Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB422 277 Amendment No.
422–Committee277 onAssembly LegislativeAmendment Operationsto andAssembly ElectionsBill CHAPTER..........No.
422 (BDR 24-1040) Proposed by:
Assembly Committee on Legislative Operations and Elections Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the unfunded mandate not requested by the affected local government to A.B.
422 (§ 32).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
ERS/HAC - Date:
4/14/2021 A.B.
No.
422—Makes various changes relating to elections.
(BDR 24-1040) Page 1 of 31 *A_AB422_277* Assembly Amendment No.
277 to Assembly Bill No.
422 Page 3 A SSEMBLY B ILLNO .
422–COMMITTEE ON LEGISLATIVEO PERATIONS AND E LECTIONS M ARCH 25,2021 _______________ Referred to Committee on Legislative Operations and Elections SUMMARY—Makes various changes relating to elections.
(BDR 24-1040) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 32) (NOT REQUESTED BYA FFECTEDLOCAL G OVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising provisions governing risk-limiting audits of elections;
(NRS 293.675) Section 32 of this bill requires the Secretary of State to establish and maintain a centralized, top-down database that collects and stores information relating to voter thepreregistration county clerks to use the database to collect and maintainregistration from all informationcounties. related to voter preregistration and registration;
Section 32 further requires:
(1) the county clerks to use the database to collect and maintain all information related to voter preregistration and registration;
Section 39.5 of this bill requires the Secretary of State to, beginning on January 1, 2022, and ending on January 1, 2024, submit a semi-annual report to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee detailing the progress made by the Secretary of State in implementing the provisions of this billbill. related to the centralized, top-down database.
ExistingAssembly law:Amendment No.
(1)277 requires the Secretary of State to developAssembly aBill pilotNo. program for conducting a risk-limiting audit of the results of the 2020 general election;
and422 (2)Page authorizes4 theTHE SecretaryPEOPLE ofOF StateTHE toSTATE requireOF eachNEVADA, countyREPRESENTED clerkIN toSENATE participateAND inASSEMBLY, theDO election.ENACT AS FOLLOWS:
(Section 86 of chapter 546, Statutes of Nevada 2019, at page 3426)eneral Effective January 1, 2022, existing law requires each county clerk to conduct a risk- limiting audit of the results of an election prior to the certification of the results of the election.
(NRS 293.394) Section 37.3 of this bill delays the effective date of this requirement until January 1, 2024.
Section 37.7 of this bill:
(1) requires the Secretary of State to develop a pilot program for conducting a risk-limiting audit of the results of the 2022 general election;
and (2) authorizes the Secretary of State to limiting audit of the results of the 2022 general election.am and conduct a risk- - 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
After the notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition for initiative or referendum proposing a,a in constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county.
For the purpose of verification pursuant to this section, the county clerk shall not include in his or her tally of total signaturessign2.urExcept anyas signatureotherwise includedprovided in subsections 3 and 4, if more than 500 names have been signed on the incorrectdocuments petitionsubmitted district.to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification.
2.The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample.
Except as otherwise provided in subsections 3 and 4, if more than 500 names have been signed on the documents submitted to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification.
The random sample of signature which has been submitted to the county clerk is given any equal opportunity to be included in the sample.
-(a) 81stExcept Sessionas (2021)otherwise –provided 3in –paragraph (b), at least 500 or 5 percent of the signatures, whichever is greater.
at least 500 (b) If the petition is for the recall of a public officer who holds a statewide office, at least 25 percent of the signatures.
The sample must include an examination of at least 500 or 5 ispercent greater.of the signatures presented in the petition district, Assembly Amendment No.
The277 Secretaryto ofAssembly StateBill shallNo. determine the number ofichever signatures that must be verified by each county clerk within the petition district.
422 Page 5 whichever is greater.
The Secretary of State shall determine the number of signatures that must be verified by each county clerk within the petition district.
In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote.
- 81st Session (2021) – 4 – 6.
(b)] A person registers to vote using the system established by the[(c)]the (b)Secretary Aof personState registers to vote pursuant to NRS 293D.230293.671; and signs his or her application to register to vote using a digital signature or an electronic signature;
[(c)] (b) A person registers to vote pursuant to NRS 293D.230 and signs his or her application to register to vote using a digital signature or an electronic signature;
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 theto clerk’scomplete office.the certificate.
WhenA thecopy countyof clerkthis transmits the certificate toinmust thebe Secretaryfiled ofin State, the countyclerk’s clerkoffice. 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.
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.
A public officerAssembly whoAmendment isNo. the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.
277 to Assembly Bill No.
422 Page 6 officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.
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 -county, 81stthe Sessioncounty (2021)clerk –shall 5not –transmit to the Secretary of State the documents containing the signatures of the registered voters.tatevoters. 11.
11.
