AB228 - Revises provisions relating to elections. (BDR 24-100)

A.B. 228 - *AB228* ASSEMBLY BILL NO. 228–ASSEMBLYMEMBER DICKMAN FEBRUARY 6, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections. (BDR 24-100) 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; establishing procedures for the use of absent ballots in an election; requiring, with certain exceptions, proof of identity for voting in person; 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 absent ballot; prohibiting, with certain exceptions, a person from returning an absent ballot on behalf of a voter; repealing provisions that require county and city clerks to prepare and distribute mail ballots to certain registered voters for every election; repealing provisions relating to voting, collecting, verifying and counting mail ballots; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires, under certain circumstances, that a person provide 1 certain information to vote in person which may include, depending on the 2 circumstances, proof of residency and identity, answering questions covering the 3 personal data of the voter or providing additional personal data. (NRS 293.2725, 4 293.277, 293.285, 293.303, 293.3075, 293.3081, 293.3082, 293.3085, 293.3585, 5 293.541, 293C.270, 293C.275, 293C.292, 293C.3035, 293C.3585) Sections 40, 42, 6 44, 45, 48, 53, 111, 113, 114, 117 and 120 of this bill require, with certain 7 exceptions, that a person provide one of the forms of proof of identity specified in 8 section 4 of this bill to vote in person. Section 46 of this bill requires the Secretary 9 of State and each county and city clerk to ensure that instructions concerning the 10 proof of identity required to vote are posted at each polling place. Sections 29, 31, 11 43, 52, 63-72, 107, 112 and 118 of this bill make various conforming changes to 12 – 2 – - *AB228* existing provisions to reflect the requirement to provide proof of identity to vote in 13 person. 14 Sections 27 and 28 of this bill: (1) require the Department of Motor Vehicles 15 to issue an identification card, free of charge, to a registered voter who does not 16 possess one of the acceptable forms of proof of identity and who is experiencing 17 financial hardship; and (2) require the registered voter to submit certain information 18 with an application for the identification card. Section 131 of this bill makes 19 conforming changes to reflect that such an identification card must be issued free of 20 charge. 21 Sections 47 and 115 of this bill provide that a person applying to vote whose 22 identity has been challenged must furnish proof of identity in response to such a 23 challenge. 24 Section 49 of this bill authorizes, under certain circumstances, a person who 25 fails to provide proof of identity when voting in person to cast a provisional ballot. 26 Section 50 of this bill makes conforming changes to the information that must be 27 provided to a person who casts a provisional ballot. Section 51 of this bill provides 28 that the provisional ballot of such a voter must be counted if the person provides 29 proof of identity to the county or city clerk, not later than 5 p.m. on the Friday 30 following election day. 31 Section 74 of this bill clarifies that voting the absent ballot of another person is 32 a category D felony. 33 Existing law establishes procedures for the preparation and distribution of mail 34 ballots to each active registered voter for every election, as well as procedures for 35 voting, returning, verifying, and counting the mail ballots. (NRS 293.269911- 36 293.269937, 293C.263-293C.26337) Section 132 of this bill repeals these 37 provisions. Sections 5-26 and 80-103 of this bill set forth the process for 38 requesting, voting, returning, verifying and counting absent ballots. Sections 30, 39 32-34, 36, 39, 54-62, 73, 76-78, 105, 106, 108-110, 116, 119 and 121-130 of this 40 bill make conforming changes to incorporate absent ballots into the relevant 41 provisions of Nevada Revised Statutes relating to elections. The provisions of this 42 bill relating to absent ballots are modeled after similar provisions of law that 43 existed before the Legislature enacted provisions relating to mail ballots in the 81st 44 session of the Legislature. 45 Existing law provides that a mail ballot that is mailed to the county or city clerk 46 must be postmarked on or before the day of the election. (NRS 293.269921, 47 293C.26321) Sections 16 and 91 of this bill provide that an absent ballot that is 48 mailed to the county or city clerk must be postmarked at least 3 days before the day 49 of the election. 