AB242A - Revises provisions relating to elections. (BDR 24-365)

(Reprinted with amendments adopted on May 25, 2023) SECOND REPRINT A.B. 242 - *AB242_R2* ASSEMBLY BILL NO. 242–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS) MARCH 3, 2023 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections. (BDR 24-365) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 6, 9, 17) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to elections; requiring ballots and votes be counted using a mechanical voting system; revising provisions relating to accommodations for certain voters who are elderly or have a disability; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that voting at any election conducted under title 24 of 1 NRS must be on printed ballots or by any other system approved by the Secretary 2 of State or specifically authorized by law. (NRS 293.270) Existing law also 3 provides that mechanical voting systems may be used to cast, register, record and 4 count ballots or votes in all statewide, county, city and district elections of any kind 5 held in this State. (NRS 293B.050) Section 9 of this bill provides that ballots or 6 votes: (1) may be cast, registered and recorded using a mechanical voting system; 7 and (2) must be counted using a mechanical voting system. Sections 1, 10-13, 20, 8 22-24, 26, 28, 30, 32, 34, 36, 38, 41, 43, 45 and 47 of this bill make conforming 9 changes to require the use of a mechanical voting system for counting votes and 10 clarify that the use of a mechanical voting system for casting ballots is authorized 11 but not required. 12 Existing law requires that, with certain exceptions, each polling place must 13 have at least one voting booth that is specifically designed, designated and 14 equipped for voters who are elderly or voters with a disability. (NRS 293.2955, 15 293C.281) Sections 6 and 17 of this bill instead require, with certain exceptions, 16 – 2 – - *AB242_R2* that each polling place must have at least two such voting booths and additional 17 voting booths if determined necessary by the county clerk or city clerk. Sections 6 18 and 17 further require each county clerk, city clerk and all election board officers 19 to complete training in the use of the voting booths and specially equipped voting 20 devices in order to assist such voters. Sections 8 and 19 of this bill make 21 conforming changes to revise existing internal references relating to sections 6 and 22 17. 23 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 293.207 is hereby amended to read as follows: 1 293.207 1. Election precincts must be established on the 2 basis of the number of registered voters therein, with a maximum of 3 5,000 registered voters who are not designated inactive pursuant to 4 NRS 293.530 per precinct in those precincts in which a mechanical 5 voting system is used [.] for casting ballots. 6 2. Except as otherwise provided in subsections 3 and 4, the 7 county clerk may consolidate two or more contiguous election 8 precincts into a single voting district to conduct a particular election 9 as public convenience, necessity and economy may require. 10 3. If a county clerk proposes to consolidate two or more 11 contiguous election precincts, in whole or in part, pursuant to 12 subsection 2, the county clerk shall, at least 14 days before 13 consolidating the precincts, cause notice of the proposed 14 consolidation to be: 15 (a) Posted in the manner prescribed for a regular meeting of the 16 board of county commissioners; and 17 (b) Mailed to each Assemblyman, Assemblywoman, State 18 Senator, county commissioner and, if applicable, member of the 19 governing body of a city who represents residents of a precinct 20 affected by the consolidation. 21 4. A person may file a written objection to the proposed 22 consolidation with the county clerk. The county clerk shall consider 23 each written objection filed pursuant to this subsection before 24 consolidating the precincts. 25 Sec. 2. (Deleted by amendment.) 26 Sec. 3. (Deleted by amendment.) 27 Sec. 4. (Deleted by amendment.) 28 Sec. 5. (Deleted by amendment.) 