Nevada 2023 Regular Session Status: To Executive

SB 443 — Revises provisions relating to voter registration. (BDR 24-842)

Last action — Vetoed by the Governor. (Return to 83rd Session)

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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 16, 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

350 added · 365 removed

350 line(s) added, 365 removed.

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EXEMPT (Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
Senate Bill No.
443 SENATE B ILLN O.
443–Committee on Legislative Operations and Elections CHAPTER..........
443–COMMITTEE ON LEGISLATIVE O PERATIONS AND ELECTIONS M ARCH 27, 2023 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to voter registration.
(BDR 24-842) 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.
revising provisions relating to provisional ballots;
making an appropriation to the Department of Motor Vehicles for certain security costs relating to extended hours of operation required during certain periods;
Legislative Counsel’s Digest:
LegiExisting law sets forth certain deadlines for registering to vote by mail, computer or appearing in person at the office of the county or city clerk.
Existing law sets forth certain deadlines for registering to vote by mail, computer or appearing in person at the office of the county or city clerk.
(1) through the Thursday preceding the election, by computer using Secretary of State;
(1) through the Thursday preceding the election, by computer using the online registration system provided on the Internet website of the Office of the Secretary of State;
and (2) after such online registration, by appearing in personhe during the period for early voting or on election day.
and (2) after such online registration, by appearing in person periods, an elector must provide his or her driver’s license or identification carduch issued by the Department of Motor Vehicles and, if the license or identification card does not include his or her current residential address, certain documents establishing proof of residency.
To register to vote during such periods, an elector must provide his or her driver’s license or identification card issued by the Department of Motor Vehicles and, if the license or identification card does not include his or her current residential address, certain documents this bill instead provide that to register to vote in person during the period for early voting or on election day, an elector must, with certain exceptions, provide a driver’s license or identification card issued by this State, another state, the District - *SB443_R1* – 2 – of Columbia or a territory of the United States as proof of identity and, if such proof of identity was not issued by the Department of Motor Vehicles or does not include his or her current residential address, the elector must also provide proof of residency.
(NRS 293.5837-293.5847) Sections 1.6 and 2 of this bill instead provide that to register to vote in person during the period for early voting or on election day, an elector must, with certain exceptions, provide a current and valid driver’s license or identification card issued by this State, another identification card as proof of identity.
Sections 1.6 and 2 also provide that an elector may present an original, electronic or certified copy of a document as proof of residency and that, for certain elector is registering to vote.e dated not more than 60 days before the date the Sections 1.6 and 2 further provide that if an elector does not have the required identification, the elector must sign an affirmation and must cast a provisional ballot in accordance with certain provisions of existing law.
If the elector’s driver’s license or a tribal identification card was issued by the Department of Motor Vehicles and shows the elector’s current residential address, the driver’s license or identification card is also proof of the elector’s residency.
Section 1 of this bill makes a conforming change to authorize an elector who does not provide the required identification pursuant to section 1.6 to cast a provisional ballot.
If the elector’s tribal identification card shows the elector’s current residential address, the tribal identification card is also proof of the elector’s residency.
Section 1.3 of this bill makes a conforming change to require an elector who casts such a not later than 5 p.m.
If the elector’s driver’s license or identification card was not issued by the completes a written affirmation.
on the Friday following election day.o the county or city clerk Existing law authorizes the Director of the Department of Motor Vehicles to arrange for extended hours of operation for offices of the Department in a county whose population is 100,000 or more (currently Clark County and Washoe County).
Any such elector who casts a provisional ballot she must provide a current and valid driver’s license or identification card issued by the Department of Motor Vehicles, an interim document issued by the Department of Motor Vehicles or a tribal identification card demonstrating proof of residency by 5 p.m.
(NRS 481.057) Section 3 of this bill provides that, in a county whose population is 100,000 or more, the Director is required to arrange for the offices of the Department to remain open on Saturdays and Sundays and at hours other than 8 driver’s license or identification card issued by the Department:
on the Friday immediately following election day.