Secretary2. of State shall prescribe with respect to the matter to be printed on every kind of ballot:
Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:
The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed allconstitutional sampleamendment ballots.dment or statewide measure must be included on 5.all sample ballots.
5.
The fiscal notes for constitutional amendments and statewide measures proposed by initiative or -referendum 81stmust Sessionbe (2021)prepared –by 6the –Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau.
For a constitutional amendment or statewide measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digestAssembly mustAmendment includeNo. a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue.
277 to Assembly Bill No.
422 Page 7 digest must include a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue.
The names of candidates for township and legislative or tospecial votersdistrict ofoffices thatmust townshipbe orprinted district.d only on the ballots furnished 7.to voters of that township or district.
7.
The written notice is effective for all elections that are conducted after the registered voter provides the written notice to the county clerk, except that the written notice is not effective for the next ensuing election unless the written notice is provided to the county clerk before the time has elapsed for requesting an absent ballot for the election pursuant to subsection 1 of NRS 293.313.
(a) Issue an absent ballot to the registered voter for each primary election, general election and special election, other than a special -city 81stelection, Sessionthat (2021)is –conducted 7 – pursuant to subsection 1.nducted after the written notice is effective (b)pursuant Informto thesubsection applicable1. city clerk of receipt of the written notice provided by the registered voter.
(b) Inform the applicable city clerk of receipt of the written notice provided by the registered voter.
[or] (c) The registered voter has moved to another county and the county clerk of that county has updated the voter’s registration on the(d)the Anstatewide absentvoter ballotregistration islist returnedpursuant to theNRS county293.527; clerk as527;
or (d) An absent ballot is returned to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.
beAssembly aAmendment registeredNo. voter on his or her 18th birthday unless:
be277 deemed to (a)Assembly TheBill person’sNo. preregistration has been cancelled as described in subsection 7;
422 Page 8 2.
If a person preregisters to vote, he or she shall be deemed to be a registered voter on his or her 18th birthday unless:
(a) The person’s preregistration has been cancelled as described in subsection 7;
The county clerk shall issue to a person who is deemed to be registered to vote pursuant to subsection 2 a voter registration card as soon as practicable after the person is deemed to be registered to - 81st Session (2021) – 8 – vote, but the issuance of a voter registration card to the person is not a prerequisite to vote in an election.
On the date that a person who preregisters to vote is deemed to be registered to vote, his or her application to preregister to vote is 5.emeIfdeemed ato personbe preregisteredhis or her application to vote:registerregister to vote.
5.
If a person preregistered to vote:
(a) Must include, without limitation, provisions to ensure that once a person is deemed to be a registered voter pursuant to subsection 2, the person is issued a voter registration card as soon as practicable and is immediately added to the statewide voterdvoter as soon as registration list ;
- 81st Session (2021) – 9 – 2.
The county clerk shall maintain records of any program or activity that is conducted within the county to ensure the accuracy and currency of the [registrar of voters’ register] statewide voter registration list for not less than 2 years after creation.
The records must include the names and addresses of any person to whom aAssembly noticeAmendment isNo. mailed pursuant to NRS 293.5235, 293.530, or 293.535 and whether the person responded to the notice.
277 to Assembly Bill No.
422 Page 9 a notice is mailed pursuant to NRS 293.5235, 293.530, or 293.535 and whether the person responded to the notice.
2.
A system established pursuant to subsection 1 must:
- 81st Session (2021) – 10 – (a) Segregate original applications to register to vote according to the precinct in which the registered voters reside and arrange the applications in each precinct or district in alphabetical order.
The applications for each precinct or district must be kept separately] use the database created by the Secretary of State pursuant to NRS 293.675 to prepare a roster for each precinct or district.
[TheseS[These applications must be used to prepare the rosters.
(a) Segregate the applications electronically transmitted by the Department of Motor Vehicles pursuant to subsection 1 of NRS 293.5747 in a computer file according to the precinct or district in whi(b)which Arrange the applicationsregistered invoters eachreside; precinct or district in alphabetical order.
and Assembly Amendment No.
277 to Assembly Bill No.
422 Page 10 (b) Arrange the applications in each precinct or district in alphabetical order.
[, but the county clerk shall retain the elector’s application to register to vote in a separate file until the registrar of voters’ register is again open for filing of applications at which time all applications in the temporary file must be placed in their proper position in the registrar of voters’ register.] -Sec. 81st Session (2021) – 11 – 293.517 1.RS 29Any person who meets the qualifications set forth in NRS 293.4855 residing within the county may preregister to vote and any elector residing within the county may register to vote:
10.
NRS 293.517 is hereby amended to read as follows:
293.517 1.
