AB147 - Requires proof of identity to vote. (BDR 24-624)

A.B. 147 - *AB147* ASSEMBLY BILL NO. 147–ASSEMBLYMEMBER HAFEN PREFILED JANUARY 29, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Requires proof of identity to vote. (BDR 24-624) 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. AN ACT relating to elections; requiring, with certain exceptions, proof of identity to vote; requiring the Department of Motor Vehicles, under certain circumstances, to issue identification cards at no charge; requiring a voter to include certain personal identifying information with his or her mail ballot; clarifying that voting the mail ballot of another person is a category D felony; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires, under certain circumstances, a person to provide certain 1 information to vote in person which may include, depending on the circumstances, 2 proof of residency and identity, answering questions covering the voter’s personal 3 data or providing additional personal data. (NRS 293.2725, 293.277, 293.285, 4 293.303, 293.3081, 293.3082, 293.3085, 293.3585, 293.541, 293C.270, 293C.275, 5 293C.292, 293C.3035, 293C.3585) Sections 11, 13, 14, 17, 22, 38, 40, 41, 43 and 6 45 of this bill require, with certain exceptions, that a person provide one of the 7 forms of proof of identity specified in section 2 of this bill to vote in person. 8 Section 2 sets forth the acceptable forms of proof of identity which include: (1) a 9 driver’s license or identification card issued by the Department of Motor Vehicles; 10 (2) an identification card issued by this State or another state, the District of 11 Columbia, any territory of the United States or the United States Government; (3) 12 an identification card issued by a college or university within the Nevada System of 13 Higher Education or by a public technical school in this State; (4) an identification 14 card issued to an employee by this State or an agency or political subdivision 15 thereof, or the United States Government; (5) a passport issued by the United States 16 Government; (6) a military identification card issued by any branch of the Armed 17 Forces of the United States; (7) an identification card issued by a federally 18 recognized Indian tribe; and (8) a permit to carry a concealed firearm. Such 19 documentation: (1) must be current or expired for less than 4 years; or (2) if the 20 holder is 70 years of age or older, may be expired for any length of time. Sections 21 11, 29 and 38 of this bill make conforming changes to requirements for signature 22 – 2 – - *AB147* verification to reflect the contents of certain forms of proof of identity which are 23 included in section 2. Section 15 of this bill requires the Secretary of State and 24 each county and city clerk to ensure that instructions concerning the proof of 25 identity required to vote are posted at each polling place. Sections 5, 6, 10, 12, 21, 26 23-32, 34, 39 and 44 of this bill make various conforming changes to existing 27 provisions to reflect the requirement to provide proof of identity to vote in person. 28 Sections 3 and 4 of this bill: (1) require the Department of Motor Vehicles to 29 issue an identification card, free of charge, to a registered voter who does not 30 possess one of the acceptable forms of proof of identity and attests that he or she is 31 experiencing financial hardship; and (2) require the registered voter to submit 32 certain information with an application for the identification card. Section 46 of 33 this bill makes conforming changes to reflect that such identification card must be 34 issued free of charge. 35 Existing law requires a voter who votes by mail ballot to affix his or her 36 signature on the return envelope of the mail ballot for the county clerk or city clerk 37 to check the signature to verify the identity of the voter. (NRS 293.269917, 38 293.269927, 293C.26316, 293C.26327) Sections 8 and 36 of this bill also require a 39 voter who votes by mail ballot to write on the return envelope the last four digits of 40 his or her driver’s license number issued by the Department of Motor Vehicles or, 41 if he or she does not have such a number, the last four digits of his or her social 42 security number. If he or she does not have a driver’s license or a social security 43 number, sections 8 and 36 require the voter to provide the identification number 44 issued to the voter by the county clerk when he or she registered to vote. Sections 9 45 and 37 of this bill require the county clerk and city clerk to verify that the 46 identifying numbers written on the return envelope match the information of the 47 voter in the records of the county clerk or city clerk. Sections 7 and 35 of this bill 48 require the return envelope sent with a mail ballot to each active registered voter to 49 include a flap to cover the signature and identifying numbers of the voter. 