SB 100 — Revises provisions relating to elections. (BDR 24-197)

(ReprintedSenate withBill amendmentsNo. adopted on April 21, 2025) FIRST REPRINT S.B.

100100–Senator SENATEDaly BILLCHAPTER.......... N O.

100–SENATOR D ALY PREFILED JANUARY 16, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections.

(BDR 24-197) 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.

providing a penalty for certain persons charged with duties relating to an election for failing to carry out such duties in a timely manner;

providing a penalty;

LegislativeLegiUnder Counsel’sexisting Digest:law, a public officer or other person, upon whom any duty is imposed under the provisions governing the election laws of this State, who willfully neglects his or her duty or willfully performs the duty in such a way as to hinder the objects and purposes of the election laws is guilty of a category E felony, which is punishable by a minimum term of imprisonment of 1 year and a maximum term of not more than 4 years and may be subject to a fine of not more than $5,000.

Under existing law, a public officer or other person, upon whom any duty is willfully neglects his or her duty or willfully performs the duty in such a way as to hinder the objects and purposes of the election laws is guilty of a category E felony, which is punishable by a minimum term of imprisonment of 1 year and a maximum term of not more than 4 years and may be subject to a fine of not more than $5,000.

(NRS 293.800) Section 21 of this bill providesrequires that a public officer or fails to perform his or her duties in a timely manner by the applicableSecretary deadline sety forth in statute or regulation is also guilty of aState categoryto Eadopt felonyregulations and subject to thesetimely penalties.manner.

Section 1 ofrequires thisa billpublic requiresofficer or other person to notify the Secretary of State toand adoptthe regulationsAttorney toGeneral ensurewhether certainhe dutiesor relatingshe towill anbe electionable areto completedperform andsuch carrieda outduty inby athe timelydeadline. manner.

Section 1 requiresalso provides that if a public officer or other person towho notifyrepresents or is employed by a county or city, upon whom a duty set forth in the regulations adopted by the Secretary of State, fails to perform suchhis aor her duty in a timely manner by the deadline.deadline, the Secretary of State must:

Section 1 also provides that if a public officer or other person who represents or is employed by a county or city, upon whom a duty set forth in the regulations adopted by the Secretary of State, fails to perform - *SB100_R1* – 2 – his or her duty in a timely manner by the deadline, the Secretary of State must:

recordingExisting deviceslaw purchasedrequires: or leased in or used in any election of this State to be approved by the Secretary of State;

and(1) (2)all a city or county that wishes to change or improve a mechanical voting systemsystems orand mechanical recording devicedevices thatpurchased hasor beenleased approvedin byor theused Secretaryin any election of this State to obtainbe theapproved approvalby of the Secretary of State.State;

and (2) a city or county that wishes to change or approved by the Secretary of State to obtain the approval of the Secretary of State.

(1) a vendor of a mechanical voting system or mechanical recording device to also be approved by the Secretary mechanical voting system or mechanical recording device to obtain the approval of theState; Secretary of State.

and (2) a city or county that wishes to change the vendor of the mechanical voting system or mechanical recording device to obtain the approval of the Secretary of State.

- 83rd Session (2025) – 2 – EXPLANATION – Matter in bolded italics is new;

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

(b) Set forth any procedural steps necessary to carry out an election duty set forth pursuant to paragraph (a) in a timely manner;man(c) Establish the timelines for carrying out the election duties and procedural steps set forth pursuant to paragraphs (a) and (b);

(c) Establish the timelines for carrying out the election duties and procedural steps set forth pursuant to paragraphs (a) and (b);

(e) Establish the circumstances or events that may cause an unforeseen delay, through no fault of a public officer or other person who represents or is employed by a county or city or agency thereof, including, without limitation, a county or city clerk, in performing an election duty set forth pursuant to paragraph (a) - *SB100_R1* – 3 – resulting in a failure to carry out the election duty in a timely manner;

A public officer or other person who represents or is employed by a county or city or agency thereof, including, without limitation, a county or city clerk, shall notify the Secretary of State and the Attorney General whether the public officer or other person will be able to perform an election duty set forth in the regulations- adopted83rd bySession the(2025) Secretary– of3 State– pursuant to subsection 1 by the deadline established by this title or any regulation adopted pursuant to this title.

and (b) In the case of an elected public officer that is not employed or overseen by a governing body of a county or city, the public officer.off4.er.The notice provided pursuant to subsection 3 must:

4.

The notice provided pursuant to subsection 3 must:

- *SB100_R1* – 4 – (1) Sufficient detail regarding the election duty that is not being performed by the applicable deadline;

If, not more than 48 hours after sending the notice required:req(a) Pursuant to paragraph (a) of subsection 3, the governing body of the county or city fails to initiate action to compel the public officer or other person to carry out an election duty, the Secretary of State shall refer a complaint against the members of the governing body to the Attorney General for prosecution pursuant to NRS 283.440 and 293.800.

(a)(b) Pursuant to paragraph (a)(b) of subsection 3, the governingpublic bodyofficer of the county or city fails to initiate action to compel the public officer or other person to carry out anthe election duty, the Secretary of State shall immediately refer a complaint against the members- of83rd theSession governing(2025) body– to4 the– AttorneyNRS 283.440 and 293.800.torney General for prosecution pursuant to NRS6. 283.440 and 293.800.

(b) Pursuant to paragraph (b) of subsection 3, the public officer fails to initiate action to carry out the election duty, the Secretary of State shall immediately refer a complaint against the public officer to the Attorney General for prosecution pursuant to NRS 283.440 and 293.800.

6.

2.

NRS 293.800 is hereby amended to read as follows:

293.800 1.