Nevada 2023 Regular Session Status: Enacted 15 D cosponsors

AB 286 — Makes various changes relating to elections. (BDR 24-530)

Last action — Chapter 469.

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

This bill has been enacted into law. Introduced March 14, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 14, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 62% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 23 sponsors

    2 primary, 21 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (15 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

193 added · 377 removed

193 line(s) added, 377 removed.

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
Assembly Bill No.
286 A SSEMBLY B ILLN O.
286–Assemblymen Brittney Miller, C.H.
286–ASSEMBLYMEN B RITTNEY M ILLER, C.H.
Miller;
M ILLER;
Anderson, Backus, Bilbray-Axelrod, Cohen, Considine, D’Silva, Duran, González, Gorelow, La Rue Hatch, Marzola, Monroe-Moreno, Mosca, Newby, Nguyen, Peters, Summers-Armstrong, Taylor, Thomas, Torres and Watts CHAPTER..........
A NDERSON , B ACKUS , BILBRAY -AXELROD , COHEN , C ONSIDINE, D’SILVA, D URAN , GONZÁLEZ , G ORELOW , A R UEH ATCH , MARZOLA , MONROE -MORENO , M OSCA , N EWBY , NGUYEN , PETERS , SUMMERS - A RMSTRONG , TAYLOR , HOMAS , ORRES AND W ATTS M ARCH 14, 2023 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Makes various changes relating to elections.
(BDR 24-530) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
(NOTREQUESTED AFFECTEOCALGOVERNMEN)) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring the Secretary of State to allow certain persons detained in a county jail or city jail to use a certain system of approved electronic transmission to register to vote and to cast a ballot in an election;
LegExisting law requires a county clerk to cancel the registration of a voter upon the determination that the person has been convicted of a felony and is currently incarcerated.
Legislative Counsel’s Digest:
(NRS 293.540) Unless a person has been convicted of a felony, existing law does not prohibit a person who is detained in a county or city jail from registering to vote or voting in an election.
Existing law requires a county clerk to cancel the registration of a voter upon incarcerated.
- *AB286_R1* – 2 – Section 5 of this bill requires each person who administers a county or city jail to establish a policy that ensures that:
(NRS 293.540) Unless a person has been convicted of a felony,rently existing law does not prohibit a person who is detained in a county or city jail from registering to vote or voting in an election.
(1) a person who is detained in the jail and is a registered voter may vote in each primary election, presidential preference primary election, primary city election, general election and general city election in which the person is eligible to vote;
Section 5 of this bill requires each person who administers a county or city jail to establish a policy that ensures that:
and (2) a person detained in the jail and is a qualified elector may register to vote in each such election.
(1) a person who is detained in the jail and is a registered voter may vote in each primary election, presidential preference primary election, primary city election, general election and general city election in qualified elector may register to vote in each such election.
(1) be developed in coordination with the county clerk and, if to elections;
(1) be developed in coordination with the county clerk and, if applicable, the city clerk;
(3) ensure the safety of any election board officer or other person whog assists in the conduct of registering to vote or voting at the jail;
(2) be consistent with existing provisions of law relating to elections;
(3) ensure the safety of any election board officer or other person who assists in the conduct of registering to vote or voting at the jail;
Section 5 further requires the jail to post in a prominent location and set forth in the handbook for detained persons certain information relating to elections and voting in the jail.
Section 5 further requires the jail to post in a information relating to elections and voting in the jail.ined persons certain Section 7 of this bill requires each county or city jail to:
Section 6 of this bill requires the Secretary of State to allow:
(1) an elector who transmission established for covered voters who are overseas or in the military to register to vote;
and (2) a registered voter who is detained in a county or city jail to use the system of approved electronic transmission to apply for and cast a ballot in every election where the system of approved electronic transmission is available to a covered voter who is overseas or in the military.
Section 16.3 of this bill requires the Secretary of State to prescribe the procedures to be followed and the requirements of the use of the system of approved electronic transmission by eleSection 7 of this bill requires each county or city jail to:
Section 8 of this bill requires each person who administers a county or city jail to submit a report to the Secretary of State not later than 30 days after each primary election and general city election.rimary election, general election, primary city Sections 16.5 and 16.7 of this bill prohibit electioneering near the area of a county or city jail where a person detained in the jail may vote.
Section 8 of this bill requires each person who administers a county or city jail election, presidential preference primary election, general election, primary citymary election and general city election.
Sections 16.5 and 16.7 of this bill prohibit electioneering near the area of a county or city jail where a person detained in the jail may vote.
- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Sec.
Secs.
2.
2-4.
3.
(Deleted by amendment.) Sec.
4.
(Deleted by amendment.) Sec.
(a) A person who is detained in the jail and is a registered voter may vote in each primary election, presidential preference - *AB286_R1* – 3 – primary election, primary city election, general election and general city election in which the person is eligible to vote;
(a) A person who is detained in the jail and is a registered voter may vote in each primary election, presidential preference primary election, primary city election, general election and general city election in which the person is eligible to vote;
