Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(82nd) A AB246 382 Amendment No.
246–Assemblymen382 Torres,Assembly Marzola,Amendment Watts,to González;Assembly Bill No.
Anderson,246 Backus,(BDR Bilbray-Axelrod,24-821) Brown-Proposed May,by: Carter, Cohen, Considine, D’Silva, Duran, Brittney Miller, C.H.
Miller,Assembly Monroe-Moreno,Committee Mosca,on Newby,Legislative Nguyen,Operations Peters, Summers-Armstrong and TaylorElections CHAPTER..........Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the unfunded mandate not requested by the affected local government to A.B.
246 (§§ 5, 6, 8, 11-13, 18, 21, 26, 27).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
HAC/ERS - Date:
4/21/2023 A.B.
No.
246—Revises provisions governing elections.
(BDR 24-821) Page 1 of 25 *A_AB246_382* Assembly Amendment No.
382 to Assembly Bill No.
246 Page 3 ASSEMBLY B ILLN O.
246–ASSEMBLYMEN TORRES , MARZOLA , W ATTS, GONZÁLEZ ;
ANDERSON , BACKUS , ILBRAY -AXELROD , BROWN -M AY, CARTER , OHEN , CONSIDINE, D’SILVA, DURAN , BRITTNEY M ILLER, C.H.
MILLER, M OSCA, NEWBY , NGUYEN , ETERS, SUMMERS -A RMSTRONG 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.
CONTAINS UNFUNDED MANDATE (§§ 5,6,8,11-13,18, 21,26,27) (NOT REQUESTED BYA FFECTEDLOCAL G OVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring,requiring , under certain circumstances, the Secretary of State, county clerks and city clerks to ensure that voting materials and certain other elections information are posted on certain Internet websites and made available in certain languages;
requiring the Secretary of State [and certain county or city clerks] to establish a toll-free telephone number which may be used for a person to receive language interpretation or translation assistance relating to an election;
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;
LegExistingLegislative lawCounsel’s requiresDigest: 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.
Existing 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 madeAssembly availableAmendment atNo. a polling before January 1 of each odd-numbered year, to review certain data on persons who or are members of a minority group and are of limited-English proficiency in the State.
Based382 on the review of such data, under certain circumstances, the Secretary of State and certain county and city clerks are required to ensureAssembly thatBill votingNo. 11-16, 18, 19 and 26-28.5 of this bill make conforming changes to require thatons certain elections materials be available in such languages.
-246 82ndPage Session4 (2023)made –available 2at –a Sectionpolling 37.5place ofin this bill requires the Secretary of State to review certain datalanguages. in sufficient time for voting materials to be prepared for the 2024 General Election.
Section 5 further requires the Secretary of State , [and county and city clerks to:
(1)] on [an annual basis] or before January 1 of each odd-numbered year, to review certain data on persons who are members of a minority group and are of limited-English proficiency in the State .
[, county or city, as applicable;
and (2)] Based on the review of such data, under certain circumstances , the Secretary of State and certain county and city clerks are required to ensure that voting materials and other 28.5 of this bill make conforming changes to require that certain elections materials be26- available in such languages.
Section 37.5 of this bill requires the Secretary of State to review certain data in sufficient time for voting materials to be prepared for the 2024 General Election.
Section 6 of this bill requires the Secretary of State and [, under certain circumstances,] authorizes a county clerk [and city 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 whowhon registers to vote to request a sample ballot in a language other than English.
(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.
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.
The system isistration required to be user friendly.
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 Committeedesignee, to:and [five] certain other members .
(1)[appointed identifyby certainthe programsSecretary andof servicesState.] thatSection address35 languagesoryof accessibilitythis ofbill electionsrequires andthe votingAdvisory materials;Committee to:
(2)(1) coordinateidentify withcertain communityprograms and services that address organizations to determine language accessibility of elections and voting materials;
- 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.
SectionAssembly 29Amendment ofNo. this bill makes a conforming change to indicate the proper placement of section 7 in the Nevada Revised Statutes.
EXPLANATION382 –to MatterAssembly inBill boldedNo. italics is new;
matter246 betweenPage brackets5 [omittedsection material]7 isin materialthe Nevada Revised Statutes.ming change to beindicate omitted.the proper placement of THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
“Voting materials” means any material related to voter registration, elections and the followingelectoral writtenprocess, materials:including, 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;
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 82nd293D.200 Sessionis (2023)available –on 4such –website and system of approved electronic transmission in [Amharic, English, Korean, Mandarin, Shoshone, Spanish, Tagalog, Thai and Vietnamese and] any language in which voting materials are required to be prepared pursuant to 52 U.S.C.
