AB229 - Revises provisions relating to elections. (BDR 24-37)

A.B. 229 - *AB229* ASSEMBLY BILL NO. 229–ASSEMBLYMEMBER DELONG FEBRUARY 6, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections. (BDR 24-37) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to elections; revising certain deadlines relating to the return of mail ballots; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, if a mail ballot is returned by mail, the mail ballot must be: 1 (1) postmarked on or before the day of the election; and (2) received by the county 2 or city clerk by 5 p.m. on the fourth day following the election. (NRS 293.269921, 3 293.269923, 293C.26321, 293C.26323) This bill instead requires mail ballots that 4 are returned by mail to be postmarked on or before the last day of the period for 5 early voting and received by the county or city clerk before the time set for the 6 closing of the polls on the day of the election. 7 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 293.269921 is hereby amended to read as 1 follows: 2 293.269921 1. Except as otherwise provided in subsection 2 3 and chapter 293D of NRS, in order for a mail ballot to be counted 4 for any election, the mail ballot must be: 5 (a) Before the time set for closing of the polls, delivered by hand 6 to the county clerk, or any ballot drop box established in the county 7 pursuant to this section; or 8 (b) Mailed to the county clerk, and: 9 (1) Postmarked on or before the last day of the [election;] 10 period for early voting; and 11 – 2 – - *AB229* (2) Received by the clerk [not later than 5 p.m. on] before 1 the [fourth] time set for closing of the polls on the day [following] 2 of the election. 3 2. If a mail ballot is received by mail [not later than 5 p.m. on] 4 before the [third] time set for closing of the polls on the day 5 [following] of the election and the date of the postmark cannot be 6 determined, the mail ballot shall be deemed to have been 7 postmarked on or before the last day of the [election.] period for 8 early voting. 9 3. Each county clerk must establish a ballot drop box at every 10 polling place in the county, including, without limitation, a polling 11 place for early voting. A county clerk may establish a ballot drop 12 box at any other location in the county where mail ballots can be 13 delivered by hand and collected during the period for early voting 14 and on election day. No person other than a clerk may establish a 15 drop box for mail ballots. 16 4. A ballot drop box must be: 17 (a) Constructed of metal or any other rigid material of sufficient 18 strength and resistance to protect the security of the mail ballots; and 19 (b) Capable of securely receiving and holding the mail ballots 20 and being locked. 21 5. A ballot drop box must be: 22 (a) Placed in an accessible and convenient location at the office 23 of the county clerk or a polling place in the county; and 24 (b) Made available for use during the hours when the office of 25 the county clerk, or the polling place, is open for business or voting, 26 as applicable. 27 Sec. 2. NRS 293.269923 is hereby amended to read as 28 follows: 29 293.269923 1. Except as otherwise provided in subsection 2, 30 at the request of a voter whose mail ballot has been prepared by or 31 on behalf of the voter, a person authorized by the voter may return 32 the mail ballot on behalf of the voter by mail or personal delivery to 33 the county clerk, or any ballot drop box established in the county, 34 pursuant to NRS 293.269921. 35 2. Except for an election board officer in the course of the 36 election board officer’s official duties, a person shall not willfully: 37 (a) Impede, obstruct, prevent or interfere with the return of a 38 voter’s mail ballot; 39 (b) Deny a voter the right to return the voter’s mail ballot; or 40 (c) If the person receives the voter’s mail ballot and 41 authorization to return the mail ballot on behalf of the voter by mail 42 or personal delivery, fail to return the mail ballot, unless otherwise 43 authorized by the voter [, by] : 44 (1) By mail [or personal delivery: 45 – 3 – - *AB229* (1)] : 1 (I) Before the end of the third day after the day of receipt, 2 if the person receives the mail ballot from the voter four or more 3 days before the last day of the [election;] period for early voting; or 4 [(2)] (II) Before the deadline established by the United States 5 Postal Service for the mail ballot to be postmarked on the last day of 6 the [election or before the polls close on the day of the election, as 7 applicable to the type of delivery,] period for early voting, if the 8 person receives the mail ballot from the voter three or fewer days 9 before the last day of the [election.] period for early voting; or 10 (2) By personal delivery: 11 (I) Before the end of the third day after the day of 12 receipt, if the person receives the mail ballot from the voter four or 13 more days before the day of the election; or 14 (II) Before the time set for closing of the polls on the 15 day of the election, if the person receives the mail ballot from the 16 voter three or fewer days before the day of the election. 