50 Existing law provides that a person authorized by a voter may return a mail 51 ballot on behalf of the voter. (NRS 293.269923, 293C.26323) Sections 20 and 97 52 of this bill instead provide that, with certain exceptions, only the voter or, with the 53 authorization of the voter, a member of the immediate family of the voter may 54 return an absent ballot on behalf of the voter. Sections 20 and 97 also prohibit a 55 person from returning more than two absent ballots on behalf of a member of his or 56 her immediate family. 57 – 3 – - *AB228* 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 to 28, inclusive, of this 2 act. 3 Sec. 2. “Absent ballot” means a ballot voted by a person who 4 expects to be or is absent from the polling place for his or her 5 precinct or district on election day. 6 Sec. 3. “Absent voter” means a registered voter who has 7 received or who has voted an absent ballot. 8 Sec. 4. “Proof of identity” means any of the following forms 9 of identification which show the name of and contain a 10 recognizable photograph of the person to whom the identification 11 is issued: 12 1. A driver’s license or identification card issued by the 13 Department of Motor Vehicles. 14 2. An identification card issued by: 15 (a) This State or another state, the District of Columbia or any 16 territory of the United States; 17 (b) The United States Government; 18 (c) A college or university within the Nevada System of Higher 19 Education; or 20 (d) A public technical school in this State. 21 3. An employee identification card issued by this State, an 22 agency or political subdivision, thereof, or the United States 23 Government. 24 4. A passport issued by the United States Government. 25 5. A military identification card issued by any branch of the 26 Armed Forces of the United States. 27 6. An identification card issued by a federally recognized 28 Indian tribe. 29 7. A permit to carry a concealed firearm issued pursuant to 30 the provisions of NRS 202.3653 to 202.369, inclusive, 31  which is, except as otherwise provided by specific statute, 32 current or expired for less than 4 years or, if the holder is 70 years 33 of age or older, current or expired for any length of time. 34 Sec. 5. 1. When it appears to the satisfaction of the county 35 clerk that an absent ballot central counting board will expedite the 36 work of tallying the absent ballot vote of the county, the county 37 clerk may appoint such a board. 38 2. In counties where an absent ballot central counting board 39 has been appointed, no central election board may be appointed. 40 The absent ballot central counting board shall perform the duties 41 of the central election board. 42 – 4 – - *AB228* Sec. 6. 1. An absent ballot central counting board consists 1 of election board officers appointed in such numbers as the county 2 clerk determines to be required by the volume of absent ballots 3 requested. 4 2. The county clerk’s deputies who perform duties in 5 connection with elections shall be deemed officers of the absent 6 ballot central counting board. 7 3. When requested by the county clerk, the sheriff shall 8 appoint a deputy sheriff to keep order during the counting of the 9 absent ballot votes by the absent ballot central counting board. 10 4. The absent ballot central counting board is under the 11 direction of the county clerk. 12 Sec. 7. An absent ballot must be voted: 13 1. On a paper ballot; or 14 2. By any other system authorized by state or federal law. 15 Sec. 8. As used in sections 8 to 15, inclusive, of this act, 16 “sufficient written notice” means a: 17 1. Written request for an absent ballot that is signed by the 18 registered voter and returned to the county clerk in person or by 19 mail or approved electronic transmission; 20 2. Form prescribed by the Secretary of State that is completed 21 and signed by the registered voter and returned to the county clerk 22 in person or by mail or by approved electronic transmission; or 23 3. Form provided by the Federal Government. 24 Sec. 9. 1. The county clerk of each county shall prepare an 25 absent ballot for the use of registered voters who have requested 26 absent ballots. The county clerk shall make reasonable 27 accommodations for the use of the absent ballot by a person who 28 is elderly or disabled, including, without limitation, by providing, 29 upon request, the absent ballot in 12-point type to a person who is 30 elderly or disabled. 