[The] Except as otherwise provided in this subsection, the Secretary of State shall use a translator who is certified in the specific language to translate the information required pursuant to this subsection.
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 sub3.ctThesubsection Secretary1. 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 [and each county clerk and city clerk] shall, on [an annual basis,] 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, [county or city, as applicable.] 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 [1,400 registered voters in] 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.
ExceptAssembly asAmendment otherwiseNo. provided in this paragraph, the Secretary of State shall use a translator who is certified in the specific language to translate the information required pursuant to this paragraph.
If382 such a certified translator is not available to translateAssembly theBill informationNo. required pursuant to this paragraph, the Secretary of State shall - 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 minority group and are of limited-English proficiency, the Secretary of State shall collaborate with each county clerk to 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.
246 Page 6 [The] Except as otherwise provided in this paragraph, the Secretary of State shall use a translator who is certified in the specific language to translate the information required pursuant to this [subsection.] paragraph.
If such a certified translator is not available to translate the information required pursuant to this paragraph, the Secretary of State shall make a continuous effort to find such a certified translator or coordinate with the minority group for translation assistance.
(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 minority group and 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 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, theeach Secretarycounty ofclerk State shall use a translator who is certified in the specific language to translate the information required pursuant to this paragraph.
If such a certified translator is not paragraph,available to translate the Secretaryinformation ofrequired Statepursuant 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[county of State finds that there are at least 5,000 group and are of limited-English proficiency, the Secretary of State shall notify the county clerk andof: 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.
(1) A county whose population is 100,000 or more] Secretary of State finds that there are at least [1,400 registered voters] 5,000 qualified electors in [the] 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.
[The] Except as otherwise provided in -this 82ndparagraph, Sessionthe (2023)county –clerk 6shall –use a translator who is certified in the specific language to translate the information required pursuant to this paragraph.[subparagraph.
(2) A county whose population is less than 100,000, finds that there are at least 500 registered voters in the county who are members of a minority group and are of limited-English proficiency, 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.
If any such language does not have a standard writing system, the information required to be posted or made available must be set forth in an audio recording in the Assembly Amendment No.
382 to Assembly Bill No.
246 Page 7 language.
The county clerk shall use a translator who is certified in the specific language to translate the information required pursuant to this subparagraph.] paragraph.
[(c)] (d) The Secretary[city ofclerk State finds that there are at least 5,000 qualified electors in a city who are members of a minority group and are of limited-English proficiency, the Secretary of State shall notify the city clerkin: and the city 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 city clerk are posted or available in the language or languages of the minority group.
If(1) anyA suchcounty languagewhose doespopulation notis have100,000 or more] Secretary of State finds that there are at least [1,400 registered voters] 5,000 qualified electors in [the] a standardcity writingwho system,are members of a minority group and are of limited-English proficiency, the Secretary of State shall notify the city clerk and the city clerk shall ensure that voting materials and other elections information that are required to be posted or made available mustat bea setpolling forthplace inor anon audiothe recordingInternet website of the city clerk shallare useposted aor translatoravailable who is certified in the specific language toor translatelanguages of the informationminority requiredgroup. pursuant to this paragraph.
If any such language does not have a standard writing system, the information required to be posted or made available must be set forth in an audio recording in the language.
[The] 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 [subparagraph.
(2) A county whose population is less than 100,000, finds that there are at least 500 registered voters in the city who are members of a minority group and are of limited-English proficiency, the city 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 city clerk are posted or available in the language or languages of the minority group.
If any such language does not have a standard writing system, the information required to be posted or made available must be set forth in an audio recording in the language.
The city clerk shall use a translator who is certified in the specific language to translate the information required pursuant to this subparagraph.] 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 thesuantthe to Secretary of State.
[If a county or city has 3,500 or more registered voters, the] A county clerk:clerk :
[or city clerk, as applicable, shall:] (a) [Establish] May establish a toll-free telephone number which may be used by any person in the county [or city, as applicable,] to receive language interpretation or translation assistance relating to an election, including, without limitation, voter registration or other voter assistance;
and -(b) 82nd[Post Sessionthe] (2023)If –such 7a –toll-free telephone number is established pursuant to paragraph (a),(a) , post the toll-free telephone number on the Internet website of the county clerk.[or city] clerk .