17 3. A person who violates any provision of subsection 2 is 18 guilty of a category E felony and shall be punished as provided in 19 NRS 193.130. 20 Sec. 3. NRS 293C.26321 is hereby amended to read as 21 follows: 22 293C.26321 1. Except as otherwise provided in subsection 2 23 and chapter 293D of NRS, in order for a mail ballot to be counted 24 for any election, the mail ballot must be: 25 (a) Before the time set for closing of the polls, delivered by hand 26 to the city clerk, or any ballot drop box established in the city, 27 pursuant to this section; or 28 (b) Mailed to the city clerk, and: 29 (1) Postmarked on or before the last day of the [election;] 30 period for early voting; and 31 (2) Received by the clerk [not later than 5 p.m. on] before 32 the [fourth] time set for closing of the polls on the day [following] 33 of the election. 34 2. If a mail ballot is received by mail [not later than 5 p.m. on] 35 before the [third] time set for closing of the polls on the day 36 [following] of the election and the date of the postmark cannot be 37 determined, the mail ballot shall be deemed to have been 38 postmarked on or before the last day of the [election.] period for 39 early voting. 40 3. Each city clerk must establish a ballot drop box at every 41 polling place in the city, including, without limitation, a polling 42 place for early voting. A city clerk may establish a drop box at any 43 other location in the city where mail ballots can be delivered by 44 hand and collected during the period for early voting and on election 45 – 4 – - *AB229* day. No person other than a clerk may establish a drop box for mail 1 ballots. 2 4. A ballot drop box must be: 3 (a) Constructed of metal or any other rigid material of sufficient 4 strength and resistance to protect the security of the mail ballots; and 5 (b) Capable of securely receiving and holding the mail ballots 6 and being locked. 7 5. A ballot drop box must be: 8 (a) Placed in an accessible and convenient location at the office 9 of the city clerk, or a polling place in the city; and 10 (b) Made available for use during the hours when the office of 11 the city clerk, or the polling place, is open for business or voting, as 12 applicable. 13 Sec. 4. NRS 293C.26323 is hereby amended to read as 14 follows: 15 293C.26323 1. Except as otherwise provided in subsection 2, 16 at the request of a voter whose mail ballot has been prepared by or 17 on behalf of the voter, a person authorized by the voter may return 18 the mail ballot on behalf of the voter by mail or personal delivery to 19 the city clerk, or any ballot drop box established in the city, pursuant 20 to NRS 293C.26321. 21 2. Except for an election board officer in the course of the 22 election board officer’s official duties, a person shall not willfully: 23 (a) Impede, obstruct, prevent or interfere with the return of a 24 voter’s mail ballot; 25 (b) Deny a voter the right to return the voter’s mail ballot; or 26 (c) If the person receives the voter’s mail ballot and 27 authorization to return the mail ballot on behalf of the voter by mail 28 or personal delivery, fail to return the mail ballot, unless otherwise 29 authorized by the voter [, by] : 30 (1) By mail [or personal delivery: 31 (1)] : 32 (I) Before the end of the third day after the day of receipt, 33 if the person receives the mail ballot from the voter four or more 34 days before the last day of the [election;] period for early voting; or 35 [(2)] (II) Before the deadline established by the United States 36 Postal Service for the mail ballot to be postmarked on the last day of 37 the [election or before the polls close on the day of the election, as 38 applicable to the type of delivery,] period for early voting, if the 39 person receives the mail ballot from the voter three or fewer days 40 before the last day of the [election.] period for early voting; or 41 (2) By personal delivery: 42 (I) Before the end of the third day after the day of 43 receipt, if the person receives the mail ballot from the voter four or 44 more days before the day of the election; or 45 – 5 – - *AB229* (II) Before the time set for closing of the polls on the 1 day of the election, if the person receives the mail ballot from the 2 voter three or fewer days before the day of the election. 3 3. A person who violates any provision of subsection 2 is 4 guilty of a category E felony and shall be punished as provided in 5 NRS 193.130. 6 Sec. 5. This act becomes effective on July 1, 2025. 7 H