(1) during the 2of weeks immediately preceding the last day to register to vote by mail for a primary election, presidential preference primary election or general election;
Sections 1.6 and 2 also provide that if an elector’s driver’s license or elector’s current residential address, the elector may present an original, electronic - 82nd Session (2023) – 2 – documents, such document must be dated not more than 60 days before the date the elector is registering to vote.
Sections 1.6 and 2 further provide that if an elector does not have a driver’s license or identification card issued by this State or another state, the District of Columbia or any territory of the United States or a tribal identification card, the elector may cast a provisional ballot if he or she completes a written affirmation.
Any such elector who casts a provisional ballot must provide a current and valid driver’s license, identification card or interim document issued by the Department residency in this State by 5 p.m.
on the Friday immediately following election day.nd Existing law authorizes the Director of the Department of Motor Vehicles to arrange for extended hours of operation for offices of the Department in a county whose population is 100,000 or more (currently Clark County and Washoe County).
(NRS 481.057) Section 3 of this bill provides that, in a county whose population is 100,000 or more, the Director is required to arrange for the offices of the Department to remain open on Saturdays and Sundays and at hours other than 8 a.m.
to 5 p.m.
for a person to only apply for the issuance or renewal of any type of driver’s license or identification card issued by the Department:
(1) during the 2 election, presidential preference primary election or general election;
Section 3 further prohibits the Department from requiring, in a county whose population is 100,000 any type of driver’s license or identification card issued by the Department:
Section 3 further prohibits the Department from requiring, in a county whose population is 100,000 or more, a person to have an appointment to apply for the issuance or renewal of any type of driver’s license or identification card issued by the Department:
and (2) during the 6 calendar days immediately following the day of a primary election, presidential preference primary election or general election.
and (2) during the 6 calendar days immediately following the day of a primary elecSection 3.5 of this bill makes an appropriation from the State Highway Fund to the Department of Motor Vehicles for the costs of additional security services for the extended hours of operation required by section 3.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Section 1.
Sections 1 and 1.3.
NRS 293.3081 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
293.3081 A person at a polling place may cast a provisional ballot in an election pursuant to NRS 293.3078 to 293.3086, inclusive, if the person complies with the applicable provisions of NRS 293.3082 and:
1.
Declares that he or she has registered to vote and is eligible to vote at that election in that jurisdiction, but his or her name does not appear on a voter registration list as a voter eligible to vote in that election in that jurisdiction or an election official asserts that the person is not eligible to vote in that election in that jurisdiction;
- *SB443_R1* – 3 – 2.
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Applies by mail or computer, on or after January 1, 2003, to register to vote and has not previously voted in an election for federal office in this State and fails to provide the identification required pursuant to paragraph (a) of subsection 1 of NRS 293.2725 to the election board officer at the polling place;
or 3.
Declares that he or she is entitled to vote after the polling place would normally close as a result of a court order or other order extending the time established for the closing of polls pursuant to a law of this State in effect 10 days before the date of the election.
4.
Registers to vote in person at a polling place for early voting or on the day of the election and declares that he or she is a qualified elector but does not have a driver’s license or identification card issued by this State or another state, the District of Columbia or any territory of the United States or a social security number.
Sec.
1.3.
NRS 293.3082 is hereby amended to read as follows:
293.3082 1.
Before a person may cast a provisional ballot pursuant to NRS 293.3081, the person must complete a written affirmation on a form provided by an election board officer, as prescribed by the Secretary of State, at the polling place which includes:
(a) The name of the person casting the provisional ballot;
(b) The reason for casting the provisional ballot;
(c) A statement in which the person casting the provisional ballot affirms under penalty of perjury that he or she is a registered voter in the jurisdiction and is eligible to vote in the election;
(d) The date and type of election;
(e) The signature of the person casting the provisional ballot;
(f) The signature of the election board officer;
(g) A unique affirmation identification number assigned to the person casting the provisional ballot;
(h) If the person is casting the provisional ballot pursuant to subsection 1 of NRS 293.3081:
(1) An indication by the person as to whether or not he or she provided the required identification at the time the person applied to register to vote;
(2) The address of the person as listed on the application to register to vote;
