SB 102 — Revises provisions relating to elections. (BDR 24-90)

S.B.Senate Bill No.

102102–Senator SENATEDaly BCHAPTER.......... ILLN O.

102–S ENATOR D ALY PREFILED JANUARY 17, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections.

(BDR 24-90) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law establishes the Uniform Faithful Presidential Electors Act, which:

(NRS 298.005-298.089) Section 3 of this bill prohibits a person from creating or serving in a false slate of presidential electors or conspiring to create or serve in a false slate of presidential electors.

Section 3ors3 or further:

- *SB102* – 2 – Section 3 authorizes a person who believes that such an alleged violation has occurred to notify the Secretary of State in writing on a form prescribed by the Secretary of State.

Section 3 requires the Secretary of State to investigate an alleged violation or refer the alleged violation to the Attorney General or a district attorney to investigate the violation for prosecution or institute and prosecute thethect appSectionappropriate 3proceeding, furtheras prohibitsapplicable. a person convicted of creating or serving in a false slate of presidential electors or conspiring to commit such an offense from being:

Section 3 further prohibits a person convicted of creating or serving in a false slate of presidential electors or conspiring to commit such an offense from being:

Existing law provides for the restoration of certain civil rights, including the right to hold office, to certain persons who are placed on probation, are granted parole or pardoned or who have served the respective sentence and been released person convicted of a crime set forth in section 3 from obtainingprison. the restoration of the civil right to hold office.

(NRS 213.155, 213.157) Sections 5 and 6 of this bill preclude ased person convicted of a crime set forth in section 3 from obtaining the restoration of the civil right to hold office.

(NRS 298.035) Existing law further provides that the nominees for presidential elector whose candidates for President and Vice President - 83rd Session (2025) – 2 – receive the highest number of votes in this State at the general election are the presidential electors.

(NRS 298.065) Section 4 of this bill prohibits a person from knowinglyand interferingselection withof thepresidential processelectors.set set forth in existing law for the nomination andExisting selectionlaw sets forth provisions governing elections, including provisions which require or authorize the filing or submission of presidentialcertain electors.documents relating to elections.

Existing(Title law24 setsof forthNRS) provisionsSection governing1 elections,of includingthis provisionsbill whichprohibits requirea orperson authorizefrom, thepursuant filingto orsuch submissionprovisions ofand certainwith documentsintent relating to elections.defraud, knowingly creating, filing or signatures.

(Title 24 of NRS) Section 1 of this bill prohibits a person from, pursuant otherwise submitting any false document or document which contains falseg or signatures.

EXPLANATION – Matter in bolded italics is new;

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

- *SB102* – 3 – Sec.

and - 83rd Session (2025) – 3 – (b) Repay the costs of investigation and prosecution incurred by the Secretary of State or Attorney General, as applicable.

Money recovered for the reimbursement of costs of investigation and prosecution pursuant to this paragraph must be deposited withwit3.theIf the Statecourt Treasurergrants forprobation credit to a person convicted of a crime set forth in subsection 1, the Statecourt Generalshall Fund.require as a condition of probation that the person serve at least 6 months in the county jail.

3.

If the court grants probation to a person convicted of a crime set forth in subsection 1, the court shall require as a condition of probation that the person serve at least 6 months in the county jail.

If it appears that the provisions of subsection 1 have been violated or a notice of an alleged violation is received pursuant to subsectionsub(a) 4,Conduct an investigation concerning the Secretaryalleged ofviolation Stateand shall:cause the appropriate proceedings to be instituted and prosecuted;

(a)or Conduct(b) anRefer investigation concerning the alleged violation andto cause the appropriateAttorney proceedingsGeneral toor bea instituteddistrict andattorney. prosecuted;

or - *SB102* – 4 – (b) Refer the alleged violation to the Attorney General or a district attorney.

- 83rd Session (2025) – 4 – (a) Any person alleged to have committed a violation of subsection 1;

or (b) Any person the Secretary of State or a designated officer or employee of the Secretary of State has reason to believe possesses thethe7.ateA materialsperson thatconvicted areof undera subpoena.crime set forth in subsection 1 may not be:

7.

A person convicted of a crime set forth in subsection 1 may not be:

(c) “Serve in a false slate of presidential electors” means to knowingly agree to be included on a list of presidential electors whose candidates for President and Vice President of the United States did not receive the highest number of votes in this State at the general election pursuant to 3 U.S.C.

- *SB102* – 5 – 1.

- 83rd Session (2025) – 5 – (b) Four years after the date of his or her discharge from parole, is restored to the right to hold office [.] , unless the person was convicted of a crime set forth in section 3 of this act.

(c) Six years after the date of his or her discharge from parole, is restoredres2.redUpon tohis theor righther todischarge servefrom asparole, a jurorperson insotion. a criminal action.