Any person who meets the qualifications set forth in NRS 293.4855 residing within the county may preregister to vote and any elector residing within the county may register to vote:
by(e) computerBy usingsubmitting thean systemapplication [:tion to preregister or register to vote (1)by Established]computer establishedusing by the Secretarysystem of[: State pursuant to NRS 293.671;
(1) Established] established by the Secretary of State pursuant to NRS 293.671;
If the applicant preregisters or registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive.
- 81st Session (2021) – 12 – 4.
5.Assembly Amendment No.
A277 person or an elector who is preregistered or registered and preregister or register to vote,Assembly asBill applicable.No.
422 Page 11 5.
A person or an elector who is preregistered or registered and changes his or her name must complete a new application to preregister or register to vote, as applicable.
Except as otherwise provided in subsection 8 and NRS 293.5742 to 293.5757, inclusive, 293.5767 and 293.5772 to 293.5887, inclusive, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.
If a person or an elector submits an application to preregister or register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application is incomplete or that, except as otherwise provided in NRS 293D.210, the person is not eligible to preregister pursuant to NRS 293.4855 or - 81st Session (2021) – 13 – the elector is not eligible to vote pursuant to NRS 293.485, as applicable.
Not later than 5 business days attorneyafter shall advise the countydistrict clerkattorney asreceives tosuch whether:n,notification, the district (a)attorney Theshall applicationadvise isthe completecounty and,clerk except as otherwise provided in NRS 293D.210, the person is eligible to preregisterwhether: pursuant to NRS 293.4855 or the elector is eligible to vote pursuant to NRS 293.485;
(a) The application is complete and, except as otherwise provided in NRS 293D.210, the person is eligible to preregister pursuant to NRS 293.4855 or the elector is eligible to vote pursuant to NRS 293.485;
Assembly AAmendment personNo. or an elector who indicates that he or she is “independent” shall be deemed not affiliated with a political party.
277 to Assembly Bill No.
422 Page 12 A person or an elector who indicates that he or she is “independent” shall be deemed not affiliated with a political party.
If a person or an elector indicates that he or she is not affiliated with a political party, or is independent, the county clerk or field registrar of voters shall list the person’s or elector’s political party as nonpartisan.
voters shall list the person’s or elector’s political 3.
(b) When compiling data related to preregistration and voter registration for the county, report the person’s or elector’s political party as “other party.” -5. 81st Session (2021) – 14 – an elector does not make any of the indications described inerson or subsection 1, the county clerk or field registrar of voters shall:
Except as otherwise provided in subsection 6, if a person or an elector does not make any of the indications described in subsection 1, the county clerk or field registrar of voters shall:
[in the same county in which the person is preregistered or registered to vote;] and (b) Does not make any of the indications described in subsection 1 on the new paper application, the county clerk or field registrar of voters shall not change the person’s existing political party affiliation that was established by his or her prior application pursuant to this section and is listed in the [current records of the county clerk.] statewide voter registration list.
(1) The] the system established by the Secretary of State pursuant to NRS 293.671 .
orblishedor by the Secretary of State (2) A system established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to preregister or register to vote.] (c) Any other method authorized by the provisions of this title.
-Assembly 81stAmendment SessionNo. (2021) – 15 – inclusive:cept as otherwise provided in NRS 293.5772 to 293.5887, (a) An application to preregister to vote may be used to correct information in a previous application.
277 to Assembly Bill No.
422 Page 13 3.
Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive:
(a) An application to preregister to vote may be used to correct information in a previous application.
determine6. whether the application is complete.an application, 7.
The county clerk shall, upon receipt of an application, determine whether the application is complete.
7.
Except as otherwise provided in subsections 5 and 6 of NRS 293.518 and NRS 293.5767, if the county clerk determines that the application is not complete, the county clerk shall, as soon as possible, mail a notice to the applicant that additional information is informationrequired requestedto bycomplete the countyapplication. clerk within 15 days after thee county clerk mails the notice, the county clerk shall, within 10 days after receiving the information, mail to the applicant:
If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after receiving the information, mail to the applicant:
or (b) A notice that the person’s application to preregister to vote or the [registrar of voters’ register] statewide voter registration list -has 81stbeen Sessioncorrected (2021) – 16 – application.rected to reflect any changes indicated on the application. If the applicant does not provide the additional information within the prescribed period, the application is void.
If the applicant does not provide the additional information within the prescribed period, the application is void.
(a) Mail, which must be used to preregister or register to vote by mai(b)mail Computer,in whichthis mustState. be used to preregister or register to vote by computer using [:
(1)(b) The]Computer, thewhich systemmust establishedbe byused theto Secretarypreregister ofor Stateregister pursuant to NRSvote 293.671by .computer using [:
Assembly Amendment No.
277 to Assembly Bill No.
422 Page 14 (1) The] the system established by the Secretary of State pursuant to NRS 293.671 .
If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be preregistered or registered to vote, as applicable.