and (b) A person who is detained in the jail and is a qualified elector may register to vote in each primary election, presidential preference primary election, primary city election, general election and general city election in which the person is eligible to register to vote.
and (b) A person who is detained in the jail and is a qualified preference primary election, primary city election, general election and general city election in which the person is eligible to register to vote.
(e) Ensure the secrecy of the ballot, including, without limitation, the mail ballot;
(e) Ensure the secrecy of the ballot, including, without lim(f) Set forth a process that allows for same-day voter registration and allows a family member of a person detained in the jail to provide the person in the jail with the necessary - 82nd Session (2023) – 3 – information to register to vote on the day of the election pursuant to NRS 293.5847.
and (f) Set forth a process that allows for same-day voter registration and allows a family member of a person detained in the jail to provide the person in the jail with the necessary information to register to vote on the day of the election pursuant to NRS 293.5847.
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Each county or city jail shall post in a prominent location and set forth in the handbook for detained persons information relating to elections and voting in the jail, including, without limitation, qualifications to register to vote and to vote and the options and procedures for registering to vote and voting at the jail.
Each county or city jail shall post in a prominent location and set forth in the handbook for detained persons information limitation, qualifications to register to vote and to vote and the options and procedures for registering to vote and voting at the jail.
- *AB286_R1* – 4 – Sec.
Sec.
1.
(Deleted by amendment.) Sec.
Except as otherwise provided in this section, the Secretary of State shall allow during the period of early voting and on election day:
(a) An elector who is detained in a county or city jail to use the system of approved electronic transmission established pursuant to NRS 293D.200 to register to vote in every election where the system of approved electronic transmission is available to a covered voter to register to vote.
The deadline for such an elector to use the system of approved electronic transmission to register to vote is the same as the deadline set forth in NRS 293D.230 for a covered voter to register to vote.
(b) A registered voter who is in the custody of a county or city jail to use the system of approved electronic transmission established pursuant to NRS 293D.200 to apply for and cast a ballot in every election where the system of approved electronic transmission is available to a covered voter to request and cast a military-overseas ballot.
The deadlines for such a registered voter to use the system of approved electronic transmission to request and cast a ballot are the same as the deadlines set forth in NRS 293D.310 and 293D.400 for a covered voter to request and cast a military-overseas ballot.
2.
Upon receipt of an application and ballot cast by a person using the system of approved electronic transmission established pursuant to NRS 293D.200, the local elections official shall affix, mark or otherwise acknowledge receipt of the application and ballot by means of a time stamp on the application.
3.
The Secretary of State shall ensure that an elector or a registered voter may provide his or her digital signature or electronic signature on any document or other material that is necessary for the elector or registered voter to register to vote, apply for a ballot or cast a ballot, as applicable.
4.
The Secretary of State shall prescribe the form and content of a declaration for use by an elector or a registered voter to swear or affirm specific representations pertaining to identity, eligibility to vote, status as such an elector or registered voter and timely and proper completion of a ballot.
5.
The Secretary of State shall prescribe the duties of the county and city clerks upon receipt of a ballot sent by a registered voter using the system of approved electronic transmission pursuant to this section, including, without limitation, the procedures to be used in accepting, handling and counting the ballot.
6.
The Secretary of State shall make available to an elector or registered voter who is detained in a county or city jail instructions - *AB286_R1* – 5 – on using the system of approved electronic transmission to register to vote and apply for and cast a ballot.
A county or city jail shall not prohibit, restrict or monitor the use of the system of approved electronic transmission established pursuant to NRS 293D.200 by any person who is detained in the jail.
8.
The provisions of this section do not require a county or city jail to allow a person detained in the jail to use the system of approved electronic transmission established pursuant to NRS 293D.200 unless the jail has the technology that is necessary for a person to use the system of approved electronic transmission.
A county or city jail that has the technology necessary for a person to use the system of approved electronic transmission shall not prohibit, restrict or monitor the use of the system of approved electronic transmission by a person detained in the jail.
9.
The Secretary of State shall adopt any regulation necessary to carry out the provisions of this section.
10.
As used in this section:
(a) “Covered voter” has the meaning ascribed to it in NRS 293D.030.
(b) “Digital signature” has the meaning ascribed to it in NRS 720.060.
(c) “Electronic signature” has the meaning ascribed to it in NRS 719.100.
(d) “Military-overseas ballot” has the meaning ascribed to it in NRS 293D.050.
Sec.
7.
A county or city jail shall not open a mail ballot after a prisoner has voted and sealed the mail ballot.
A county or city jail shall not open a mail ballot after a priSec.
Sec.
8.as Not later than 30 days after each primary election, presidential preference primary election, primary city election, general election and general city election, each person who administers a county jail or city jail shall submit in a report to the Secretary of State:
8.
1.
