Nevada 2023 Regular Session Status: To Executive

SB 404 — Makes various changes relating to elections. (BDR 24-843)

Last action — No further consideration.

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

This bill died with 2023 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Joe Lombardo (Republican) on June 01, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

245 added · 327 removed

245 line(s) added, 327 removed.

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
Senate Bill No.
404 SENATE B ILLN O.
404–Committee on Legislative Operations and Elections CHAPTER..........
404–COMMITTEE ON LEGISLATIVE O PERATIONS AND ELECTIONS M ARCH 27, 2023 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Makes various changes relating to elections.
(BDR 24-843) 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.
LegExisting law authorizes:
Legislative Counsel’s Digest:
Existing law authorizes:
(1) executes a certain oath or affirmation;
(1) executes a certain oath or address at which the person actually resides.
and (2) furnishes satisfactory identification which contains proof of the addSections 5 and 27 of this bill set forth what constitutes “satisfactory identification” for purposes of a challenged voter providing proof of residency.
(NRS 293.303, 293C.292)ains proof of the Sections 5 and 27 of this bill set forth what constitutes “satisfactory identification” for purposes of a challenged voter providing proof of residency.
Existing law requires the appropriate board to count in public the returns for and 28 of this bill provide instead that on or after the first day of early voting, the county or city clerk, respectively, may order the appropriate board to begin the counting of the returns for early voting, but, in any case, the counting of the returns for early voting must begin not later than 8 a.m.
early voting after 8 a.m.
- *SB404_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 293.3606, 293C.3606) Sections 8or and 28 of this bill provide instead that on or after the first day of early voting, the county or city clerk, respectively, may order the appropriate board to begin the counting of the returns for early voting, but, in any case, the counting of the returns for early voting must begin not later than 8 a.m.
Section 1.
on election day.
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:
Sections 1-4.
2.
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4.
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2.
- 82nd Session (2023) – 2 – 2.
(a) If the challenge is on the ground that the challenged person does not belong to the political party designated upon the roster, “I swear or affirm under penalty of perjury that I belong to the political party designated upon the roster”;
(a) If the challenge is on the ground that the challenged person does not belong to the political party designated upon the roster, “I party designated upon the roster”;erjury that I belong to the political (b) If the challenge is on the ground that the roster does not show that the challenged person designated the political party to which he or she claims to belong, “I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong”;
(b) If the challenge is on the ground that the roster does not show that the challenged person designated the political party to which he or she claims to belong, “I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong”;
(c) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the roster, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the roster”;
(c) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the residence for which the address is listed in the roster”;I reside at the (d) If the challenge is on the ground that the challenged person previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”;
(d) If the challenge is on the ground that the challenged person previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”;
Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so - *SB404_R1* – 3 – tendered, the person must not be issued a ballot, and the election board officer shall indicate in the roster “Challenged” by the person’s name.
Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so board officer shall indicate in the roster “Challenged” by thetion person’s name.
If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification which contains proof of the address at which the person actually resides.
If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or - 82nd Session (2023) – 3 – until he or she furnishes satisfactory identification which contains proof of the address at which the person actually resides.
(h) A statement concerning the mortgage, rental or lease of a residence;
(h) A statement concerning the mortgage, rental or lease of a res(i) A motor vehicle registration;
(i) A motor vehicle registration;
or - *SB404_R1* – 4 – (b) Brings before the election board officers a person who is at least 18 years of age who:
or (b) Brings before the election board officers a person who is at least 18 years of age who:
and (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he or she swears to be.
and that the challenged person is who he or she swears to be.of perjury 9.
9.
10.
- 82nd Session (2023) – 4 – 10.
Sec.
Secs.
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6.
6 and 7.
7.
(Deleted by amendment.) Sec.
293.3606 1.
day [,] of early voting, the county clerk may order the appropriate board [shall] to begin the count [in public] of the returns for early voting [.] , but, in any case, the count of the returns for early voting must begin not later than 8 a.m.
[After 8 a.m.
on election] On or after the first day [,] of early voting, the county clerk may order the appropriate board [shall] to begin the count [in public] of the returns for early voting [.] , but, in any case, the count of the returns for early voting must begin not later than 8 a.m.
Sec.
Secs.
9.
9-26.
10.
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(Deleted by amendment.) - *SB404_R1* – 5 – Sec.
19.
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2.