-(1) 81stPreregister Sessionto (2021)vote, –the 17question, –“Are you at least 17 years of age and not more than 18 years of age?” and boxes tostto 17 indicate whether or not the applicant is at least 17 years of age and not more than 18 years of age.
(e) A statement informing the applicant that if the application is submitted by mail and the applicant is preregistering or registering to vote for the first time, the applicant must submit the information set forth in paragraph (a) of subsection 2 of NRS 293.2725 to avoidonavoid the requirements of subsection 1 of NRS 293.2725 upon voting for the first time.
pursuant15. to this section may be assisted in completing the vote application to preregister or register to vote by any other person.
A person who, by mail, preregisters or registers to vote pursuant to this section may be assisted in completing the application to preregister or register to vote by any other person.
-Assembly 81stAmendment SessionNo. (2021) – 18 – after the applicant has completed and signed it.
277 to Assembly Bill No.
422 Page 15 17.
An application must not be altered or otherwise defaced after the applicant has completed and signed it.
(a) From one precinct to another or from one congressional district to another within the same county must be allowed to vote in the precinct where the elector previously resided after providing an to his or her new address.n before an election board officer attesting (b) Within the same precinct must be allowed to vote after providing an oral or written affirmation before an election board officer attesting to his or her new address.
(b) Within the same precinct must be allowed to vote after providing an oral or written affirmation before an election board officer attesting to his or her new address.
The county clerk shall use any information regarding the current address of an elector obtained pursuant to this section to correct information in the [registrar of voters’ register] statewide voter registration list and the roster.
The county clerk receiving such a notice shall cancel the -preregistration 81stor Sessionregistration (2021)of –the 19person –or elector and place it in a cancelled file.] update the person’s preregistration or elector’sitelector’s in registration, as applicable, in the database created by the Secretary of State pursuant to NRS 293.675.
and (b) A file of the applications to register to vote of electors who have cancelled their registration , [.] Assembly inAmendment theNo. database created by the Secretary of State pursuant to county clerk shall mark the applications “Cancelled,” and indicate thereon the reason for cancellation.
277 to Assembly Bill No.
422 Page 16 in the database created by the Secretary of State pursuant to NRS 293.675.
The files must be kept in alphabetical order.
The county clerk shall mark the applications “Cancelled,” and indicate thereon the reason for cancellation.
The county clerk [may:[may:] [(a) Microfilm the applications to preregister or register to vote of a person or an elector who cancels his or her preregistration or registration, as applicable, and destroy the originals at any time.
(a)(b) MicrofilmRecord] theshall record cancelled applications to preregister or register to vote of[by acomputer] personin orthe andatabase electorcreated whoby cancelsthe hisSecretary orof herState preregistrationpursuant orto registration,NRS as293.675 applicable, and destroy the originals at any time.
(b) Record] shall record cancelled applications to preregister or Secretary of State pursuant to NRS 293.675 and destroy thethe originals at any time.
- 81st Session (2021) – 20 – (a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the application to preregister or register to vote concerning the identity or residence of the person or voter is fra(b)fraudulent; The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3;
(b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3;
[(b) In counties where records of registration are kept by computer, the county clerk shall have the affidavit of cancellation printed on the computer entry for the registration and add a copy of it to the roster.] 4.
and (b)Assembly SatisfactoryAmendment identificationNo. that contains proof of the address at which the voter actually resides and that address is consistent with the address listed on the roster.
277 to Assembly Bill No.
422 Page 17 (b) Satisfactory identification that contains proof of the address at which the voter actually resides and that address is consistent with the address listed on the roster.
If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and an absent ballot or a ballot voted by a voter who resides in a mailing -precinct 81stis Sessionreceived (2021)from –the 21voter, –the ballot must be kept separate from other ballots and must not be counted unless the voter presentsepresents satisfactory proof to the county clerk of identity and residence before such ballots are counted on election day.
voter3. and name the person whose right to vote is challenged and the ground of the challenge.
The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.
[(2) In counties where records of registration are kept by computer, he or she shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the roster.] (b) Within 5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the person whose right to vote the has been challenged pursuant to this section informing the person of the challenge.
-6. 81st Session (2021) – 22 – attorney shall investigate the challenge within 14 days and, ifdistrict appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Upon receipt of a notice pursuant to this section, the district attorney shall investigate the challenge within 14 days and, if appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(a)Assembly RemoveAmendment theNo. challenge or affidavit from [the registrar of voters’ register,] any roster and any other record in which the challenge or affidavit has been filed or entered;
the277 person who is the subject of the challenge or affidavit, mail a notice and a copy of the request to withdrawAssembly toBill thatNo. person;
422 Page 18 (a) Remove the challenge or affidavit from [the registrar of voters’ register,] any roster and any other record in which the challenge or affidavit has been filed or entered;
(b) If a notice of the challenge or affidavit has been mailed to the person who is the subject of the challenge or affidavit, mail a notice and a copy of the request to withdraw to that person;
(1) By mail is the fourth Tuesday preceding the primary or general(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.
