AB 246 — Revises provisions governing elections. (BDR 24-821)
Last action — Vetoed by the Governor.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1272 added · 1324 removed1272 line(s) added, 1324 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2023) FIRST REPRINT A.B.
246246–Assemblymen ASSEMBLYTorres, BILLMarzola, NOWatts, .González;
246–ASSEMBLYMENAnderson, TORRESBackus, ,Bilbray-Axelrod, MARZOLABrown- ,May, WCarter, ATTS,Cohen, GConsidine, ONZÁLEZ;D’Silva, Duran, Brittney Miller, C.H.
AMiller, NDERSONMonroe-Moreno, ,Mosca, BNewby, ACKUSNguyen, ,Peters, BSummers-Armstrong ILBRAY-and AXELRODTaylor ,CHAPTER.......... BROWN -M AY, C ARTER, COHEN , CONSIDINE, D’SILVA, D URAN , BRITTNEY M ILLER, C.H.
M ILLER, M OSCA, NEWBY , NGUYEN , PETERS, S UMMERS - ARMSTRONG AND TAYLOR M ARCH 3, 2023 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions governing elections.
(BDR 24-821) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTA(OTREQUESTED AFFECTLOCALGOVERNME)T13,18,21,26,27) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
making an appropriation to the Office of the Secretary of State for certain expenses relating to language access and the establishment of a toll-free telephone number;
- *AB246_R1* – 2 – LegExisting law requires each voting system used by a county or city to provide voting materials in English and every language in which voting materials are required to be prepared pursuant to federal law.
NRS 293.2699) Section 5 of this bill requires the Secretary of State to ensure that voting materials and other elections information are posted or made available at a polling placebefore inJanuary 1 of each odd-numbered year, to review certain languages.data on persons who or are members of a minority group and are of limited-English proficiency in the State.
SectionBased 5on further requires the Secretaryreview of State,such ondata, orunder beforecertain Januarycircumstances, 1the Secretary of eachState odd-numberedand year, to review certain datacounty onand personscity whoclerks are membersrequired ofto aensure minoritythat groupvoting and11-16, are18, of19 limited-Englishand proficiency26-28.5 in the of Statethis andbill certainmake countyconforming andchanges city clerks are required to ensurerequire thatthatons votingetarycertain elections materials andbe otheravailable information are provided in certainsuch other languages.
Sections- 11-16,82nd 18,Session 19(2023) and– 26-28.52 – Section 37.5 of this bill makerequires conformingthe changesSecretary toof requireState thatto review certain electionsdata in sufficient time for voting materials to be availableprepared infor suchthe languages.2024 General Election.
SectionSections 37.52-4 of this billbill, requiresrespectively, define the Secretaryterms of“limited-English Stateproficiency,” to“minority reviewgroup” certainand data“voting inmaterials.” sufficientSection time9 forof votingthis materialsbill makes a conforming change to beindicate preparedthe forproper placement of sections 2-4 in the 2024Nevada GeneralRevised Election.Statutes.
Sections 2-4 of this bill, respectively, define the terms “limited-English proficiency,” “minority group” and “voting materials.” Section 9 of this bill makes a conforming change to indicate the proper placement of sections 2-4 in the Nevada RevSection 6 of this bill requires the Secretary of State and authorizes a county clerk to establish a toll-free telephone number which may be used by any person to receive language interpretation or translation assistance relating to an election.
Section 8 of this bill requires the Secretary of State to include on all forms for an application to preregister or register to vote certain language authorizing a person who registers to vote to request a sample ballot in a language other than EngExistingEnglish. law requires each county and city clerk to appoint registered voters to act as election board officers for the various polling places in the county or city, as applicable.
Existing law requires each county and city clerk to appoint registered voters to act as election board officers for the various polling places in the county or city, as applicable.
(NRS 293.507) Section 17 of this bill requires the Secretary of State to include on each such application a line on which to enter the applicant’s state or country of birth and a language preference.
Section 20 of this bilExistingbill law requires thesuch Secretaryinformation of State to establishbe aincluded system on the Internett.statewide voter registration list.
Existing law requires the Secretary of State to establish a system on the Internet website of the Office of the Secretary of State to allow persons by computer to preregister and register to vote, cancel such preregistration or registration, update such preregistration or registration and determine at what polling place or places he or she is entitled to vote.
Section 21 of this bill provides that if the mechanical voting system used in a county or city is capable of providing a registered voter’s ballot in the preferred language of the voter other than English, the county or city clerk, as applicable,dapplicable, shall ensure that the list of offices and candidates and the statement of ballot measures for which the voter is entitled to vote is in that preferred language.
