AB 394 — Revises provisions governing elections. (BDR 24-776)

A.B.Assembly Bill No.

394394–Committee ASSEMBLYon BLegislative ILLNOperations O.and Elections CHAPTER..........

394–C OMMITTEE ON LEGISLATIVE O PERATIONS AND ELECTIONS M ARCH 23, 2023 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions governing elections.

(BDR 24-776) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

and (2) an abstract of theState resulton toor bebefore prepared, certified and transmitted to the Secretary10th 293.395,day 293C.387)following Section 1 of this bill requires the Secretaryelection. of State to adopt by regulation a procedure to be used if the abstract or certification of results for any election is not timely prepared or transmitted.

Existing(NRS law293.387, sets293.393,cretary forth293.395, 293C.387) Section 1 of this bill requires the processesSecretary forof aState countingto boardadopt by regulation a procedure to preparebe andused countif ballots.the abstract or certification of results for any election is not timely prepared or transmitted.

(NRSExisting 293.363,law 293C.362)sets Sectionsforth 2the andprocesses 3for ofa thiscounting billboard provideto that,prepare exceptand performedcount onlyas once.dotherwise required during an audit or recount, the counting of ballots may bebeept THEperformed PEOPLEonly OFonce. THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

The Secretary of State shall adopt regulations, not inconsistent with the election laws of this State, for the conduct of - *AB394* – 2 – primary, presidential preference primary, general, special and district elections in all cities and counties.

3.- 82nd Session (2023) – 2 – (a) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

The regulations must prescribe:

(a) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

(g) The procedures to be used for the testing, use and auditing of a mechanical voting system which directly records the votes electronicallyballot andon whichthe system;ich creates a paper record when a voter casts a ballot(h) onThe acceptable standards for the system;sending and receiving of applications, forms and ballots, by approved electronic transmission, by the county clerks and the electors, registered voters or other persons who are authorized to use approved electronic transmission pursuant to the provisions of this title;

(h) The acceptable standards for the sending and receiving of applications, forms and ballots, by approved electronic transmission, by the county clerks and the electors, registered voters or other persons who are authorized to use approved electronic transmission pursuant to the provisions of this title;

and - *AB394* – 3 – (k) Such other matters as determined necessary by the Secretary of State.

The Secretary of State may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary,primary,f the presidential preference primary, general, special and district elections in this State.

and (c) Any Attorney General’s opinions or any state or federal court decisions which affect state election laws or regulations - 82nd Session (2023) – 3 – whenever any of those opinions or decisions become known to the Secretary of State.

When the polls are closed, the counting board shallmust preparebe topublic countand thecontinue ballotswithout voted.adjournment until completed.

The counting procedure must be public and continue without adjournment until completed.

The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the county clerk withwit(c) When it has been ascertained that the othernumber of ballots rejectedagrees forwith anythe cause.number of names of registered voters shown to have voted, the board shall proceed to count.

(c)If Whenthere itis hasa beendiscrepancy ascertainedbetween that the number of ballots agreesand with the number of namesvoters, ofa registeredrecord votersof shown to have voted, the boarddiscrepancy shallmust proceedbe tomade. count.

If there is a discrepancy - *AB394* – 4 – between the number of ballots and the number of voters, a record of the discrepancy must be made.

(a) The container that holds the ballots or the ballot box must be opened and the ballots contained therein counted by the counting - 82nd Session (2023) – 4 – board and opened far enough to determine whether each ballot is single.

(b) If the ballots in the container or box are found to exceed the number of names as are indicated on the roster as having voted, the ballots must be replaced in the container or box and a counting board officer shall, with his or her back turned to the container or box, draw out a number of ballots equal to the excess.

and - *AB394* – 5 – (b) On January 1, 2024, for all other purposes.

H~~~~~ 23 - *AB394*82nd Session (2023)