(3) Information concerning the place, manner and approximate date on which the person applied to register to vote;
(4) Any other information that the person believes may be useful in verifying that the person has registered to vote;
and (5) A statement informing the voter that if the voter does not provide identification at the time the voter casts the provisional ballot, the required identification must be provided to the county or - *SB443_R1* – 4 – city clerk not later than 5 p.m.
on the Friday following election day and that failure to do so will result in the provisional ballot not being counted;
(i) If the person is casting the provisional ballot pursuant to subsection 2 or 4 of NRS 293.3081:
(1) The address of the person as listed on the application to register to vote;
(2) The voter registration number, if any, issued to the person;
and (3) A statement informing the voter that the required identification must be provided to the county or city clerk not later than 5 p.m.
on the Friday following election day and that failure to do so will result in the provisional ballot not being counted;
and (j) If the person is casting the provisional ballot pursuant to subsection 3 of NRS 293.3081, the voter registration number, if any, issued to the person.
2.
After a person completes a written affirmation pursuant to subsection 1:
(a) The election board officer shall provide the person with a receipt that includes the unique affirmation identification number described in subsection 1 and that explains how the person may use the free access system established pursuant to NRS 293.3086 to ascertain whether the person’s vote was counted, and, if the vote was not counted, the reason why the vote was not counted;
(b) The voter’s name and applicable information must be entered into the roster in a manner which indicates that the voter cast a provisional ballot;
and (c) The election board officer shall issue a provisional ballot to the person to vote.
Sec.
(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.
- 82nd Session (2023) – 3 – voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.
or - *SB443_R1* – 5 – (2) The system established by the Secretary of State pursuant to NRS 293.671.
or (2) The system established by the Secretary of State pursuant to NRS 293.671.
(c) Except as otherwise provided in subsection 3 [,] or 5, provide his or her current and valid driver’s license or identification card issued by [the Department of Motor Vehicles which shows his or her physical address] this State or another state, the District of Columbia or any territory of the United States as proof of the elector’s identity and , if the photo identification was issued by the Department of Motor Vehicles and shows the elector’s current residential address, as proof of the elector’s identity and residency.
(c) Except as otherwise provided in [subsection 3,] this section, provide his or her [current] :
(1) Current and valid driver’s license or identification card issued by [the Department of Motor Vehicles which shows his or Columbia or any territory of the United States as proof of thet of elector’s identity and , if the driver’s license or identification card was issued by the Department of Motor Vehicles and shows the elector’s current residential address, as proof of the elector’s identity and residency [.] ;
or (2) Tribal identification card as proof of the elector’s identity and, if the tribal identification card shows the elector’s current residential address, as proof of the elector’s identity and residency.
If the driver’s license or identification card was not issued by the Department of Motor Vehicles to the elector or does not have the elector’s current residential address, an original, electronic or certified copy of the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:
If the elector’s driver’s license or identification card was issued by the Department of Motor Vehicles [to the elector] but does not have the elector’s current residential address, an original, electronic or certified copy of the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to reg(a) A military identification card;document:
(a) A military identification card;
(d) A paycheck [;] that is dated not more than 60 days before the date on which the elector is registering to vote;
- 82nd Session (2023) – 4 – the date on which the elector is registering to vote;days before (e) An income tax return;
(e) An income tax return;
[Subject] Except as otherwise provided in subsection 5, subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:
[Subject] Except as otherwise provided in subsection 5 or 6, subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:
- *SB443_R1* – 6 – (b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:
vote at the polling place pursuant to paragraph (a), the elector:
(1) May vote in the election only at that polling place;
to (1) May vote in the election only at that polling place;
If an elector who appears to vote does not have a driver’s license or identification card issued by this State or another state, the District of Columbia or any territory of the United States or a social security number, the elector may cast a provisional ballot, as defined in NRS 293.3078, pursuant to NRS 293.3078 to 293.3086, inclusive.
If an elector who appears to vote provides as proof of identity a driver’s license or identification card that was not issued by the Department of Motor Vehicles or provides a tribal identification card that does not have the elector’s current residential address, the elector may cast a provisional ballot pursuant to subsection 4 if the elector completes a written affirmation on a form provided by an election officer which includes:
