receives a - 81st Session (2021) – 8 – request a new list of one or more qualified nominees from thest Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator.
(a) Who meets the qualifications for the office as required by NRS 218A.200;
NRS 218A.200;ets the qualifications for the office as required by (b) Who is a member of the same political party as the former Legislator;
(b) Who is a member of the same political party as the former Legislator;
If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or appointed from a district wholly within one county, the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the former Legislator must submit to the board of county commissioners a list of one or more qualified nominees to fill the vacancy.
If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or appointed from a district wholly within one county, the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the commissioners a list of one or more qualified nominees to fill the vacancy.
and (b) A specific date for the close of filing of applications to fill the vacancy.
and - 81st Session (2021) – 9 – the vacancy.cific date for the close of filing of applications to fill 2.
2.
If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or appointed from a district comprising more than one county [:] , the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator must submit to the board of county commissioners of each county within or partly within the district a list of one or more qualified nominees to fill the vacancy.
If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or - *SB292_R1* – 10 – appointed from a district comprising more than one county [:] , the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator must submit to the board of county commissioners of each county within or partly within the district a list of one or more qualified nominees to fill the vacancy.
(b) The board of county commissioners of the county with the largest population in the district shall, after considering any recommendations made by the other boards within a reasonable time after the vacancy, establish a specific date that is the same for all of the boards for the close of filing of applications to fill the vacancy.
(b) The board of county commissioners of the county with the recommendations made by the other boards within a reasonable time after the vacancy, establish a specific date that is the same for all of the boards for the close of filing of applications to fill the vacancy.
(b) Who is a member of the same political party as the former Legislator;
Legislator;
and (c) Who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district of the former Legislator for at least 30 days immediately preceding the date on which the person is nominated by the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator.
and member of the same political party as the former (c) Who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district of the former Legislator for at least 30 days immediately preceding the date on which the person is nominated by the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator.
Sec.
- 81st Session (2021) – 10 – 218A.264 NRS 1.
13.
If a person is nominated pursuant to NRSws:
NRS 218A.264 is hereby amended to read as follows:
218A.260 or 218A.262, or a person files an application with any board of county commissioners to fill a vacancy in the office of a Legislator pursuant to NRS 218A.262, the person must execute and file with [his or her application] the board of county commissioners, a declaration of eligibility that must be in substantially the following form:
218A.264 1.
For the purpose of applying to fill the vacancy in the office of a Legislator in the following legislative district, ................
If a person is nominated pursuant to NRS 218A.260 or 218A.262, or a person files an application with any board of county commissioners to fill a vacancy in the office of a Legislator pursuant to NRS 218A.262, the person must execute and file with [his or her application] the board of county commissioners, a declaration of eligibility that must be in substantially the following form:
- *SB292_R1* – 11 – For the purpose of applying to fill the vacancy in the office of a Legislator in the following legislative district, ................
that, as required by NRS 218A.260, my actual, as opposed to constructive, residence in that legislative district began on a date at least 30 days immediately preceding the date of nomination pursuant to NRS 218A.262 or the date established pursuant to NRS 218A.262 for the close of filing of applications to fill the vacancy [;] , as applicable;
that, as required by NRS 218A.260, my actual, as opposed to constructive, residence in that legislative district date of nomination pursuant to NRS 218A.262 or the datethe established pursuant to NRS 218A.262 for the close of filing of applications to fill the vacancy [;] , as applicable;
that I understand that knowingly and willfully filing a declaration of eligibility which contains a false statement is a crime punishable as a gross misdemeanor;
that I understand that knowingly and willfully filing a declaration of eligibility which contains misdemeanor;
.......................................................................
- 81st Session (2021) – 11 – ....................................
Street Address Street Address .......................................................................
...................................
City or Town City or Town .......................................................................
Street Address Street Address ....................................
State State From.........
...................................
City or Town City or Town State...............................
State...............................
From.........
Dates of Residency Dates of Residency .......................................................................
Dates of Residency Dates of Residency ....................................
Street Address Street Address .......................................................................
...................................
City or Town City or Town - *SB292_R1* – 12 – .......................................................................
Street Address Street Address ....................................
State State 4 From.........
...................................
City or Town City or Town ....................................
...................................
State State From.........
Dates of Residency Dates of Residency (Attach additional sheet or sheets of residences as necessary) 8 .....................................................
Dates of Residency Dates of Residency (Attach additional sheet or sheets of residences as necessary) .....................................................
(Signature of applicant) Subscribed and sworn to before me this ......
(Signature of applicant) this ......
3.
- 81st Session (2021) – 12 – pursuant to this section is ineligible to fill the vacancy of thety former Legislator.
Any person who does not submit a declaration of eligibility pursuant to this section is ineligible to fill the vacancy of the former Legislator.
- *SB292_R1* – 13 – (b) The payment of claims which are obligations of the State pursuant to:
(b) The payment of claims which are obligations of the State pursua(1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property;
(1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property;
and (e) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.
and (e) The payment of claims which are obligations of the State State Engineer when the condition of a dam becomes dangerous tothe the safety of life or property.
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 - 81st Session (2021) – 13 – to the Clerk of the Board or the person designated by the Clerk.efer Sec.
Sec.
- *SB292_R1* – 14 – LEADLINES OF REPEALED SECTIONS 293.130 County conventions:
~~~~~ 21 - 81st Session (2021)
Place;
notice.
293.133 Number of delegates from voting precincts to county convention.
government by state or county central committee.te or local 293.135 Precinct meetings of registered voters before county convention:
Time and place;
notice.
293.137 Election of delegates to county convention;
procedure if precinct fails to elect delegates;
certificates given to elected delegates;
state central committee to adopt written procedural rules.
293.140 County conventions:
Manner of organization;
authorized action of delegates.
293.143 County central committee:
Number;
change in membership.
293.145 Number of delegates to state convention.
293.150 State conventions:
Place and actions;
additional conventions.
293.153 Number of members of state central committee.
293.155 Rules of county and state conventions;
delegate mus293.157alState and county central committees:
Terms of.
office;
termination of membership;
vacancies.
293.160 State and county central committees:
Election of officers and executive committee;
other powers.
293.161 Right of participation as delegate to county or state convention or member of county or state central committee.
293.163 Selection of delegates and alternates to national party convention and members of national committee by state convention in presidential election year.
304.200 Definitions.
304.210 “Catastrophe” defined.
304.220 “Disappearance” defined.
H - *SB292_R1*
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 331.

  2. Enrolled and delivered to Governor.

  3. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 857.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 26, Nays: 16.) To printer. From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Assembly Amendment No. 857 concurred in. To enrollment.

  4. In Assembly. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.

  5. Read third time. Passed, as amended. Title approved. (Yeas: 12, Nays: 9.) To Assembly.

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

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

  8. From committee: Do pass, as amended.

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

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 230.) Taken from General File. Re-referred to Committee on Finance. 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

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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.

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Subjects

elections
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Frequently asked questions

Who sponsors SB 292?
SB 292 is sponsored by Lange, Roberta (Democratic).
What is the current status of SB 292?
This bill has been enacted into law. Introduced March 22, 2021. Enacted.
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