Not later than 30 days after each primary election, presidential preference primary election, primary city election, general election and general city election, each person who administers a county jail or city jail shall submit in a report to the Secretary of State:
An explanation of the process the jail used to comply with the requirements of sections 5 and 7 of this act for the election;
- *AB286_R1* – 6 – 1.
An explanation of the process the jail used to comply with the requirements of sections 5, 6 and 7 of this act for the election;
Sec.
Secs.
9.
9-16 and 16.3.
10.
(Deleted by amendment.) Sec.
11.
(Deleted by amendment.) Sec.
12.
(Deleted by amendment.) Sec.
13.
(Deleted by amendment.) Sec.
14.
(Deleted by amendment.) Sec.
15.
(Deleted by amendment.) Sec.
16.
(Deleted by amendment.) Sec.
16.3.
NRS 293.250 is hereby amended to read as follows:
293.250 1.
Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:
(a) The form of all ballots, mail ballots, diagrams, sample ballots, certificates, notices, declarations, applications to preregister and register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State.
(b) The procedures to be followed and the requirements of:
(1) The system established by the Secretary of State pursuant to NRS 293.671 for using a computer to register voters.
(2) The use of the system of approved electronic transmission established pursuant to NRS 293D.200 by electors and voters with disabilities pursuant to NRS 293.269951.
(3) The use of the system of approved electronic transmission established pursuant to NRS 293D.200 by electors and voters who are detained in a county or city jail.
2.
Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.
(b) The listing of all other candidates required to file with the Secretary of State, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his or her county.
3.
The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.
- *AB286_R1* – 7 – 4.
The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.
5.
The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General.
The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252.
The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau.
The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held.
The explanations must include a digest.
The digest must include a concise and clear summary of any existing laws directly related to the constitutional amendment or statewide measure and a summary of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws.
For a constitutional amendment or statewide measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue.
6.
The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.
7.
A county clerk:
(a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.
Sec.
During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within 100 feet from the entrance to the voting area.
During the time a polling place for early voting is open for voting, a person may not electioneer for or against any - 82nd Session (2023) – 4 – candidate, measure or political party in or within 100 feet from the entrance to the voting area.
During the time that a person detained in a county or city jail may vote in the jail, a person may not electioneer for or against any candidate, measure or political party - *AB286_R1* – 8 – in or within 100 feet from the entrance of the voting area of the jail.
During the time that a person detained in a county or city jail may vote in the jail, a person may not electioneer for or against any candidate, measure or political party jail.
2.
within 100 feet from the entrance of the voting area of the 2.
Except as otherwise provided in subsection 2, it is unlawful inside a polling place , [or] within 100 feet from the entrance to the building or other structure in which a polling place is located [:] , inside the area of a county or city jail where a person detained in the jail may vote or within 100 feet from the entrance of the area in a jail where a person detained in the jail may vote:
Except as otherwise provided in subsection 2, it is unlawful inside a polling place , [or] within 100 feet from the entrance to the building or other structure in which a polling place is located [:] , inside the area of a county or city jail where a person detained in the jail may vote or within 100 feet from the entrance of (a) For any person to solicit a vote or speak to a voter on the:
(a) For any person to solicit a vote or speak to a voter on the subject of marking the voter’s ballot.
subject of marking the voter’s ballot.
The provisions of subsection 1 are not intended to prohibit a person from voting solely because he or she is wearing a prohibited political insigne and is reasonably unable to remove the insigne or cover it.
The provisions of subsection 1 are not intended to prohibit a person from voting solely because he or she is wearing a prohibited political insigne and is - 82nd Session (2023) – 5 – reasonably unable to remove the insigne or cover it.
- *AB286_R1* – 9 – 4.
4.
(b) Distributing literature relating to the support of or opposition to a candidate, ballot question or political party;
(b) Distributing literature relating to the support of or opposition to (c) Using loudspeakers to broadcast information relating to the support of or opposition to a candidate, ballot question or political party;
(c) Using loudspeakers to broadcast information relating to the support of or opposition to a candidate, ballot question or political party;
(d) Buying, selling, wearing or displaying any badge, button or other insigne which is designed or tends to aid or promote the success or defeat of any political party or a candidate or ballot question to be voted upon at that election;
(d) Buying, selling, wearing or displaying any badge, button or other insigne which is designed or tends to aid or promote the question to be voted upon at that election;
or (e) Soliciting signatures to any kind of petition.
orcandidate or ballot (e) Soliciting signatures to any kind of petition.
H - *AB286_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Chapter 469.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Taken from General File. Placed on Secretary's desk. Taken from Secretary's desk. Placed on General File. Read third time. Amended. (Amend. No. 974.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Senate Amendment No. 974 concurred in. To enrollment.