(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.
-(4)] 81stBy Sessioncomputer (2021)using –the 23system –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 to register voters for the election pursuant to NRS 293.5842 or 293.5847.
(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 circula(1)circulation Thein day and time that each method of registration for the election,county asindicating: set forth in subsection 1, will be closed;
(1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed;
beAssembly openAmendment duringNo. 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.
277 to Assembly Bill No.
422 Page 19 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.
and -(b) 81stDoes Sessionnot (2021)apply –to 24register –to 2.vote pursuant to NRS 293.5742.
The2. county clerk shall use the paper applications to293.5742.
The county clerk shall use the paper applications to preregister or register to vote which are signed and completed pursuant to subsection 1 to preregister or register [applicants] an applicant to vote or to correct [information in a person’s previous application to preregister or the registrar of voters’ register.] the preregistration or registration of the applicant, as applicable.
The Department shall, except as otherwise provided in this subsection, forward each paper application on a weekly basis to the county clerk or, ifdif each applicable, to the registrar of voters of the county in which the applicant resides.
(b) Register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the last day to register to vote by mail pursuant to NRS 293.560 orheor last 293C.527, as applicable, if the county clerk receives the paper application not later than 5 days after that date.
-If 81stthe Sessioncounty (2021)clerk –or 25field –registrar of voters determines that the paper application is not complete, he or she shall notify thehat the applicant of the additional information required.
Any notification required by this subsection must be given by mail at the mailing addressAssembly onAmendment theNo. paper application not more than 7 working days after the determination is made concerning whether the paper application is complete.
277 to Assembly Bill No.
422 Page 20 address on the paper application not more than 7 working days after the determination is made concerning whether the paper application is complete.
The county clerk shall use any form submitted to the Department to correct information on a driver’s license or identification card to correct information on a previous application to preregister or [in the registrar of voters’ register,] register unless the person indicates on the form that the correction is not to be used for the purposes of preregistration or voter registration.
The be used Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for paper applications to preregister or register to vote.
(a) Establish any procedure necessary to provide a person who applies to preregister to vote or an elector who applies to register to vote pursuant to this section the opportunity to do so;
-Sec. 81st Session (2021) – 26 – 293.5732 1.
22.
NRS 293.5732 is hereby amended to read as follows:
293.5732 1.
(a) Ensure the secure electronic storage of information collected pursuant to NRS 293.5742, the secure transmission of such information to the database created by the Secretary of State [and county clerks] pursuant to NRS 293.675 and the secure electronic storage of such information [by the Secretary of State and county clerks;] in the database;
2.Assembly Amendment No.
Before277 concluding the person’s transaction with the Department, the Department shall notify each person described in sub(a) Of the qualifications to voteAssembly inBill thisNo. State, as provided by NRS 293.485;
422 Page 21 2.
Before concluding the person’s transaction with the Department, the Department shall notify each person described in subsection 1:
(a) Of the qualifications to vote in this State, as provided by NRS 293.485;
(1) The person is deemed to have consented to the transmission of information to the database created by the Secretary of State [and the county clerks] pursuant to NRS 293.675 for the purpose of registering the person to vote or updating the voter -registration 81stinformation Sessionof (2021)the –person 27for –the purpose of correcting the statewide voter registration list pursuant to NRS 293.530;
andngand (2) The Department will transmit to the [county clerk of the county in which the person resides] database created by the Secretary of State pursuant to NRS 293.675 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 correcting the statewide voter registration list pursuant to NRS 293.530;
and (3) The person will not be able to vote at a primary election or primary city election for candidates for partisan offices of a major political party unless the person updates his or her voter registration inf(d)information Ofto theindicate provisionsa ofmajor subsectionspolitical 2party andaffiliation; 3 of NRS 293.5757.
and (d) Of the provisions of subsections 2 and 3 of NRS 293.5757.
and (b) Shall not require the person to acknowledge that he or she hasSec.has received the notice required by subsection 2.
Sec.
-(b) 81stAn Sessionelectronic (2021)facsimile –of 28the –signature of the person, if the Department is capable of recording, storing and transmitting to thehethe [county clerk] database created by the Secretary of State pursuant to NRS 293.675 an electronic facsimile of the signature of the person;
(1)Assembly TheAmendment firstNo. or given name and the surname of the person;
277 to Assembly Bill No.
422 Page 22 (1) The first or given name and the surname of the person;
(I) The number indicated on the person’s current and valid driver’s license or identification card issued by theandthe Department, if the person has such a driver’s license or identification card;
If the person does not have the identification described in subparagraph (4) of paragraph (c) of subsection 1, the person must sign an affidavit stating that he or she does not have a current and valid driver’s license or identification card issued by the Department clerkor shalla issuesocial ansecurity identificationnumber. number to the person which mustnty be the same number as the unique identifier assigned to the person for the purpose of the statewide voter registration list.