Section 34 of this bill creates the Language Access Advisory Committee within the Office of the Secretary of State, consisting of the Secretary of State or his or her -Committee *AB246_R1*to: – 3 – designee, and certain other members.
Section(1) 35identify ofcertain thisprograms billand requiresservices thethat Advisoryaddress Committeelanguagesory to:accessibility of elections and voting materials;
(1)(2) identifycoordinate certainwith programscommunity andorganizations servicesto thatdetermine address language accessibility of elections and voting materials;
(2) coordinate with community (3) act as a liaison between the Office of the Secretary of State and communityials;community organizations;
organizations;
(1) requires the Secretary of State to appoint the initial members of the Advisory Committee before January 1, 2024;
and (2) staggers the terms of the initialoryinitial members.
- 82nd Session (2023) – 3 – Section 36.7 of this bill makes an appropriation to the Office of the Secretary the establishment of the toll-free telephone number required pursuant to section 6.nd Sections 23 and 24 of this bill make conforming changes to indicate the proper placement of section 22 in the Nevada Revised Statutes.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“Voting materials” means any material related to voter registration, elections and the electoralfollowing process,written including,materials: without limitation, applications to register to vote, ballots, mail ballots, sample ballots, instructions and other forms.
1.
Applications to preregister or register to vote;
2.
Ballots and the instructions for the use of such ballots, including, without limitation, mail ballots, sample ballots and provisional ballots;
Show all 229 changed lines (189 more)
3.
Voting instructions;
4.
Information and instructions relating to the location of polling places, including, without limitation, vote centers, permanent polling places for early voting and temporary branch polling places and the hours during which such polling places will be open;
5.
Any notices required to be provided for an election pursuant to title 24 of NRS;
6.
Ballot questions;
7.
Any forms prepared for an election to assist voters;
and 8.
Any other voting materials the Secretary of State requires to be translated by a regulation adopted pursuant to section 5 of this act.
The Secretary of State shall ensure that voting materials and other elections information that is posted on the Internet website of the Office of the Secretary of State or the system of approved electronic transmission established pursuant to NRS- 293D.20082nd isSession available(2023) on– such4 website– and system of approved electronic transmission in any language in which voting materials are required to be prepared pursuant to 52 U.S.C.
If such a certified translator is not available to translate the information required pursuant to this subsection, the Secretary of State shall make a continuous - *AB246_R1* – 4 – effort to find such a certified translator or coordinate with the minority group for translation assistance.
Each county clerk and city clerk shall ensure that the Internet website of the county or city clerk, as applicable, has posted in a prominent location a link to the information on the website of the Office of the Secretary of State required pursuant to subsectionsub3.ctThe 1.Secretary of State shall, on or before January 1 of each odd-numbered year, review data on persons who are members of a minority group and are of limited-English proficiency in the State, based on the American Community Survey conducted by the Bureau of the Census of the United States Department of Commerce or language preference information collected by the Secretary of State.
3.
The Secretary of State shall, on or before January 1 of each odd-numbered year, review data on persons who are members of a minority group and are of limited-English proficiency in the State, based on the American Community Survey conducted by the Bureau of the Census of the United States Department of Commerce or language preference information collected by the Secretary of State.
(a) The Secretary of State finds that there are at least 5,000 qualified electors in this State who are members of a minority group and are of limited-English proficiency, the Secretary of State shall ensure that voting materials and other elections information that are posted on the Internet website of the Office of the Secretary of State or set forth in the system of approved electronic transmission established pursuant to NRS 293D.200 are available in the language or languages of the minority group.
If such a certified translator is not available to translate the information required pursuant to this paragraph, the Secretary of State shall make- 82nd Session (2023) – 5 – coordinate with the minority group for translation assistance.r (b) Except as otherwise provided in this paragraph, the Secretary of State finds that there are at least 20,000 qualified electors in this State who are members of a continuousminority effortgroup and are of limited-English proficiency, the Secretary of State shall collaborate with each county clerk to findensure suchthat voting materials and other elections information that are required to be posted or made available at a certifiedpolling translatorplace or coordinateon withthe Internet website of the minoritycounty groupclerk forare translationposted assistance.or available in the language or languages of the minority group.
(b)If Exceptany assuch otherwiselanguage provideddoes innot thishave paragraph, the Secretary of State finds that there are at least 20,000 qualified electors in this State who are members of a minoritystandard groupwriting andsystem, are of limited-English proficiency, the Secretary of State shall notify each county clerk and each county clerk shall cooperate with the Secretary of State to ensure that voting materials and other elections information that are required to be posted or made available atmust abe pollingset placeforth orin onan theaudio Internetrecording website of the county clerk are posted or available in the languagelanguage. or languages of the minority group.