tender the challenged person the following oath or affirmation:all (a) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the roster, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the roster”;
If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the roster, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the roster”;
3.
- 82nd Session (2023) – 5 – 3.
4.
affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293C.295.
If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293C.295.
If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or - *SB404_R1* – 6 – affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification that contains proof of the address at which the person actually resides.
If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification that contains proof of the address at which the person actually resides.
(e) A bank or credit union statement;
(f) A paycheck;redit union statement;
(f) A paycheck;
or (b) Brings before the election board officers a person who is at least 18 years of age who:
or - 82nd Session (2023) – 6 – (b) Brings before the election board officers a person who is at least 18 years of age who:
(2) The name of the registered voter who initiated the challenge;
(2) The name of the registered voter who initiated the challen(3) The result of the challenge;
and (3) The result of the challenge;
- *SB404_R1* – 7 – Sec.
Sec.
Sec.
Secs.
29.
29-70.
30.
(Deleted by amendment.) Sec.
31.
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32.
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(Deleted by amendment.) - *SB404_R1* – 8 – Sec.
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H - *SB404_R1*
~~~~~ 23 - 82nd Session (2023)
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How this bill changes current law

4 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill revises the provisions regarding challenges to a person's right to vote and allows for earlier counting of returns for early voting.

  • NRS 293.303

    [a voter registration card does not provide proof of the address at which a person resides.] → "satisfactory identification" includes, without limitation, any of the following that includes the current residential address of the person: (a) A current and valid driver’s license or identification card issued by the Department of Motor Vehicles; (b) A military identification card; (c) A tribal identification card; (d) A utility bill; (e) A bank or credit union statement; (f) A paycheck; (g) An income tax return; (h) A statement concerning the mortgage, rental or lease of a residence; (i) A motor vehicle registration; (j) A property tax statement; or (k) Any other document issued by a governmental agency.

    This change specifies what constitutes satisfactory identification for proving residency when challenged to vote.

  • NRS 293.3606

    the appropriate board [shall] to begin the count [in public] of the returns for early voting [.] → the county clerk may order the appropriate board to begin the counting of the returns for early voting, but, in any case, the count of the returns for early voting must begin not later than 8 a.m. on election day.

    This change allows the county clerk to initiate counting of early voting returns starting from the first day of early voting.

  • NRS 293.303

    The provisions of this section do not authorize any person to challenge the ability of a registered voter to vote by mail ballot.

    This addition clarifies that challenges cannot be made against a voter's ability to vote by mail.

  • NRS 293C.292

    [a voter registration card does not provide proof of the address at which a person resides.] → "satisfactory identification" includes, without limitation, any of the following that includes the current residential address of the person: (a) A current and valid driver’s license or identification card issued by the Department of Motor Vehicles; (b) A military identification card; (c) A tribal identification card; (d) A utility bill; (e) A bank or credit union statement; (f) A paycheck; (g) An income tax return; (h) A statement concerning the mortgage, rental or lease of a residence; (i) A motor vehicle registration; (j) A property tax statement; or (k) Any other document issued by a governmental agency.

    This change specifies what constitutes satisfactory identification for proving residency when challenged to vote.

Amendments

1 amendment

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Action History

  1. No further consideration.

  2. Vetoed by the Governor. Returned to Senate with Governor's veto message. Made Special Order of Business for Monday, June 5, 2023, at 11:15 A.M.

  3. Enrolled and delivered to Governor.

  4. In Senate. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 28, Nays: 14.) To Senate.

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

  7. Read second time.

  8. From committee: Do pass.

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

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 13, Nays: 8.) To Assembly.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Taken from Second Reading File. Placed on Secretary's desk. Taken from Secretary's desk. Placed on Second Reading File. Read second time. Amended. (Amend. No. 527.) To printer.

  12. From printer. To committee.

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

Sponsors

  • Senate Committee on Legislative Operations and Elections · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Senate Committee on Legislative Operations and Elections

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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

Subjects

elections
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Frequently asked questions

Who sponsors SB 404?
SB 404 is sponsored by Senate Committee on Legislative Operations and Elections.
What is the current status of SB 404?
This bill died with 2023 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 404?
Track SB 404 free on One Click Politics — get push/email alerts when it moves.

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