In addition to the affirmation required pursuant to NRS 293.3082, the elector must complete a written affirmation on a form provided by an election officer which includes a statement in which the person affirms under penalty of perjury that he or she is a qualified elector but has not been issued a driver’s license or identification card by this State or another state, the District of Columbia or any territory of the United States and does not have a social security number.
perjury that he or she is a qualified elector;
ander penalty of (b) A statement informing the voter that a current and valid driver’s license, identification card or interim document issued by the Department of Motor Vehicles or a tribal identification card that demonstrates residency must be provided to the county or city clerk not later than 5 p.m.
on the Friday immediately following election day and that failure to do so will result in the provisional ballot not being counted.
- 82nd Session (2023) – 5 – license or identification card issued by this State or another state, the District of Columbia or any territory of the United States or a tribal identification card, the elector may cast a provisional ballot pursuant to subsection 4 if the elector completes a written affirmation on a form provided by an election officer which includes:
(a) A statement in which the person affirms under penalty of perjury that he or she is a qualified elector but has not been issued a driver’s license or identification card by this State or another state, the District of Columbia or any territory of the United States or a tribal identification card;
and (b) A statement informing the voter that a current and valid driver’s license, identification card or interim document issued by the Department of Motor Vehicles or a tribal identification card that demonstrates proof of identity and residency must be provided to the county or city clerk not later than 5 p.m.
on the Friday in the provisional ballot not being counted.re to do so will result 7.
Nothing in this section shall be construed to authorize an elector’s provisional ballot that is cast pursuant to this section to be counted unless the elector provides proof of identity and residency as required pursuant to this section.
(b) Complete the application to register to vote by a method authorized by the county or city clerk pursuant to this paragraph.
authorized by the county or city clerk pursuant to this paragraph.
(c) Except as otherwise provided in subsection 3 [,] or 5, provide his or her current and valid driver’s license or identification card issued by [the Department of Motor Vehicles which shows his or her physical address] this State or another state, the District of - *SB443_R1* – 7 – Columbia or any territory of the United States as proof of the elector’s identity , and if the photo identification was issued by the Department of Motor Vehicles and shows the elector’s current residential address, as proof of the elector’s identity and residency.
- 82nd Session (2023) – 6 – provide his or her [current] :vided in [subsection 3,] this section, (1) Current and valid driver’s license or identification card issued by [the Department of Motor Vehicles which shows his or her physical address] this State or another state, the District of Columbia or any territory of the United States as proof of the elector’s identity , and if the driver’s license or identification card was issued by the Department of Motor Vehicles and shows the elector’s current residential address, as proof of the elector’s identity and residency [.] ;
or (2) Tribal identification card as proof of the elector’s identity and, if the tribal identification card shows the elector’s current residential address, as proof of the elector’s identity and residency.
If the driver’s license or identification card was not issued by the Department of Motor Vehicles to the elector or does not have the elector’s current residential address, an original, electronic or certified copy of the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:
If the elector’s driver’s license or identification card was issued by the Department of Motor Vehicles [to the elector] but does not have the elector’s current residential address, an original, to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:
(g) A motor vehicle registration;
or (i) Any other document issued by a governmental agency.
or;
(i) Any other document issued by a governmental agency.
[Subject] Except as otherwise provided in subsection 5, subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:
[Subject] Except as otherwise provided in subsection 5 or 6, subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:
and (2) The verification of the elector’s identity and residency pursuant to this section.
and - 82nd Session (2023) – 7 – pursuant to this section.on of the elector’s identity and residency (b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:
(b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:
If an elector who appears to vote does not have a driver’s license or identification card issued by this State or another state, the District of Columbia or any territory of the United States or a social security number, the elector may cast a provisional ballot, - *SB443_R1* – 8 – as defined in NRS 293.3078, pursuant to NRS 293.3078 to 293.3086, inclusive.