IfExcept anyas suchotherwise languageprovided doesin notthis haveparagraph, a standard writing system, the informationSecretary requiredof toState beshall posteduse ora madetranslator -who *AB246_R1*is –certified 5in –the availablespecific mustlanguage beto settranslate forththe ininformation anrequired audiopursuant recordingto inthis theparagraph. language.
ExceptIf assuch otherwisea providedcertified intranslator thisis not paragraph, eachthe countySecretary clerkof State shall usemake a translatorcontinuous whoeffort isto certifiedfind insuch thea specificcertified languagetranslator toor translatecoordinate with the informationminority requiredgroup pursuantfor totranslation thisassistance. paragraph.
If such a certified translator is not available to translate the information required pursuant to this paragraph, the county clerk shall make a continuous effort to find such a certified translator or coordinate with the minority group for translation assistance.
(c) The Secretary of State finds that there are at least 5,000 qualified electors in a county who are members of a minority group and are of limited-English proficiency, the Secretary of State shall notify the county clerk and the county clerk shall ensure that voting materials and other elections information that are required to be posted or made available at a polling place or on the Internet website of the county clerk are posted or available in the language or languages of the minority group.
Except as otherwise provided in this- paragraph,82nd theSession county(2023) clerk– shall6 use– a translator who is certified in the specific language to translate the information required pursuant to this paragraph.
If any such language does not - *AB246_R1* – 6 – have a standard writing system, the information required to be posted or made available must be set forth in an audio recording the city clerk shall use a translator who is certified in the language.specific language to translate the information required pursuant to this paragraph.
Except as otherwise provided in this paragraph, the city clerk shall use a translator who is certified in the specific language to translate the information required pursuant to this paragraph.
4.
The Secretary of State may adopt regulations requiring any additional voting material that must be translated pursuant to this section.
and (b) Post the toll-free telephone number established pursuant to paragraph (a) on the Internet website of the Office of thethesuant to Secretary of State.
and (b)- If82nd suchSession a(2023) toll-free– telephone7 number– is established pursuant to paragraph (a), post the toll-free telephone number on the Internet website of the county clerk.
The Secretary of State shall include on all forms for an application to preregister or register to vote prescribed by the Secretary of State, including, without limitation, a paper application and the form set forth on the system established by the Secretary of State pursuant to NRS 293.671 to allow persons to register to vote by computer, the following language in at least 14- point bold type:
- *AB246_R1* – 7 – [ ] CHECK THIS BOX TO RECEIVE A SAMPLE BALLOT IN A LANGUAGE OTHER THAN ENGLISH AND INCLUDE THE PREFERRED LANGUAGE HERE __________ 6 PLEASE NOTE THAT NOT ALL LANGUAGES ARE AVAILABLE, BUT LANGUAGE INFORMATION THAT IS COLLECTED WILL HELP DETERMINE THE LANGUAGE NEEDS OF VOTERS AND THE SERVICES PROVIDED BY THE STATE, COUNTY AND CITY.
Except as otherwise provided in this subsection, the county clerk and city clerk of the county and city where the voter is registered to vote must provide the voter who has indicated aas preferred language other than English with a sample ballot in the preferred language.
- 82nd Session (2023) – 8 – 293.010 NAs used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.016 to 293.121, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.
9.
NRS 293.010 is hereby amended to read as follows:
293.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.016 to 293.121, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.
Sec.
No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer.requested by the county clerk, the sheriff shall:s are appointed, if (a) Appoint a deputy sheriff for each polling place in the county and for the central election board or the mail ballot central counting board;
Immediatelyor after(b) Deputize as a deputy sheriff for the election an election board officersofficer areof appointed,each ifpolling requestedplace byin the county clerk,and for the sheriffcentral shall:election board or the mail ballot central counting board.
(a) Appoint a deputy sheriff for each polling place in the county and for the central election board or the mail ballot central counting board;
or (b) Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central - *AB246_R1* – 8 – election board or the mail ballot central counting board.
293.2549each 1.city clerk shall:retary of State, each county clerk and (a) Make the Voters’ Bill of Rights readily available to the public;
The Secretary of State, each county clerk and each city clerk shall:
(a) Make the Voters’ Bill of Rights readily available to the public;
and - 82nd Session (2023) – 9 – (d) Ensure that the Voters’ Bill of Rights is available in all of the languages that voting materials are required to be provided in pursuant to section 5 of this act.