29 Sec. 6. NRS 293.2955 is hereby amended to read as follows: 30 293.2955 1. Except as otherwise provided in subsection 2, at 31 all times during which a polling place is open: 32 (a) The polling place must: 33 – 3 – - *AB242_R2* (1) Be accessible to a voter who is elderly or a voter with a 1 disability; and 2 (2) Have at least [one] two voting [booth] booths that [is:] 3 are: 4 (I) Designed to allow a voter in a wheelchair to vote; 5 (II) Designated for use by a voter who is elderly or a voter 6 with a disability; 7 (III) Equipped to allow a voter who is elderly or a voter 8 with a disability to vote with the same privacy as a voter who is not 9 elderly or as a voter without a disability; and 10 (IV) Equipped with a mechanical recording device which 11 directly records the votes electronically and which may be used by a 12 voter with a disability; and 13 (b) Either: 14 (1) The polling place must have a separate line for voters 15 with disabilities or who are not physically able to wait in line to 16 vote. Voters in this separate line must be allowed to vote before any 17 voter who is not disabled and is physically able to wait in line to 18 vote; or 19 (2) An election board officer at the polling place must allow 20 voters with disabilities or who are not physically able to wait in line 21 to move to the front of the line of voters waiting to vote. 22 2. A polling place that does not comply with the provisions of 23 paragraph (a) of subsection 1 may be used if necessary because of a 24 natural disaster, including, without limitation, an earthquake, flood, 25 fire or storm. 26 3. If, in the opinion of the county clerk, more than two voting 27 booths described in subparagraph (2) of paragraph (a) of 28 subsection 1 are required to accommodate the needs of voters who 29 are elderly or voters with a disability, the county clerk shall place 30 additional voting booths at the polling place as needed. 31 4. At each polling place, the county clerk is encouraged to: 32 (a) Post in a conspicuous place, in at least 12-point type, 33 instructions for voting; 34 (b) Provide ballots in alternative audio and visual formats for 35 use by a voter who is elderly or a voter with a disability; and 36 (c) Provide, in alternative audio and visual formats for use by a 37 voter who is elderly or a voter with a disability, all materials that 38 are: 39 (1) Related to the election; and 40 (2) Made available to a voter in printed form at the polling 41 place. 42 [4.] 5. As an alternative to carrying out the functions described 43 in subsection [3,] 4, if, in the opinion of the county clerk, the needs 44 of voters who are elderly or disabled requiring the use of specially 45 – 4 – - *AB242_R2* equipped voting devices will be best served by placing such devices 1 at centralized voting locations, the county clerk may so provide. If 2 the county clerk provides for the placement of specially equipped 3 voting devices at centralized locations, a voter who is elderly or 4 disabled and requires the use of such a device to be able to cast a 5 ballot without assistance may cast his or her ballot at any centralized 6 voting location designated by the county clerk. 7 6. Each county clerk and all election board officers must 8 complete training in the use of the voting booths and specially 9 equipped voting devices required pursuant to this section to ensure 10 that the county clerk and election board officers are able to assist 11 voters who are elderly or voters with a disability in the use of such 12 voting booths and devices. 13 Sec. 7. (Deleted by amendment.) 14 Sec. 8. NRS 293.565 is hereby amended to read as follows: 15 293.565 1. Except as otherwise provided in subsection 3, 16 sample ballots must include: 17 (a) If applicable, the statement required by NRS 293.267; 18 (b) The fiscal note or description of anticipated financial effect, 19 as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.015, 20 295.095 or 295.230 for each proposed constitutional amendment, 21 statewide measure, measure to be voted upon only by a special 22 district or political subdivision and advisory question; 23 (c) An explanation, as provided pursuant to NRS 218D.810, 24 293.250, 293.481, 295.121 or 295.230, of each proposed 25 constitutional amendment, statewide measure, measure to be voted 26 upon only by a special district or political subdivision and advisory 27 question; 28 (d) Arguments for and against each proposed constitutional 29 amendment, statewide measure, measure to be voted upon only by a 30 special district or political subdivision and advisory question, and 31 rebuttals to each argument, as provided pursuant to NRS 218D.810, 32 293.250, 293.252 or 295.121; and 33 (e) The full text of each proposed constitutional amendment. 34 2. If, pursuant to the provisions of NRS 293.2565, the word 35 “Incumbent” must appear on the ballot next to the name of the 36 candidate who is the incumbent, the word “Incumbent” must appear 37 on the sample ballot next to the name of the candidate who is the 38 incumbent. 