If an elector who appears to vote provides as proof of identity a driver’s license or identification card that was not issued by the Department of Motor Vehicles or provides a tribal identification card that does not have the elector’s current residential address, the elector may cast a provisional ballot pursuant to subsection 4 if the elector completes a written affirmation on a form provided by an election officer which includes:
In addition to the affirmation required pursuant to NRS 293.3082, the elector must complete a written affirmation on a form provided by an election officer which includes a statement in which the person affirms under penalty of perjury that he or she is a qualified elector but has not been issued a driver’s license or identification card by this State or another state, the District of Columbia or any territory of the United States and does not have a social security number.
(a) A statement in which the person affirms under penalty of per(b) A statement informing the voter that a current and valid driver’s license, identification card or interim document issued by the Department of Motor Vehicles or a tribal identification card that demonstrates residency must be provided to the county or city clerk not later than 5 p.m.
Sec.
on the Friday immediately following election day and that failure to do so will result in the provisional ballot not being counted.
6.
If an elector who appears to vote does not have a driver’s license or identification card issued by this State or another state, the District of Columbia or any territory of the United States or a tribal identification card, the elector may cast a provisional ballot pursuant to subsection 4 if the elector completes a written affirmation on a form provided by an election officer which includes:
(a) A statement in which the person affirms under penalty of a driver’s license or identification card by this State or anotherued state, the District of Columbia or any territory of the United States or a tribal identification card;
and (b) A statement informing the voter that a current and valid driver’s license, identification card or interim document issued by the Department of Motor Vehicles or a tribal identification card that demonstrates proof of identity and residency must be provided to the county or city clerk not later than 5 p.m.
on the Friday - 82nd Session (2023) – 8 – immediately following election day and failure to do so will result in the provisional ballot not being counted.
7.
Nothing in this section shall be construed to authorize an elector’s provisional ballot that is cast pursuant to this section to residency as required pursuant to this section.
identity and Sec.
to 5 p.m.
to p.m.
In a county whose population is 100,000 or more, the Department shall not require a person to have an appointment for the issuance or renewal of any type of driver’s license or identification card issued by the Department:
In a county whose population is 100,000 or more, the Department shall not require a person to have an appointment for identification card issued by the Department:’s license or (a) During the 2 weeks immediately preceding the last day to register to vote by mail pursuant to NRS 293.560 for a primary election, presidential preference primary election or general election;
(a) During the 2 weeks immediately preceding the last day to register to vote by mail pursuant to NRS 293.560 for a primary election, presidential preference primary election or general election;
- *SB443_R1* – 9 – (c) “Primary election” has the meaning ascribed to it in NRS 293.080.
(c) “Primary election” has the meaning ascribed to it in NRS 293.080.
- 82nd Session (2023) – 9 – Sec.
3.5.
1.
There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles the sum of $15,449 for the costs of additional security services for the extended hours of operation required by NRS 481.057, as amended by section o2.thiAny remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 19, 2025.
regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
and (b) On January 1, 2024, for all other purposes.
and (b) On May 1, 2024, for all other purposes.
H - *SB443_R1*
3.
Section 3.5 of this act becomes effective on July 1, 2024.
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Vetoed by the Governor. (Return to 83rd Session)

  2. Enrolled and delivered to Governor.

  3. In Senate. To enrollment.

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

  5. From committee: Do pass. Placed on Second Reading File. Read second time.

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

  7. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 817.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 13, Nays: 8.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly.

  8. From printer. To engrossment. Engrossed. First reprint. To committee.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 519.) Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.

  10. Notice of eligibility for exemption.

  11. From printer. To committee.

  12. 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.

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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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Frequently asked questions

Who sponsors SB 443?
SB 443 is sponsored by Senate Committee on Legislative Operations and Elections.
What is the current status of SB 443?
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.
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