The Secretary of State shall ensure that the Voters’ Bill of Rights is posted on the Secretary of State’s Internet website [.] and available in all of the languages that voting materials are requiredrequiredd to be provided in pursuant to section 5 of this act.
For the purposes of this subsection, there is a significant and substantial need for voting materials to be provided in the language or languages of a minority group if, without limitation, the minority group has been subject to historical discrimination and unequal educational opportunities, and, - *AB246_R1* – 9 – as a result, members of the minority group are of limited-English proficiency.
members of the minority group are of limited-English [3.
Except as otherwise provided in this section, the county clerk shall prepare and distribute to each active registered voter in the county and each person who registers to vote or updates his or her voter registration information not later than the 14 days before- 82nd Session (2023) – 10 – shall make reasonable accommodations for the electionuse of the mail balloterk by a person who is elderly or disabled, including, without limitation, by providing, upon request, the mail ballot forin every12-point election.type to a person who is elderly or disabled.
The county clerk shall make reasonable accommodations for the use of the mail ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the mail ballot in 12-point type to a person who is elderly or disabled.
(a) Registers to vote for the election pursuant to the provisions of NRS 293.5772 to 293.5887, inclusive;
ororpursuant to the provisions (b) Elects not to receive a mail ballot pursuant to subsection 2.
- *AB246_R1* – 10 – (b) Each active registered voter who registers to vote after the dates set for distributing mail ballots pursuant to paragraph (a) but who is eligible to receive a mail ballot pursuant to subsection 1, not later than 13 days before the election.
(c) Each covered voter who is entitled to have a military- overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.
- 82nd Session (2023) – 11 – 7.
293.3025 The Secretary of State and each county and city clerk shall ensure that a copy of each of the following is posted in aak conspicuous place at each polling place on election day:
The toll-free telephone number established by the Secretary of State and, if applicable, the toll-free number established by the county clerk pursuant to section 6 of this act for obtaining language interpretation or translation assistance relatingrel8.ingGeneral toinformation theconcerning election;federal and state laws which prohibit acts of fraud and misrepresentation;
8.and [7.] 9.
General information concerning federal and state laws which prohibit acts of fraud and misrepresentation;
and - *AB246_R1* – 11 – [7.] 9.
(c)- A82nd currentSession list(2023) of– the12 registered– voters in this State that also indicates the petition district in which each registered voter resides;
If the information required to be maintained by the Secretary of State pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by a county clerk or city clerk, the Secretary of State may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.
[and] - *AB246_R1* – 12 – (b) The abstract of votes required pursuant to the provisions of NRSNRS(c) 293.388The [.]toll-free ;telephone number established by the Secretary of State and, if applicable, the toll-free number established by the county clerk pursuant to section 6 of this act.
and (c) The toll-free telephone number established by the Secretary of State and, if applicable, the toll-free number established by the county clerk pursuant to section 6 of this act.
The information required to be maintained by a county clerk pursuant to subsection 1 shall be available on the website in all- of82nd theSession languages(2023) that– voting13 materials– are required to be prepared in the county pursuant to section 5 of this act.act.o be 4.
4.
The county clerks shall provide forms for applications to preregisternumber orprescribed registerby tothe voteSecretary toof fieldState.istrars registrars in the form and number3. prescribed by the Secretary of State.
3.
(1) The number indicated on the applicant’s current and valid driver’s license issued by the Department of Motor Vehicles, if the applica(2) The last four digits of the applicant’s social security number, if the applicant hasdoes suchnot have a driver’s license;license issued by the Department of Motor Vehicles and does have a social security number;
- *AB246_R1* – 13 – (2) The last four digits of the applicant’s social security number, if the applicant does not have a driver’s license issued by the Department of Motor Vehicles and does have a social security number;
(b)- A82nd lineSession on(2023) which– to14 enter– the address at which the applicant actually resides, as set forth in NRS 293.486.
which the applicant (c) A notice that the applicant may not list a business as the address required pursuant to paragraph (b) unless the applicant actually resides there.
Upon receipt of the affidavit, the county clerk shall issue an identification number to the applicant which must be the same number as the unique identifier assigned to thethe6. applicant for purposes of the statewide voter registration list.
6.The Secretary of State shall adopt regulations to carry outst.
The Secretary of State shall adopt regulations to carry out the provisions of subsections 3, 4 and 5.
(c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.121 or 295.230, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;que(d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 or 295.121;
(d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and - *AB246_R1* – 14 – rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 or 295.121;
If, pursuant to the provisions of NRS 293.2565, the word “Incumbent” must appear on the ballot next to the name of the candidate who is the incumbent, the word “Incumbent” must appear on- the82nd sampleSession (2023) – 15 – incumbent.ple ballot next to the name of the candidate who is the incumbent.3.