[, as applicable.] 3.
[If a county or city has less than 3,500 registered voters, the] Each county [or] and city clerk [, as applicable,] shall post the toll-free telephone number established by the Secretary of State pursuant to [paragraph (a) of] subsection 1 on the Internet website of the county or city clerk, as applicable.
Sec.Assembly Amendment No.
382 to Assembly Bill No.
246 Page 8 Sec.
The county clerk shall ensure that at each polling place for early voting the [applicable] 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 a voter to receive voter registration and other voter assistance during the period for early voting is posted in a conspicuous place.
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:
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 asa preferred language other than English with a sample ballot in the preferred language.language .
[of the voter.] If, pursuant to section 5 of this act, a county or city clerk is not required to provide voting materials in the preferred language of the voter, the county or city clerk, as applicable, must provide the voter with a sample ballot in English until the clerk is required, pursuant to section 5 of this act, to provide voting materials in such 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.
The county clerk shall make a good faith effort to appoint election board officers who are bilingual [.] in a language that voting materials are required to be provided in pursuant to section 5 of this act.
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 requestedofficer. 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;
Immediately after election board officers are appointed, if requested by the county clerk, the sheriff shall:
(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;
The deputized officer shall receive no additional compensationAssembly forAmendment servicesNo. rendered as a deputy sheriff during the election for which the officer is deputized.
382 to Assembly Bill No.
246 Page 9 compensation for services rendered as a deputy sheriff during the election for which the officer is deputized.
each293.2549 city1. 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 requireddrequired 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, 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 useelection of the mail balloterk by a person who is elderly or disabled, including, without limitation, by providing, upon request, the mail ballot infor 12-pointevery typeelection. to a person who is elderly or disabled.
IfThe a county clerk isshall requiredmake toreasonable provideaccommodations votingfor materialsthe pursuantuse to section 5 of thisthe actmail inballot aby language that a registeredperson voterwho has indicated is hiselderly or herdisabled, preferredincluding, language,without thelimitation, countyby clerkproviding, shallupon preparerequest, andthe distribute a mail ballot andin all12-point relevanttype materialsto anda instructionsperson forwho votingis theelderly mailor ballotdisabled. in the preferred language of the voter.
If a county clerk is required to provide voting materials pursuant to section 5 of Assembly Amendment No.
382 to Assembly Bill No.
246 Page 10 this act in a language that a registered voter has indicated is his or her preferred language, the county 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.
(a) Registers to vote for the election pursuant to the provisions of NRS 293.5772 to 293.5887, inclusive;
orpursuantor to the provisions (b) Elects not to receive a mail ballot pursuant to subsection 2.
overseas(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 aka 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 sectionAssembly 6Amendment ofNo. this act for obtaining language interpretation or translation assistance rel8.ingGeneral information concerning federal and state laws which prohibit acts of fraud and misrepresentation;
382 to Assembly Bill No.
246 Page 11 section 6 of this act for obtaining language interpretation or translation assistance relating to the election;
8.
General information concerning federal and state laws which prohibit acts of fraud and misrepresentation;
-(c) 82ndA Sessioncurrent (2023)list –of 12the –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] (b) The abstract of votes required pursuant to the provisions of NRS(c)NRS The293.388 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 [applicable] 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 82ndof Sessionthe (2023)languages –that 13voting –materials are required to be prepared in the county pursuant to section 5 of this act.oact. be 4.
Assembly Amendment No.
382 to Assembly Bill No.
246 Page 12 4.
The county clerks shall provide forms for applications to numberpreregister prescribedor byregister theto Secretaryvote ofto State.istrarsfield registrars in the form and 3.number 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 doeshas notsuch have a driver’s licenselicense; issued by the Department of Motor Vehicles and does have a social security number;
(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) 82ndA Sessionline (2023)on –which 14to –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 the6.the applicant for purposes of the statewide voter registration list.
The6. 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.
(a)Assembly IfAmendment applicable,No. the statement required by NRS 293.267;
382 to Assembly Bill No.