Upon receipt of the affidavit, the county clerk shall issue an identification number to the person which must be the same number as the unique identifier assigned to the person for the purpose of the statewide voter registration list.
Except as otherwise provided in this subsection, the Department of Motor Vehicles shall electronically transmit to the database created by Secretary of State [and the appropriate county clerk] pursuant to NRS 293.675 the information and any - 81st Session (2021) – 29 – electronic documents collected from a person pursuant to NRS 293.5742:
(a) Except as otherwise provided in paragraph (b), not later than 5 working days after collecting the information;
and (b) During the 2 weeks immediately preceding the fifth Sunday preceding an election, not later than 1 working day after collecting the information.
Unless the person affirmatively declines in writing to apply to register to vote or have his or her voter registration information updated, as applicable, if a person applies to the Department of Motor Vehicles for the issuance or renewal of or change of address for any type of driver’s license or identification card issued by the Department:
(b)Assembly AnyAmendment actionNo. taken by the person pursuant to NRS 293.5742 shall be deemed an act of applying to register to vote.
277 to Assembly Bill No.
422 Page 23 (b) Any action taken by the person pursuant to NRS 293.5742 shall be deemed an act of applying to register to vote.
(d) Unless the applicant is already registered to vote, the date on which the person applies to register to vote pursuant to NRS -293.5742 81stshall Sessionbe (2021)deemed –the 30date –on which the applicant registered to vote.
shall be deemed the date on which the applicant registered 2.
(a) The electronic facsimile of the signature of the applicant shall be deemed to be the facsimile of the signature on the person’s application to register to vote to be used for the comparison purpose(1)purposes An] an electronic facsimile of the signature has been collected and transmitted [to the county clerk of the county in which the applicant resides] pursuant to NRS 293.5742293.277 andif 293.5747,[: respectively;
(1) An] an electronic facsimile of the signature has been collected and transmitted [to the county clerk of the county in which the applicant resides] pursuant to NRS 293.5742 and 293.5747, respectively;
If an applicant is already registered to vote, the county clerk shall use the voter registration information of the applicant transmitted by the Department of Motor Vehicles to correct the necessary.voterstatewide voter registration list pursuant to NRS 293.530, if Sec.necessary.
Sec.
-2. 81st Session (2021) – 31 – subsection 1:m provided by the Department pursuant to (a) Must include a notice informing the person of the information required pursuant to paragraphs (b) and (c) of subsection 2 of NRS 293.5737, and that the person may:
The form provided by the Department pursuant to subsection 1:
(a) Must include a notice informing the person of the information required pursuant to paragraphs (b) and (c) of subsection 2 of NRS 293.5737, and that the person may:
or (2)Assembly UseAmendment theNo. system established by the Secretary of State pursuant to NRS 293.671 to update his or her voter registration information, including, without limitation, the person’s name, address and party affiliation.
277 to Assembly Bill No.
422 Page 24 (2) Use the system established by the Secretary of State pursuant to NRS 293.671 to update his or her voter registration information, including, without limitation, the person’s name, address and party affiliation.
The Department shall provide a secured container within the Department designated for the return of any form provided to a per4.nperson pForpursuant theto purposesthis ofsection. NRS 293.5742 and 293.5747:
4.
For the purposes of NRS 293.5742 and 293.5747:
and (2) The person shall be deemed to have consented to the transmission of that information and the other information and documents collected during his or her transaction with the Department to the database created by the Secretary of State [and the appropriate county clerks] pursuant to NRS 293.675 for the purpose of registering the person to vote or updating the person’s existing voter registration information in order to correct the necessary.voterstatewide voter registration list pursuant to NRS 293.530, if (b)necessary. If a person does not deposit the form in the secured container at the end of his or her transaction with the Department:
(1)(b) TheIf a person shalldoes benot deemeddeposit to have consented to the transmissionform ofin the informationsecured andcontainer documentsat collectedthe duringend of his or her transaction with the DepartmentDepartment: to the database created by the Secretary of State [and the appropriate county clerks] pursuant to NRS 293.675 for the purpose of registering the person to vote or updating the person’s existing voter registration information in order - 81st Session (2021) – 32 – 293.530, if necessary.de voter registration list pursuant to NRS (2) The appropriate county clerk shall list the person’s political party as nonpartisan, unless the person is already a registered voter listed as affiliated with a political party in the person’s existing voter registration information.
(1) The person shall be deemed to have consented to the transmission of the information and documents collected during his or her transaction with the Department to the database created by the Secretary of State [and the appropriate county clerks] pursuant to NRS 293.675 for the purpose of registering the person to vote or updating the person’s existing voter registration information in order to correct the statewide voter registration list pursuant to NRS 293.530, if necessary.
