AB287 - Revises provisions relating to elections. (BDR 24-202)

EXEMPT (Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT A.B. 287 - *AB287_R1* ASSEMBLY BILL NO. 287–ASSEMBLYMEMBERS GONZÁLEZ AND MONROE-MORENO FEBRUARY 25, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections. (BDR 24-202) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 1-3, 5) (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; revising the circumstances under which a candidate defeated at certain elections or a voter may demand a recount; requiring, under certain circumstances, that a recount for certain elections be conducted; requiring certain costs for certain recounts to be repaid from the Reserve for Statutory Contingency Account; creating the Voter Access Grant Program and the Account for the Voter Access Grant Program; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes, under certain circumstances, a candidate defeated at 1 certain elections to demand and receive a recount of the vote for the office for 2 which he or she is a candidate if he or she deposits the estimated costs for the 3 recount. (NRS 293.403) Section 1 of this bill instead: (1) authorizes a defeated 4 candidate to demand a recount in certain elections if the difference between the 5 highest number of votes cast for a candidate for the office and the number of votes 6 cast for the defeated candidate who demands the recount is 5 percent or less; and 7 (2) reorganizes the provisions of existing law that set forth how the estimated costs 8 of the recount are determined. Section 1 additionally requires, with certain 9 exceptions, a recount of the vote for an office to be conducted, at no cost to any 10 candidate, if the difference between the highest number of votes cast for a 11 candidate for the office and the next highest number of votes cast for a candidate 12 for the office is 0.25 percent or less. Such a recount is not required to be conducted 13 if the format of the ballot allowed a voter to select more than one candidate for the 14 office, unless the difference between the number of votes cast in the election for the 15 – 2 – - *AB287_R1* candidate with the lowest number of votes who won the election and the next 16 highest number of votes cast for a candidate for the office is 0.25 percent or less. 17 Existing law authorizes a voter at an election to demand and receive a recount 18 of the vote for a ballot question if the registered voter deposits the estimated costs 19 of the recount. (NRS 293.403) Section 1: (1) instead authorizes a voter to demand 20 and receive a recount of the vote for a ballot question only if the difference between 21 the results of the ballot question being approved or disapproved is 5 percent or less; 22 and (2) additionally requires a recount of the vote for a ballot question to be 23 conducted if the difference between the results of the ballot question being 24 approved or disapproved is 0.25 percent or less. 25 Sections 2-5 of this bill make conforming changes to account for the changes to 26 the recount process made pursuant to section 1. 27 Existing law: (1) requires, under certain circumstances, the State Board of 28 Examiners to repay the allowable costs from the Reserve for Statutory Contingency 29 Account to each county for a recount that concerns an office or ballot question for 30 which voting is statewide; and (2) sets forth a process for the review, submission 31 and approval of such costs. (NRS 293.405) If a recount of the vote for an office or 32 ballot question for which voting is statewide is required pursuant to section 1, 33 rather than demanded, section 3 requires: (1) the clerk of each county to submit a 34 statement of its costs in the recount to the Secretary of State for review and 35 approval; (2) the Secretary of State to submit such statements to the State Board of 36 Examiners; and (3) the State Board of Examiners to repay the allowable costs from 37 the Reserve for Statutory Contingency Account to the respective counties. 38 Existing law requires the Secretary of State to serve as the Chief Officer of 39 Elections for this State and to be responsible for the execution and enforcement of 40 the provisions of the Nevada Revised Statutes and all other provisions of state and 41 federal law relating to elections. (NRS 293.124) Section 7 of this bill requires the 42 Secretary of State to establish and administer the Voter Access Grant Program to 43 provide grants of money from the Account for the Voter Access Grant Program 44 created by section 8 of this bill to eligible entities to support the administration of 45 elections and improve voter access. For the purpose of providing such grants, an 46 “eligible entity” is defined by section 7 to mean a county, city or tribal government. 47 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 293.403 is hereby amended to read as follows: 1 293.403 1. Except as otherwise provided in NRS 293.424, a 2 candidate defeated at any election may demand and receive a 3 recount of the vote for the office for which he or she is a candidate 4 to determine the number of votes received for the defeated 5 candidate and the number of votes received for the person who won 6 the election if [, within] the difference between the highest number 7 of votes cast for a candidate for the office and the number of votes 8 cast for the defeated candidate who demands the recount is 5 9 percent or less. To demand such a recount, within 3 working days 10 after the canvass of the vote and the certification by the county clerk 11 or city clerk of the abstract of votes, the defeated candidate who 12 demands the recount [:] must: 13 – 3 – - *AB287_R1* (a) [Files] File in writing a demand with the officer with whom 1 the defeated candidate filed his or her declaration of candidacy; and 2 (b) [Deposits] Deposit in advance the estimated costs of the 3 recount with that officer. The estimated costs of the recount must 4 be determined by the officer with whom the advance is deposited 5 based on regulations adopted by the Secretary of State defining the 6 term “costs.” 