SB 133 — Revises provisions relating to presidential electors. (BDR 24-539)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2023) FIRST REPRINT S.B.

133133–Senators SENATEDaly, BILLNCannizzaro, O.Spearman;

133–ENATORSDonate, DDondero ALY,Loop, ANNIZZAROFlores, ,D. PEARMAN ;

DONATEHarris, ,Lange, DONDERONeal, LOOP,Nguyen FLORES,and D.Pazina Joint Sponsors:

HARRIS,Assemblymen LANGE,Yeager, NEAL,Jauregui, NGUYENGorelow, ANDBrittney PAZINAMiller, FEBRUARYBackus; 13, 2023 ____________ JOINTS PONSORS:

ASSEMBLYMENAnderson, YEAGERBilbray-Axelrod, ,Brown-May, AUREGUI,Carter, GORELOWCohen, ,Considine, BRITTNEYD’Silva, MDuran, ILLER,González, BACKUSLa ;Rue Hatch, C.H.

ANDERSONMiller, ,Monroe-Moreno, BMosca, ILBRAY-Newby, AXELRODNguyen, ,Orentlicher, BROWNPeters, -MAYTaylor, ,Thomas, CARTER,Torres Cand OHEN,Watts CONSIDINE,CHAPTER.......... D’SILVA, DURAN , GONZÁLEZ , LA RUE HATCH , C.H.

MILLER, M ONROE-M ORENO, M OSCA, NEWBY , NGUYEN , ORENTLICHER, PETERS, TAYLOR, THOMAS , TORRES AND WATTS ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to presidential electors.

(BDR 24-539) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegiExisting Counsel’slaw Digest:establishes the Uniform Faithful Presidential Electors Act, which:

Existing law establishes the Uniform Faithful Presidential Electors Act, which:

(NRS 298.005-298.089) Section 1 of this bill prohibits a person from creating a false slate of presidential electors, serving in a false slate of presidential electors or conspiring to create or serve in a false slate of presidential electors.

(1) provides that a person is guilty of aatea of category B felony for committing such an offense;

(2) provides that such a person shall be punished by imprisonment in the state prison for a minimum term of not - *SB133_R1* – 2 – less than 4 years and a maximum term of not more than 10 years;

and (4) prohibits a court froSectionfrom 1granting authorizesprobation to a person whoconvicted believesof that such an allegedoffense. violation has occurred to notify the Secretary of State in writing.

Section 1 requiresauthorizes thea Secretaryperson ofwho Statebelieves tothat investigatesuch an alleged violation orhas referoccurred the alleged violation to thenotify Attorney General to investigate and refer a violation for prosecution or institute and prosecute the appropriateSecretary proceedings,of asState applicable.in writing.

Section 1 furtherrequires prohibitsthe aSecretary personAttorney convictedGeneral ofto creatinginvestigate orand servingrefer in a falseviolation (1)for electedprosecution toor publicinstitute officeand inprosecute thisthe State;appropriate proceedings, as applicable.

Section 1 further prohibits a person convicted of creating or serving in a false slate of presidential electors or conspiring to commit such an offense from being:

(1) elected to public office in this State;

Existing law provides for the restoration of certain civil rights, including the right to hold office, to certain persons who are placed on probation, are grantedgrantedthe parole or pardon or have served the respective sentence and been released from prison.

(NRS 213.155, 213.157) Sections 2 and 3 of this bill preclude a person holdconvicted office.rsuantpursuant to section 1 from obtaining the restoration of the civil right to THEhold PEOPLEoffice. OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 82nd Session (2023) – 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:

In addition to any other penalty, a courtcou(a) mayPay ordera thefine personof to:not more than $5,000;

(a) Pay a fine of not more than $5,000;

- *SB133_R1* – 3 – (a) The full name and address of the person alleging the violation;

and (f)5.) AnyAIf otherit informationappears inthat supportthe provisions of thesubsection 1 have been violated or a notice of an alleged violation.violation is received pursuant to subsection 4, the Secretary of State shall:

5.- 82nd Session (2023) – 3 – and cause the appropriate proceedings to be instituted andlation prosecuted;

If it appears that the provisions of subsection 1 have been violated or a notice of an alleged violation is received pursuant to subsection 4, the Secretary of State shall:

(a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted;

or (b) Any person the Secretary of State or a designated officer or employee of the Secretary of State has reason to believe possesses the materials that are under subpoena.

reason to believe possesses 7.

- *SB133_R1* – 4 – (b) “Create a false slate of presidential electors” means to knowingly sign, file, transmit or record with the Secretary of State, the Archivist of the United States, the Vice President of the United States or the Congress of the United States a list of presidentialpresidentialed electors whose candidates for President and Vice President of the United States did not receive the highest number of votes in this State at the general election pursuant to 3 U.S.C.