(2) The appropriate county clerk shall list the person’s political party as nonpartisan, unless the person is already a registered voter listed as affiliated with a political party in the person’s existing voter registration information.
(b) It shall be deemed that the person did not apply to register to vote;
[and]hall[and] be deemed that the person did not apply to register to (c) The county clerk must reject the application and remove the information transmitted by the Department of Motor Vehicles from the database created by the Secretary of State pursuant to NRS 293.675;
2.Assembly Amendment No.
277 to Assembly Bill No.
422 Page 25 2.
or (b) [A system established pursuant to NRS 293.506 for using a computer to register voters;
orrsuantor to NRS 293.506 for using a (c)] The system established by the Secretary of State pursuant to NRS 293.671.
If a registered voter updates his or her voter registration information pursuant to this section and applies to vote in the -election, 81stthe Sessioncounty (2021)or –city 33clerk –may require the voter to cast a provisional ballot in the election if any circumstances exist that give the county or city clerk reasonable cause to believe that the use of a provisional ballot is necessary to provide sufficient time to verify and determine whether the voter is eligible to cast the ballot in the election based on his or her updated voter registration information.
voting,2. an elector must:e in person during the period for early (a) Appear before the close of polls at a polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.
To register to vote in person during the period for early voting, an elector must:
(a) Appear before the close of polls at a polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.
If the county or city clerk authorizes the use of [more than one method,] both methods, the county or city clerk may limit the use of [a particular] one method to circumstances when [another] the otherfother method is not reasonably available.
If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may -be 81stused Sessionto (2021)establish –the 34residency –of the elector if the current residential address of the elector, as indicated on his or hernther application to register to vote, is displayed on the document:
(b)Assembly AAmendment utilityNo. bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;
277 to Assembly Bill No.
422 Page 26 (b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;
vote(a) atThe theelector pollingshall placebe upon:meddeemed to be conditionally registered to (1)vote Theat determination that the applicationpolling toplace registerupon: to vote is complete;
(1) The determination that the application to register to vote is complete;
Notwithstanding the close of any method of registration for an election pursuant to NRS 293.560 or 293C.527, an elector may register to vote in person on the day of the election at any polling place in the county or city, as applicable, in which the elector is eligible to vote.
-The 81stcounty Sessionor (2021)city –clerk 35shall –authorize at least one [or more] of the following methods for a person to register to vote pursuant to thisthethis paragraph:
If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may be used to establish the residency of the elector if the currentAssembly residentialAmendment addressNo. of the elector, as indicated on his or her application to register to vote, is displayed on the document:
277 to Assembly Bill No.
422 Page 27 current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:
or 4.)(i) ASubjectAny toother finaldocument verification,issued ifby an elector registers to vote in person at a pollinggovernmental placeagency. pursuant to this section:
4.
Subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:
-(b) 81stAfter Sessionthe (2021)elector –is 36deemed –to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:
to (1) May vote in the election only at that polling place;
information2. collected in the database created pursuant toration subsection 1 to create the official statewide voter registration list, which may be maintained on the Internet, in consultation with each county and city clerk.
The Secretary of State shall use the voter registration information collected in the database created pursuant to subsection 1 to create the official statewide voter registration list, which may be maintained on the Internet, in consultation with each county and city clerk.
(f) Except as otherwise provided in subsection [7,] 8, be State;natedcoordinated with the appropriate databases of other agencies in this (g)State; Be electronically accessible to each state and local election official in this State at all times;
(h)(g) ExceptBe aselectronically otherwiseaccessible providedto ineach subsectionstate [8,]and 9,local allowelection forofficial datain tothis beState sharedat withall othertimes; states under certain circumstances;
Assembly Amendment No.
277 to Assembly Bill No.
422 Page 28 (h) Except as otherwise provided in subsection [8,] 9, allow for data to be shared with other states under certain circumstances;
[3.]3. 4.
-(a) 81st[Except Sessionfor (2021)information –related 37to –the preregistration of persons to vote, electronically] Electronically enter into theofthe [statewide voter registration list] database created pursuant to subsection 1 all information related to voter preregistration and registration obtained by the county or city clerk at the time the information is provided to the county or city clerk;
In establishing and maintaining the statewide voter registration list, the Secretary of State shall enter into a cooperative agreement with the Department of Motor Vehicles to match information in the database of the statewide voter registration list with information in the appropriate database of the Department of Motor Vehicles to verify the accuracy of the information in an app[5.]application 6.to register to vote.
[5.] 6.