3.
Such a system may include, without limitation, electronic mail or electronic access through an Internet website.
If a county clerk establishes such aacess system and a registered voter elects to receive a sample ballot by electronic means, the county clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.
If the location of the polling place or places has changed sincesin(a) The county clerk shall mail a notice of the lastchange election:to each registered voter in the county not sooner than 10 days before distributing the sample ballots;
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before distributing the sample ballots;
- *AB246_R1* – 15 – 2 NOTICE:
THE LOCATION OF YOUR POLLING PLACE OR PLACES HAS CHANGED SINCE THE LAST ELECTION 5- 7.82nd Session (2023) – 16 – of an election, the county clerk is not required to distribute to thete person the sample ballot for that election by mail or electronic means.
If a person registers to vote less than 20 days before the date of an election, the county clerk is not required to distribute to the person the sample ballot for that election by mail or electronic means.
TO RECEIVE A SAMPLE BALLOT IN A LANGUAGELANG(Insert OTHER THAN ENGLISH, CALL (Insert appropriate telephone number) PLEASE NOTE THAT NOT ALL LANGUAGES ARE AVAILABLE, BUT LANGUAGE INFORMATION THAT IS COLLECTED WILL HELP DETERMINE THE LANGUAGE NEEDS OF VOTERS AND THE SERVICES PROVIDED BY THE STATE AND COUNTY 9.
The sample ballot distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be prepared in at11. least 14-point type, or larger when practicable.
11.
If a person requests a sample ballot in a language other than English and the county clerk is required to provide voting materials in such language pursuant to section 5 of this act, the county clerk shall ensure that all sample ballots distributed to that - *AB246_R1* – 16 – person in the future are provided in the preferred language.
If, pursuant to section 5 of this act, a county clerk is not required to provide- voting82nd materialsSession in(2023) the– preferred17 language– of the voter, the county clerk must provide the voter with a sample ballot ininoter, the English until the clerk is required, pursuant to section 5 of this act, to provide voting materials in such language.
In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall for include in the sample ballot a statement indicating:
The Secretary of State shall establish a system on the Internet website of the Office of the Secretary of State to allow personsper(a) byPreregister computerand to:register to vote;
(a) Preregister and register to vote;
- *AB246_R1*82nd –Session 17(2023) – (b)18 Be– accessible in each language in which the Secretary of State is required to provide information and voting materialsmaterialsof pursuant to section 5 of this act;
4.(a) Any additional warnings regarding the penalties forem:
Thesubmitting Secretarya offalse Stateapplication; shall not include on the system:
(a) Any additional warnings regarding the penalties for submitting a false application;
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 be clerk.
(d)- Contain82nd theSession name(2023) ,– state19 or– country of birth, language preference and other registration information of every legally registered voter in this State;
- *AB246_R1* – 18 – (e) Include a unique identifier assigned by the Secretary of State to each legally registered voter in this State;
(a) Electronically enter into the 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 inf(b) Provide the Secretary of State with information isconcerning providedthe tovoter registration of the county or city clerk;and other reasonable information requested by the Secretary of State in the form required by the Secretary of State to establish or maintain the statewide voter registration list.
and (b) Provide the Secretary of State with information concerning the voter registration of the county or city and other reasonable information requested by the Secretary of State in the form required by the Secretary of State to establish or maintain the statewide voter registration list.
§ 21083, to verify the accuracy of information in an applicationapp7. to register to vote.
7.
and (b) Does not limit the number of applications to register to vote, applications to update voter registration information or requests to verify- the82nd accuracySession of(2023) voter– registration20 information– that may be processed by the database in any given day.day.nformation that may be 8.
8.The Secretary of State shall enter into a cooperative agreement with the State Registrar of Vital Statistics to match information in the database of the statewide voter registration list with information in the records of the State Registrar of Vital Statistics concerning the death of a resident of this State to maintain the statewide voter registration list.
The Secretary of State shall enter into a cooperative agreement with the State Registrar of Vital Statistics to match information in the database of the statewide voter registration list with information in the records of the State Registrar of Vital - *AB246_R1* – 19 – Statistics concerning the death of a resident of this State to maintain the statewide voter registration list.
10.
The Secretary of State may:
If the mechanical voting system used in a county or city is capable of providing a registered voter’s ballot in the preferred language of the voter other than English, the county or city clerk, as applicable, shall ensure that the list of offices and candidates andvote theis statementsin ofthat measurespreferred forlanguage.which which the voter is entitled to voteSec. is in that preferred language.