246 Page 13 (a) If applicable, the statement required by NRS 293.267;
(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 que(d)question; 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 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 82ndthe Sessionsample (2023) – 15 – incumbent.ple ballot next to the name of the candidate who is the 3.incumbent.
3.
Such a system may include, without limitation, electronic mail or electronic access through an Internet website.
If a county clerk establishes such acessa 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 sin(a)since The county clerk shall mail a notice of the changelast toelection: 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;
THE LOCATION OF YOUR POLLING PLACE OR PLACES HAS CHANGED SINCE THE LAST ELECTION -Assembly 82ndAmendment SessionNo. (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.
382 to Assembly Bill No.
246 Page 14 7.
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 LANG(InsertLANGUAGE 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.
A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-12-point point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
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 11.at least 14-point type, or larger when practicable.
11.
If, pursuant to section 5 of this act, a county [or city] clerk is not required to -provide 82ndvoting Sessionmaterials (2023)in –the 17preferred –language of the voter, the county [or city] clerk [, as applicable,] must provide the voter with a sample ballot inoter,in 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 NRSAssembly 293.2955Amendment forNo. the placement at use by voters who are elderly or disabled, the county clerk shall for include in the sample ballot a statement indicating:
382 to Assembly Bill No.
246 Page 15 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 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 per(a)persons Preregisterby andcomputer registerto: to vote;
(a) Preregister and register to vote;
-(b) 82ndBe Sessionaccessible (2023)in –each 18language –in which the Secretary of State is required to provide information and voting materialsofmaterials pursuant to section 5 of this act;
(a)4. Any additional warnings regarding the penalties forem:
submittingThe aSecretary falseof application;State 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 maintained1 onto create the Internet,official instatewide consultationvoter withAssembly eachAmendment countyNo. and city be clerk.
382 to Assembly Bill No.
246 Page 16 registration list, which may be maintained on the Internet, in consultation with each county and city clerk.
-(d) 82ndContain Sessionthe (2023)name –, 19state –or country of birth, language preference and other registration information of every 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 concerningis theprovided voterto registration of the county or city andclerk; 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 app7.application 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 82ndthe Sessionaccuracy (2023)of –voter 20registration –information that may be processed by the database in any given day.nformationday. that may be 8.
8.
Except as otherwise provided in NRS 481.063 or any provision of law providing for the confidentiality of information, the Secretary of State may enter intoAssembly anAmendment agreementNo. with an agency of this State pursuant to which the agency provides to the Secretary of State any information in the possession of the agency that the Secretary of State deems necessary to maintain the statewide voter registration list.
382 to Assembly Bill No.
246 Page 17 into an agreement with an agency of this State pursuant to which the agency provides to the Secretary of State any information in the possession of the agency that the Secretary of State deems necessary to maintain the statewide voter registration list.
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 voteand isthe instatements thatof preferredmeasures language.whichfor which the voter is entitled to Sec.vote 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.
or (b) The election is a primary city election or general city electio(1)election Officesin andwhich ballot questions that may be voted on by the registeredballot votersincludes ofonly: only one ward;
(1) Offices and ballot questions that may be voted on by the registered voters of only one ward;
The city clerkAssembly shallAmendment makeNo. a good faith effort to appoint election board officers who are bilingual in a language that voting materials are required to be provided in pursuant to section 5 of this act.
No382 candidateto forAssembly secondBill degreeNo. of consanguinity or affinity may be appointed as an election board officer.
246 Page 18 clerk shall make a good faith effort to appoint election board officers who are bilingual [.] in a language that voting materials are required to be provided in pursuant to section 5 of this act.
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 servicesmail heballot orcentral shecounting providesboard. 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.
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 votingwho materials pursuant to section 5 of this act in a languagede that a registered voter has indicated is hiselderly or herdisabled. 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.
measures4. 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.
overseas(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 andAssembly OverseasAmendment CitizensNo. Absentee Voting Act, 52 U.S.C.
382 to Assembly Bill No.
246 Page 19 and Overseas Citizens Absentee Voting Act, 52 U.S.C.
by2. 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.
LARGE 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 ALARGE LANGUAGETYPE, OTHER THAN ENGLISH, CALL (Insert appropriate telephone number) PLEASE(d) NOTEInclude THATon 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 next to the namefront ofpage, thein candidatea whoseparate isbox thecreated incumbent,by ifbold requiredlines, pursuanta tonotice NRSthat 293.2565.states:
Assembly Amendment No.