Except as otherwise provided in NRS 481.063 or any provision of law providing for the confidentiality of information, the Secretary of State may enter into an agreement with an agency ofn,of the this State pursuant to which the agency provides to the Secretary of State any information in the possession of the agency that the Secretary of State deems necessary to maintain the statewide voter registration list.
and -(b) 81stProvide Sessionto (2021)the –chief 38officer –of elections of another state any information which is requested and which the Secretary of StateteState any deems necessary for the chief officer of elections of that state to maintain a voter registration list, if the Secretary of State is satisfied that the information provided pursuant to this paragraph will be used only for the maintenance of that voter registration list.
The written notice is effective for all elections that are conducted after the registered voter provides the written notice to the city clerk, except that the written notice is not effective for the next ensuing election unless the written notice is provided to the city clerk before the time has elapsed for requestingAssembly anAmendment absentNo. ballot for the election pursuant to subsection 1 of NRS 293C.310.
affected277 election that is subject to theAssembly provisionsBill ofNo. NRS 293.8801 to 293.8887, inclusive, upon receipt of the written notice provided by the registered voter pursuant to subsection 1, the city clerk shall:
422 Page 29 requesting an absent ballot for the election pursuant to subsection 1 of NRS 293C.310.
2.
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 city clerk shall:
The city clerk must not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is sub(a)submitted: The registered voter is designated inactive pursuant to NRS 293.530;
(a) The registered voter is designated inactive pursuant to NRS 293.530;
or - 81st Session (2021) – 39 – (d) An absent ballot is returned to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.
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.
If an elector refuses to provide an oral or written affirmation attesting to his or her address as required by this section, the elector setmay forthonly invote NRSat 293C.295.althe special polling place in the city in the manner Sec.set forth in NRS 293C.295.
Sec.
(1)Assembly ByAmendment mailNo. is the fourth Tuesday preceding the primary city election or general city election.
277 to Assembly Bill No.
422 Page 30 (1) By mail is 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 81stusing Sessiona (2021)computer –to 40register –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.
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, 3.no person may register to vote for the election.
peExcept3. for a recall or special city election held pursuant to chapter 306 or 350 of NRS:
Except for a recall or special city election held pursuant to chapter 306 or 350 of NRS:
(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 clo4.d.closed.
4.
293C.540 Not later than 3 days before the day on which any regular or special city election is held, the county clerk shall use the database created by the Secretary of State pursuant to NRS - 81st Session (2021) – 41 – 293.675 to prepare and deliver to the city clerk the official register for the city.
The county clerk shall invalidate the signature of any qualified elector if the signature is not signed in ink and dated or if the signature is executed before the notice to incorporate and the or petition for incorporation are filed with the county clerk pursuant to NRS 266.018.
2.Assembly Amendment No.
277 to Assembly Bill No.
422 Page 31 2.
37.3.
Section 88 of chapter 546, Statutes of Nevada 2019, at page 3426 is hereby amended to read as follows:
Sec.
88.
1.
This section becomes effective upon passage and approval.
2.
Sections 34, 43, 84.4 and 84.6 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations, passing any ordinances and necessary to carry out the provisions of this act;
and (b) On January 1, 2020, for all other purposes.
3.
Sections 1 to 8, inclusive, 10 to 33, inclusive, 35 to 42, inclusive, 43.5 to 83, inclusive, 85, 86 and 87 of this act become effective on July 1, 2019.
4.
Section 84 of this act becomes effective on July 1, 2021.
5.
Section 9 of this act becomes effective on January 1, [2022.] 2024.
Sec.
37.7.
1.
The Secretary of State shall develop a pilot program for conducting a risk-limiting audit of the results of the general election.
2.
The Secretary of State may require each county clerk to participate in the pilot program developed pursuant to subsection 1 - 81st Session (2021) – 42 – and conduct a risk-limiting audit of the results of the 2022 general election.
3.
As used in this section, “risk-limiting audit” means an audit protocol that:
(a) Makes use of statistical principles and methods;
and (b) Is designed to limit the risk of certifying an incorrect election outcome.
Sec.
Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475.
Beginning with a report that is due on January 1, 2022, and ending with the submission of a final report that is due on January 1, 2024, the Secretary of State shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee every 6 months that details the progress made by the Secretary of State in implementing the provisions of sections 1 to 37, inclusive, of this act.
This section and[is] sections 37.3, 37.7 and section 39.5 becomeare effective upon passage and approval.
Sections 1 to 37,[40,] inclusive,39, 38,inclusive, 39 and 40 of this act become effective:
and (b) On January 1, [2022,] 2024, for all other purposes.
~~~~~TEXT 21OF -REPEALED 81stSECTIONS Session293.0925 (2021)“Registrar of voters’ register” defined.
“Registrar of voters’ register” means the record of registered voters kept by the county clerk.
293.511 Register or roster kept by computer to include certain information.
If a registrar of voters’ register or roster is kept by computer, the register or roster, as applicable, must include the name, address, precinct, political affiliation and signature or facsimile thereof of each voter and any additional information required by the county cle.k