50 Sections 16 and 42 of this bill provide that a person applying to vote whose 51 identity has been challenged must furnish proof of identity in response to such a 52 challenge. 53 Section 18 of this bill authorizes, under certain circumstances, a person who 54 fails to provide proof of identity when voting in person to cast a provisional ballot. 55 Section 19 of this bill makes conforming changes to the information that must be 56 provided to a person who casts a provisional ballot. Section 20 of this bill provides 57 that the provisional ballot of such a voter must be counted if the person provides 58 proof of identity to the county clerk or city clerk, not later than 5 p.m. on the Friday 59 following election day. 60 Section 33 of this bill clarifies that voting the mail ballot of another person is a 61 category D felony. 62 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 293 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2, 3 and 4 of this act. 2 Sec. 2. “Proof of identity” means any of the following forms 3 of identification which show the name of and contain a 4 recognizable photograph of the person to whom the identification 5 is issued: 6 – 3 – - *AB147* 1. A driver’s license or identification card issued by the 1 Department of Motor Vehicles. 2 2. An identification card issued by: 3 (a) This State or another state, the District of Columbia or any 4 territory of the United States; 5 (b) The United States Government; 6 (c) A college or university within the Nevada System of Higher 7 Education; or 8 (d) A public technical school in this State. 9 3. An employee identification card issued by this State, an 10 agency or political subdivision thereof, or the United States 11 Government. 12 4. A passport issued by the United States Government. 13 5. A military identification card issued by any branch of the 14 Armed Forces of the United States. 15 6. An identification card issued by a federally recognized 16 Indian tribe. 17 7. A permit to carry a concealed firearm issued pursuant to 18 the provisions of NRS 202.3653 to 202.369, inclusive, 19  which is, except as otherwise provided by specific statute, 20 current or expired for less than 4 years or, if the holder is 70 years 21 of age or older, current or expired for any length of time. 22 Sec. 3. The Department of Motor Vehicles shall issue an 23 identification card at no charge to a person who: 24 1. Is a registered voter of this State; 25 2. Does not possess a form of proof of identity described in 26 section 2 of this act; 27 3. Attests that he or she is experiencing a financial hardship; 28 and 29 4. Submits an application pursuant to NRS 483.850 and 30 section 4 of this act. 31 Sec. 4. 1. A person who wishes to obtain an identification 32 card at no charge pursuant to section 3 of this act must, in 33 addition to the requirements of NRS 483.850, submit to the 34 Department of Motor Vehicles: 35 (a) Proof that the applicant is a registered voter of this State; 36 and 37 (b) An attestation that he or she is experiencing a financial 38 hardship. 39 2. The Department of Motor Vehicles shall not require a 40 person who submits an application pursuant to this section to 41 provide proof of financial hardship. 42 Sec. 5. NRS 293.010 is hereby amended to read as follows: 43 293.010 As used in this title, unless the context otherwise 44 requires, the words and terms defined in NRS 293.016 to 293.121, 45 – 4 – - *AB147* inclusive, and section 2 of this act have the meanings ascribed to 1 them in those sections. 2 Sec. 6. NRS 293.177 is hereby amended to read as follows: 3 293.177 1. Except as otherwise provided in NRS 293.165 4 and 293.166, a name may not be printed on a ballot to be used at a 5 primary election unless the person named has filed a declaration of 6 candidacy with the appropriate filing officer and paid the filing fee 7 required by NRS 293.193 not earlier than: 8 (a) For a candidate for judicial office, the first Monday in 9 January of the year in which the election is to be held and not later 10 than 5 p.m. on the second Friday after the first Monday in January; 11 and 12 (b) For all other candidates, the first Monday in March of the 13 year in which the election is to be held and not later than 5 p.m. on 14 the second Friday after the first Monday in March. 15 2. A declaration of candidacy required to be filed pursuant to 16 this chapter must be in substantially the following form: 17 (a) For partisan office: 18 19 DECLARATION OF CANDIDACY OF ........ FOR THE 20 OFFICE OF ................ 21 22 State of Nevada 23 24 County of ........................ 25 26 For the purpose of having my name placed on the official 27 ballot as a candidate for the ................ Party nomination for 28 the office of ........., I, the undersigned ........, do swear or 29 affirm under penalty of perjury that I actually, as opposed to 30 constructively, reside at .........., in the City or Town of ......., 31 County of .........., State of Nevada; that my actual, as opposed 32 to constructive, residence in the State, district, county, 33 township, city or other area prescribed by law to which the 34 office pertains began on a date at least 30 days immediately 35 preceding the date of the close of filing of declarations of 36 candidacy for this office; that my telephone number is 37 ............, and the address at which I receive mail, if different 38 than my residence, is .........; that I am registered as a member 39 of the ................ Party; that I am a qualified elector pursuant 40 to Section 1 of Article 2 of the Constitution of the State of 41 Nevada; that if I have ever been convicted of treason or a 42 felony, my civil rights have been restored; that I have not, in 43 violation of the provisions of NRS 293.176, changed the 44 designation of my political party or political party affiliation 45 – 5 – - *AB147* on an official application to register to vote in any state since 1 December 31 before the closing filing date for this election; 2 that I generally believe in and intend to support the concepts 3 found in the principles and policies of that political party in 4 the coming election; that if nominated as a candidate of the 5 ................ Party at the ensuing election, I will accept that 6 nomination and not withdraw; that I will not knowingly 7 violate any election law or any law defining and prohibiting 8 corrupt and fraudulent practices in campaigns and elections in 9 this State; that I will qualify for the office if elected thereto, 10 including, but not limited to, complying with any limitation 11 prescribed by the Constitution and laws of this State 12 concerning the number of years or terms for which a person 13 may hold the office; that I understand that knowingly and 14 willfully filing a declaration of candidacy which contains a 15 false statement is a crime punishable as a gross misdemeanor 16 and also subjects me to a civil action disqualifying me from 17 entering upon the duties of the office; and that I understand 18 that my name will appear on all ballots as designated in this 19 declaration. 20 21 ................................................................ 22 (Designation of name) 23 24 ................................................................ 25 (Signature of candidate for office) 26 27 Subscribed and sworn to before me 28 this ...... day of the month of ...... of the year ...... 29 30 ...................................................................... 31 Notary Public or other person 32 authorized to administer an oath 33 34 (b) For nonpartisan office: 35 36 DECLARATION OF CANDIDACY OF ........ FOR THE 37 OFFICE OF ................ 38 39 State of Nevada 40 41 County of ........................ 42 43 For the purpose of having my name placed on the official 44 ballot as a candidate for the office of ................, I, the 45 – 6 – - *AB147* undersigned ................, do swear or affirm under penalty of 1 perjury that I actually, as opposed to constructively, reside at 2 ........., in the City or Town of ......., County of ........., State of 3 Nevada; that my actual, as opposed to constructive, residence 4 in the State, district, county, township, city or other area 5 prescribed by law to which the office pertains began on a date 6 at least 30 days immediately preceding the date of the close 7 of filing of declarations of candidacy for this office; that my 8 telephone number is ..........., and the address at which I 9 receive mail, if different than my residence, is ..........; that I 10 am a qualified elector pursuant to Section 1 of Article 2 of the 11 Constitution of the State of Nevada; that if I have ever been 12 convicted of treason or a felony, my civil rights have been 13 restored; that if nominated as a nonpartisan candidate at the 14 ensuing election, I will accept the nomination and not 15 withdraw; that I will not knowingly violate any election law 16 or any law defining and prohibiting corrupt and fraudulent 17 practices in campaigns and elections in this State; that I will 18 qualify for the office if elected thereto, includi [Text truncated for display. 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