Sec.
Sec.- 82nd Session (2023) – 21 – 293C.110 NRS 1.
23.
NRS 293C.110 is hereby amended to read as follows:
293C.110 1.
The governing body of the city may provide for the conduct of early voting by personal appearance in a city election pursuant to - *AB246_R1* – 20 – NRS 293.5772 to 293.5887, inclusive, and 293C.355 to 293C.361, inclusive [.] and section 22 of this act.
or (b) The election is a primary city election or general city electionelectio(1) inOffices whichand ballot questions that may be voted on by the ballotregistered includesvoters only:of only one ward;
(1) Offices and ballot questions that may be voted on by the registered voters of only one ward;
No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer.
or (b) Deputize, as an officer for the election, an election board officer for each polling place and for the central election board and - 82nd Session (2023) – 22 – not receive any additional compensation for the mailservices ballothe centralor countingshe board.provides as an officer during the election for which the officer is deputized.
The deputized officer may not receive any additional compensation for the services he or she provides as an officer during the election for which the officer is deputized.
Except as otherwise provided in this section, the city clerk shall prepare and distribute to each active registered voter - *AB246_R1* – 21 – in the city and each person who registers to vote or updates his or her voter registration information not later than the 14 days before the election a mail ballot for every election.
The city clerk shall make reasonable accommodations for the use of the mail ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the mail ballot in 12-point type to a person whovoting materials pursuant to section 5 of this act in a languagede that a registered voter has indicated is elderlyhis or disabled.her preferred language, the city clerk shall prepare and distribute a mail ballot and all relevant materials and instructions for voting the mail ballot in the preferred language of the voter.
If a city clerk is required to provide voting materials pursuant to section 5 of this act in a language that a registered voter has indicated is his or her preferred language, the city clerk shall prepare and distribute a mail ballot and all relevant materials and instructions for voting the mail ballot in the preferred language of the voter.
4.measures upon which the voter is entitled to vote at the election.
The mail ballot must include all offices, candidates and measures upon which the voter is entitled to vote at the election.
- 82nd Session (2023) – 23 – (b) Each active registered voter who registers to vote after the dates set for distributing mail ballots pursuant to paragraph (a) but who is eligible to receive a mail ballot pursuant to subsection 1, not later than 13 days before the election.
(c) Each covered voter who is entitled to have a military- overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.
- *AB246_R1* – 22 – 7.
2.by electronic means pursuant to subsection 1, the city clerk shallallot distribute the sample ballot to the registered voter by mail.
If a registered voter does not elect to receive a sample ballot by electronic means pursuant to subsection 1, the city clerk shall distribute the sample ballot to the registered voter by mail.
NOTICE:- 82nd Session (2023) – 24 – NOPLACES HAS CHANGED SINCE THE LAST ELECTIONR 4.
THE LOCATION OF YOUR POLLING PLACE OR PLACES HAS CHANGED SINCE THE LAST ELECTION 4.
and] - *AB246_R1* – 23 – (c) Include on the front page, in a separate box created by bold lines, a notice prepared in at least 20-point bold type that states:
4LARGE NOTICE:TYPE, CALL (Insert appropriate telephone number) (d) Include on the front page, in a separate box created by bold lines, a notice that states:
TO RECEIVE A SAMPLE BALLOT IN LARGE TYPE, CALL (Insert appropriate telephone number) 7 (d) Include on the front page, in a separate box created by bold lines, a notice that states:
TO RECEIVE A SAMPLE BALLOT IN A LANGUAGE OTHER THAN ENGLISH, CALL (Insert appropriate telephone number) PLEASE NOTE THAT NOT ALL LANGUAGES ARE AVAILABLE, BUT LANGUAGE INFORMATION THAT IS COLLECTED WILL HELP DETERMINE THE LANGUAGE NEEDS OF VOTERS AND THE SERVICES PROVIDED BY THE STATE AND CITY 6.next to the name of the candidate who is the incumbent, if required pursuant to NRS 293.2565.
The word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent, if required pursuant to NRS 293.2565.
The sample ballot distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant- to82nd NRSSession 293.508,(2023) or– in25 any– other manner, must be prepared in at least 14-point type, or larger when practicable.practicable.be prepared 9.
9.
The city clerk shall ensure that a sample ballot is available at each polling place, including, without limitation, a - *AB246_R1* – 24 – polling place for early voting in each language in which the city clerk is required to provide information and voting materialsmaterialscity pursuant to section 5 of this act.
(b) The types of specially equipped voting devices available at suc(c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting locations;location rather than at the voter’s regularly designated polling place or places.
and (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at the voter’s regularly designated polling place or places.