382 to Assembly Bill No.
246 Page 20 NOTICE:
TO RECEIVE A SAMPLE BALLOT IN A LANGUAGE OTHER THAN ENGLISH, CALL (Insert appropriate telephone number) 5 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.
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.
A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-12-point point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
The sample ballot distributed to a person who requests a sample ballot in large type by exercising the option provided -pursuant 82ndto SessionNRS (2023)293.508, –or 25in –any other manner, must be prepared in at least 14-point type, or larger when practicable.bepracticable. prepared 9.
9.
If, pursuant to section 5 of this act, a [county or] city clerk is not required to provide voting materials in the preferred language of the voter, the [county or] city clerk [, as applicable,] must provide the voter with a sample ballot in English until the clerk is required, pursuant to section 5 of this act, to provide voting materials in such language.
The city clerk shall ensure that a sample ballot is available at each polling place, including, without limitation, a polling place for early voting in each language in which the city clerk is required to provide information and voting materialscitymaterials 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 locationlocations; rather than at the voter’s regularly designated polling place or places.
[11.]and 13.(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.
The[11.] 13.The cost of distributing sample ballots for a city election must be borne by the city holding the election.
Sec.Assembly Amendment No.
382 to Assembly Bill No.
246 Page 21 Sec.
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 82ndclerk Sessionthat (2023) – 26 – limitation:that relates to elections, which must include, without (a)limitation: 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;
and (c) The [applicable] toll-free telephone number established by the Secretary of State pursuant to section 6 of this act.
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 subsectionsection 15 may be obtained by the public from a website on the Internet maintained by the Secretary of State,this aact. 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.
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-absentee-voting 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.
5.Assembly Amendment No.
382 to Assembly Bill No.
246 Page 22 5.
(a) The person would have been able to preregister to vote pursuant to NRS 293.4855 except for the residency requirement;
-(a) 82ndInclude Sessionany (2023)Sunday –or 28federal –holiday periodthat for early voting by personal appearance.at falls within the (b)period Require a permanent polling place for early voting toby remainpersonal openappearance. 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 act.etothereto the provisions set forth as sections 31 to 36, inclusive, of this Sec.act.
Sec.
The Advisory Committee consists of [six] the following members who represent the diversity of this State, including:
(b) [Two elected officials] 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;
and (d)Assembly ThreeAmendment otherNo. members of the public appointed by the Secretary of State.
382 to Assembly Bill No.
246 Page 23 [(c)] (d) Three other members of the public appointed by the Secretary of State.
- 82nd Session (2023) – 29 – (b) Select the Chair of the Advisory Committee from among its members;
his4. 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.
(c) Act as liaison between the Office of the Secretary of State and(d) Makety oannualatioassessments to determine language accessibility programs and servicescommunity thatorganizations; 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;
The Advisory Committee may conduct all other meetings through the use of [remote-technology] remote technology systems.
- 82nd Session (2023) – 30 – 2.
A majority of the members of the Advisory Committee con4.itAsconstitute useda inquorum. 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.
2.Assembly Amendment No.
382 to Assembly Bill No.
246 Page 24 2.
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 Insurancethose Premiumspurposes ishas insufficientbeen toexhausted; pay the claims;
(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.
members2. of the Language Access Advisory Committee must behis act, the appointed to serve initial terms as follows:
(a)Notwithstanding Thethe memberprovisions whoof issection a34 county clerk of athis countyact, whosethe populationmembers is less than 100,000 and one of the membersLanguage whoAccess areAdvisory membersCommittee of the public must be appointed to serve ainitial termterms ofas 2follows: years.
(b)(a) TwoThe [two members] member who [are elected officials] is a county clerk of a county whose population is less than 100,000 and one of the members who are members of the public must be appointed to serve a term of 32 years.
(b) [The three] Two of the members who are members of the public must be appointed to serve a term of 3 years.
- 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.
This section and sections 37,37 , 37.5 and 38 of this act become effective upon passage and approval.
SectionSections 36.71 ofto this[36,] act36.5, becomesinclusive, effectiveof onthis Julyact 1,become 2023.effective:
3.Assembly Amendment No.
Sections382 1 to 36.5,Assembly inclusive,Bill ofNo. this act become effective:
246 Page 25 (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
~~~~~ 23 - 82nd Session (2023)