31 2. The ballot must be prepared and ready for distribution to: 32 (a) Each registered voter who: 33 (1) Resides within the State, not later than 20 days before 34 the election in which it is to be used; and 35 (2) Except as otherwise provided in paragraph (b), resides 36 outside the State, not later than 40 days before a primary election, 37 presidential preference primary election or general election, if 38 possible. 39 (b) Each covered voter who is entitled to have a military 40 overseas ballot transmitted pursuant to the provisions of chapter 41 293D of NRS or the Uniformed and Overseas Citizens Absentee 42 Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time 43 required by those provisions. 44 – 5 – - *AB228* 3. Any untimely legal action which would prevent the ballot 1 from being distributed to any voter pursuant to subsection 2 is 2 moot and of no effect. 3 Sec. 10. 1. A person who, during the 6 months immediately 4 preceding an election, distributes to more than a total of 500 5 registered voters a form to request an absent ballot for the election 6 shall: 7 (a) Distribute the form prescribed by the Secretary of State, 8 which must, in 14-point type or larger at the top of the first page of 9 the form: 10 (1) Identify the person who is distributing the form; and 11 (2) Include the following notice stating, with the first 12 sentence of the notice in bold type: 13 14 This is not an official elections notice from the Secretary 15 of State or your county or city clerk. This is a form to 16 request an absent ballot that you may submit to your county 17 or city clerk if you want to vote by absent ballot. However, 18 even if you want to vote by absent ballot, you do not need to 19 submit this form if you have already requested an absent 20 ballot for this election year or are already entitled to receive 21 an absent ballot for all elections. 22 23 (b) Not later than 28 days before distributing such a form, 24 provide to the county clerk of each county to which a form will be 25 distributed written notification of the approximate number of 26 forms to be distributed to voters in the county and of the first date 27 on which the forms will be distributed. 28 (c) Not return or offer to return to a county clerk a form that 29 was mailed to a registered voter pursuant to this subsection. 30 (d) Not mail such a form later than 35 days before the election. 31 2. The provisions of this section do not authorize a person to 32 vote by absent ballot if the person is not otherwise eligible to vote 33 by absent ballot. 34 Sec. 11. 1. Except as otherwise provided in chapter 293D of 35 NRS and section 20 of this act, a registered voter who requests and 36 receives an absent ballot may vote only by absent ballot at the 37 election for which the absent ballot was issued. 38 2. If a registered voter has requested an absent ballot and the 39 absent ballot has been mailed or issued, the county clerk shall 40 notify the appropriate election board that the registered voter has 41 requested an absent ballot. 42 Sec. 12. 1. Except as otherwise provided in subsection 2, 43 NRS 293.272 and 293.502 and sections 14 and 15 of this act, a 44 – 6 – - *AB228* registered voter may request an absent ballot if, before 5 p.m. on 1 the 14th calendar day preceding the election, the registered voter: 2 (a) Provides sufficient written notice to the county clerk; and 3 (b) Has identified himself or herself to the satisfaction of the 4 county clerk. 5 2. A registered voter with a disability may use the system for 6 approved electronic transmission established by the Secretary of 7 State pursuant to subsection 2 of NRS 293D.200 to request an 8 absent ballot in accordance with NRS 293.269951. 9 3. A registered voter may request an absent ballot for all 10 elections held during the year he or she requests an absent ballot. 11 4. A county clerk shall consider a request from a registered 12 voter who has given sufficient written notice on a form provided 13 by the Federal Government as a request for an absent ballot for 14 the primary election, presidential preference primary election and 15 general election immediately following the date on which the 16 county clerk received the request. 17 5. It is unlawful for a person fraudulently to request an 18 absent ballot in the name of another person or to induce or coerce 19 another person fraudulently to request an absent ballot in the 20 name of another person. A person who violates this subsection is 21 guilty of a category E felony and shall be punished as provided in 22 NRS 193.130. 23 Sec. 13. 1. Every request for an absent ballot [Text truncated for display. Full text available on LegiScan.]