If a city clerk maintains a website on the Internet for information relating to elections, the website must contain public information maintained, collected or compiled by the city- clerk82nd thatSession (2023) – 26 – limitation:that relates to elections, which must include, without limitation:(a) The locations of polling places for casting a ballot on election day in such a form that a registered voter may search the list to determine the location of the polling place or places at which the registered voter is entitled to cast a ballot;
(a) The locations of polling places for casting a ballot on election day in such a form that a registered voter may search the list to determine the location of the polling place or places at which the registered voter is entitled to cast a ballot;
The information required to be maintained by a city clerk pursuant to subsection 1 shall be available on the website in all of the languages that voting materials are required to be prepared in the4.ityIf the information required to be maintained by a city clerk pursuant to sectionsubsection 51 may be obtained by the public from a website on the Internet maintained by the Secretary of thisState, act.a county clerk or another city clerk, the city clerk may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.
- *AB246_R1* – 25 – 4.
If the information required to be maintained by a city clerk pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by the Secretary of State, a county clerk or another city clerk, the city clerk may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.
The Secretary of State shall establish a system of approved electronic transmission through which covered voters may apply for, receive and send documents and other information pursuant to this include, without limitation, a method by which a covered voter may provide his or her digital signature or electronic signature on any document or other material that is necessary for the covered voter to register to vote, apply for a military-overseas ballot or cast a military-overseas ballot pursuant to this chapter.
The system of approved electronic transmission must include, without limitation, a method by which a covered voter may provide his or her digital signature or electronic signature on any document or other material that is necessary for the covered voter to register to vote, apply for a military-overseas ballot or cast a military-overseas ballot pursuant to this chapter.
- 82nd Session (2023) – 27 – 3.
The Secretary of State shall develop standardized absentee- voting materials, including, without limitation, privacy and transmission envelopes and their electronic equivalents, authentication materials and voting instructions, to be used with the military-overseas ballot of a covered voter authorized to vote in any jurisdiction in this State and, to the extent reasonably possible, shall do so in coordination with other states.
The Secretary of State shall prescribe by regulation the duties of a local elections official upon receipt of a military-overseas - *AB246_R1* – 26 – ballot, including, without limitation, the procedures to be used by a local elections official in accepting, handling and counting a military-overseas ballot.
(a) The person would have been able to preregister to vote pursuant to NRS 293.4855 except for the residency requirement;
(a)- Include82nd anySession Sunday(2023) or– federal28 holiday– thatperiod for early voting by personal appearance.at falls within the period(b) Require a permanent polling place for early voting byto personalremain appearance.open until 8 p.m.
(b) Require a permanent polling place for early voting to remain open until 8 p.m.
Chapter 225 of NRS is hereby amended by adding theretoact.eto the provisions set forth as sections 31 to 36, inclusive, of this act.Sec.
Sec.
- *AB246_R1* – 27 – Sec.
(b) The registrar of voters of each county that has created the office of registrar of voters pursuant to NRS 244.164;
created the (c) A county clerk of a county whose population is less than 100,000, appointed by the Secretary of State;
- 82nd Session (2023) – 29 – (b) Select the Chair of the Advisory Committee from among its members;
4.his or her Office as he or she deems necessary to assist thes of Advisory Committee in its duties.
The Secretary of State may assign such other employees of his or her Office as he or she deems necessary to assist the Advisory Committee in its duties.
- *AB246_R1* – 28 – (c) Act as liaison between the Office of the Secretary of State and(d) Makety oannualatioassessments to determine language accessibility programs and communityservices organizations;that could be implemented for the election process;
(d) Make annual assessments to determine language accessibility programs and services that could be implemented for the election process;
- 82nd Session (2023) – 30 – 2.
A majority of the members of the Advisory Committee constitutecon4.itAs aused quorum.in this section, “remote technology system” has the meaning ascribed to it in NRS 241.015.
4.
As used in this section, “remote technology system” has the meaning ascribed to it in NRS 241.015.
and (2) NRS 7.155, 34.750, 176A.640, 179.225 and 213.153, except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for(c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for thoseInsurance purposesPremiums hasis beeninsufficient exhausted;to pay the claims;
- *AB246_R1* – 29 – (c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims;
For the purpose of exercising any authority granted to the Clerk of the - 82nd Session (2023) – 31 – State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board or the person designated by the Clerk.
General Fund to the Office of the Secretary of State for personnel, travel expenses, operating expenses, equipment and information services expenses, vendor services relating to the expansion of language access and the establishment of a toll-free telephone number required by section 6 of this act the following sums:
For the Fiscal Year 2023-2024..................................$240,244 For the Fiscal Year 2024-2025..................................$209,332 2.