39 3. Sample ballots that are mailed to registered voters may be 40 printed without the full text of each proposed constitutional 41 amendment if: 42 (a) The cost of printing the sample ballots would be significantly 43 reduced if the full text of each proposed constitutional amendment 44 were not included; 45 – 5 – - *AB242_R2* (b) The county clerk ensures that a sample ballot that includes 1 the full text of each proposed constitutional amendment is provided 2 at no charge to each registered voter who requests such a sample 3 ballot; and 4 (c) The sample ballots provided to each polling place include the 5 full text of each proposed constitutional amendment. 6 4. A county clerk may establish a system for distributing 7 sample ballots by electronic means to each registered voter who 8 elects to receive a sample ballot by electronic means. Such a system 9 may include, without limitation, electronic mail or electronic access 10 through an Internet website. If a county clerk establishes such a 11 system and a registered voter elects to receive a sample ballot by 12 electronic means, the county clerk shall distribute the sample ballot 13 to the registered voter by electronic means pursuant to the 14 procedures and requirements set forth by regulations adopted by the 15 Secretary of State. 16 5. If a registered voter does not elect to receive a sample ballot 17 by electronic means pursuant to subsection 4, the county clerk shall 18 distribute the sample ballot to the registered voter by mail. 19 6. Except as otherwise provided in subsection 7, before the 20 period for early voting for any election begins, the county clerk shall 21 distribute to each registered voter in the county by mail or electronic 22 means, as applicable, the sample ballot for his or her precinct, with a 23 notice informing the voter of the location of his or her polling place 24 or places. If the location of the polling place or places has changed 25 since the last election: 26 (a) The county clerk shall mail a notice of the change to each 27 registered voter in the county not sooner than 10 days before 28 distributing the sample ballots; or 29 (b) The sample ballot must also include a notice in bold type 30 immediately above the location which states: 31 32 NOTICE: THE LOCATION OF YOUR POLLING PLACE OR 33 PLACES HAS CHANGED SINCE THE LAST ELECTION 34 35 7. If a person registers to vote less than 20 days before the date 36 of an election, the county clerk is not required to distribute to the 37 person the sample ballot for that election by mail or electronic 38 means. 39 8. Except as otherwise provided in subsection 9, a sample 40 ballot required to be distributed pursuant to this section must: 41 (a) Be prepared in at least 12-point type; and 42 (b) Include on the front page, in a separate box created by bold 43 lines, a notice prepared in at least 20-point bold type that states: 44 – 6 – - *AB242_R2* NOTICE: TO RECEIVE A SAMPLE BALLOT IN 1 LARGE TYPE, CALL (Insert appropriate telephone number) 2 3 9. A portion of a sample ballot that contains a facsimile of the 4 display area of a voting device may include material in less than 12- 5 point type to the extent necessary to make the facsimile fit on the 6 pages of the sample ballot. 7 10. The sample ballot distributed to a person who requests a 8 sample ballot in large type by exercising the option provided 9 pursuant to NRS 293.508, or in any other manner, must be prepared 10 in at least 14-point type, or larger when practicable. 11 11. If a person requests a sample ballot in large type, the 12 county clerk shall ensure that all future sample ballots distributed to 13 that person from the county are in large type. 14 12. The county clerk shall include in each sample ballot a 15 statement indicating that the county clerk will, upon request of a 16 voter who is elderly or disabled, make reasonable accommodations 17 to allow the voter to vote at his or her polling place or places and 18 provide reasonable assistance to the voter in casting his or her vote, 19 including, without limitation, providing appropriate materials to 20 assist the voter. In addition, if the county clerk has provided 21 pursuant to subsection [4] 5 of NRS 293.2955 for the placement at 22 centralized voting locations of specially equipped voting devices for 23 use by voters who are elderly or disabled, the county clerk shall 24 include in the sample ballot a statement indicating: 25 (a) The addresses of such centralized voting locations; 26 (b) The types of specially equipped voting devices available at 27 such centralized voting locations; and 28 (c) That a voter who is elderly or disabled may cast his [Text truncated for display. Full text available on LegiScan.]