  5. From committee: Amend, and do pass as amended. Placed on General File. Taken from General File. Placed on General File for next legislative day.

  6. Notice of eligibility for exemption. Taken from General File. Re-referred to Committee on Finance. To committee. Exemption effective.

  7. Read second time.

  8. From committee: Do pass.

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

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 39, Nays: 3.) To Senate.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 381.) To printer.

  12. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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2 sponsors · 21 co-sponsors · 44 not signed on

Sponsors (2)

Co-sponsors (21)

Not signed on (44)

44 members have not signed on to this bill.

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

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

Subjects

elections
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Frequently asked questions

Who sponsors AB 286?
AB 286 is sponsored by Miller, Brittney M. (Democratic), Anderson, Natha C. (Democratic), Backus, Shea M. (Democratic), Considine, Venicia (Democratic), D'Silva, Reuben (Democratic), González, Cecelia (Democratic), La Rue Hatch, Selena (Democratic), Marzola, Elaine H. (Democratic), Monroe-Moreno, Daniele (Democratic), Mosca, Erica (Democratic), Sabra Newby, Nguyen, Duy (Democratic), Taylor, Angela D. (Democratic), Clara Thomas, Torres-Fossett, Selena (Democratic), Watts, Howard (Democratic), Summers-Armstrong, Shondra, Peters, Sarah, Gorelow, Michelle, Duran, Bea, Cohen, Lesley, and Shannon Bilbray-Axelrod.
What is the current status of AB 286?
This bill has been enacted into law. Introduced March 14, 2023. Enacted.
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