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years 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 20, 2024, and September 19, 2025, respectively, 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 General Fund on or before September 20, 2024, and September 19, 2025, respectively.
2.members of the Language Access Advisory Committee must behis act, the appointed to serve initial terms as follows:
Notwithstanding the provisions of section 34 of this act, the members of the Language Access Advisory Committee must be appointed to serve initial terms as follows:
- 82nd Session (2023) – 32 – additional expenses of a local government that are related to the provisions of this act.
38.
The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec.
Section 36.7 of this act becomes effective on July 1, 2023.
3.
-(a) *AB246_R1*Upon –passage 30and –approval for the purpose of adopting any regulations and performing any other preparatory administrativeyadministrative tasks that are necessary to carry out the provisions of this act;
H~~~~~ 23 - *AB246_R1*82nd Session (2023)
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View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
3 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Vetoed by the Governor.
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Enrolled and delivered to Governor.
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Read third time. Passed, as amended. Title approved. (Yeas: 15, Nays: 6.) To Assembly. In Assembly. To enrollment.
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From committee: Do pass. Placed on General File. Taken from General File. Placed on General File for next legislative day.
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From committee: Do pass. Placed on Second Reading File. Read second time. Taken from General File. Re-referred to Committee on Finance. To committee.
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From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 28, Nays: 14.) To Senate. In Senate. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.
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From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. Nos. 797 and 798.) To printer.
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From printer. To engrossment. Engrossed. First reprint. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 382.) To printer.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Legislative Operations and Elections. To printer.
Sponsors
- Selena Torres-Fossett · Primary
- Elaine H. Marzola · Primary
- Howard Watts · Primary
- Cecelia González · Primary
- Natha C. Anderson · Cosponsor
- Shea M. Backus · Cosponsor
- Tracy Brown-May · Cosponsor
- Carter, Max E., II · Cosponsor
- Venicia Considine · Cosponsor
- Reuben D'Silva · Cosponsor
- Brittney M. Miller · Cosponsor
- Daniele Monroe-Moreno · Cosponsor
- Erica Mosca · Cosponsor
- Sabra Newby · Cosponsor
- Duy Nguyen · Cosponsor
- Angela D. Taylor · Cosponsor
- Brittney M. Miller · Cosponsor
- Shondra Summers-Armstrong · Cosponsor
- Sarah Peters · Cosponsor
- Bea Duran · Cosponsor
- Lesley Cohen · Cosponsor
- Shannon Bilbray-Axelrod · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 18 co-sponsors · 45 not signed on
Sponsors (4)
- Torres-Fossett, Selena Democratic
- Marzola, Elaine H. Democratic
- Watts, Howard Democratic
- González, Cecelia Democratic
Co-sponsors (18)
- Anderson, Natha C. Democratic
- Backus, Shea M. Democratic
- Brown-May, Tracy Democratic
- Carter, Max E., II Democratic
- Considine, Venicia Democratic
- D'Silva, Reuben Democratic
- Miller, Brittney M. Democratic
- Monroe-Moreno, Daniele Democratic
- Mosca, Erica Democratic
- Sabra Newby
- Nguyen, Duy Democratic
- Taylor, Angela D. Democratic
- Miller, Brittney M. Democratic
- Summers-Armstrong, Shondra
- Peters, Sarah
- Duran, Bea
- Cohen, Lesley
- Shannon Bilbray-Axelrod
Not signed on (45)
45 members have not signed on to this bill.
Show all 45 →"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.
Subjects
Frequently asked questions
- Who sponsors AB 246?
- AB 246 is sponsored by Torres-Fossett, Selena (Democratic), Marzola, Elaine H. (Democratic), Watts, Howard (Democratic), González, Cecelia (Democratic), Anderson, Natha C. (Democratic), Backus, Shea M. (Democratic), Brown-May, Tracy (Democratic), Carter, Max E., II (Democratic), Considine, Venicia (Democratic), D'Silva, Reuben (Democratic), Miller, Brittney M. (Democratic), Monroe-Moreno, Daniele (Democratic), Mosca, Erica (Democratic), Sabra Newby, Nguyen, Duy (Democratic), Taylor, Angela D. (Democratic), Summers-Armstrong, Shondra, Peters, Sarah, Duran, Bea, Cohen, Lesley, and Shannon Bilbray-Axelrod.
- What is the current status of AB 246?
- 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 AB 246?
- Track AB 246 free on One Click Politics — get push/email alerts when it moves.
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