7 2. [Any voter at an election may demand and receive] Except 8 as otherwise provided in this subsection and NRS 293.424, a 9 recount of the vote for an office must be conducted if, after the 10 canvass of the vote and the certification by the county clerk or city 11 clerk of the abstract of votes, the difference between the highest 12 number of votes cast for a candidate for the office and the next 13 highest number of votes cast for a candidate for the office is 0.25 14 percent or less. A recount of the votes for an office is not required 15 pursuant to this subsection if the format of the ballot allowed a 16 voter to select more than one candidate for the office, unless the 17 difference between the number of votes cast in the election for the 18 candidate with the lowest number of votes who won the election 19 and the next highest number of votes cast for a candidate for the 20 office is 0.25 percent or less. No candidate is required to pay the 21 costs of a recount that is required pursuant to this subsection. 22 3. Any voter at an election may demand and receive a recount 23 of the vote for a ballot question if [,] the difference between the 24 results of the ballot question being approved or disapproved is 5 25 percent or less. To demand such a recount, within 3 working days 26 after the canvass of the vote and the certification by the county clerk 27 or city clerk of the abstract of votes, the voter [:] who demands the 28 recount must: 29 (a) [Files] File in writing a demand with: 30 (1) The Secretary of State, if the demand is for a recount of a 31 ballot question affecting more than one county; or 32 (2) The county or city clerk who will conduct the recount, if 33 the demand is for a recount of a ballot question affecting only one 34 county or city; and 35 (b) [Deposits] Deposit in advance the estimated costs of the 36 recount with the person to whom the demand was made. 37 [3.] The estimated costs of the recount must be determined by 38 the person with whom the advance is deposited based on regulations 39 adopted by the Secretary of State defining the term “costs.” 40 4. A recount of the vote for a ballot question must be 41 conducted if, after the canvass of the vote and the certification by 42 the county clerk or city clerk of the abstract of votes, the difference 43 between the results of the ballot question being approved or 44 – 4 – - *AB287_R1* disapproved is 0.25 percent or less. No voter is required to pay the 1 costs of a recount that is required pursuant to this subsection. 2 [4.] 5. As used in this section, “canvass” means: 3 (a) In any primary election, the canvass by the board of county 4 commissioners of the returns for a candidate or ballot question voted 5 for in one county or the canvass by the board of county 6 commissioners last completing its canvass of the returns for a 7 candidate or ballot question voted for in more than one county. 8 (b) In any primary city election, the canvass by the city council 9 of the returns for a candidate or ballot question voted for in the city. 10 (c) In any general election: 11 (1) The canvass by the Supreme Court of the returns for a 12 candidate for a statewide office or a statewide ballot question; or 13 (2) The canvass of the board of county commissioners of the 14 returns for any other candidate or ballot question, as provided in 15 paragraph (a). 16 (d) In any general city election, the canvass by the city council 17 of the returns for a candidate or ballot question voted for in the city. 18 Sec. 2. NRS 293.404 is hereby amended to read as follows: 19 293.404 1. Where a recount is demanded or required 20 pursuant to the provisions of NRS 293.403 or demanded pursuant 21 to 293.424, the: 22 (a) County clerk of each county affected by the recount shall 23 employ a recount board to conduct the recount in the county, and 24 shall act as chair of the recount board unless the recount is for the 25 office of county clerk, in which case the registrar of voters of the 26 county, if a registrar of voters has been appointed for the county, 27 shall act as chair of the recount board. If a registrar of voters has not 28 been appointed for the county, the chair of the board of county 29 commissioners, if the chair is not a candidate on the ballot, shall act 30 as chair of the recount board. If the recount is for the office of 31 county clerk, a registrar of voters has not been appointed for the 32 county and the chair of the board of county commissioners is a 33 candidate on the ballot, the chair of the board of county 34 commissioners shall appoint another member of the board of county 35 commissioners who is not a candidate on the ballot to act as chair of 36 the recount board. A member of the board of county commissioners 37 who is a candidate on the ballot may not serve as a member of the 38 recount board. 39 (b) City clerk shall employ a recount board to conduct the 40 recount in the city, and shall act as chair of the recount board unless 41 the recount is for the office of city clerk, in which case the mayor of 42 the city, if the mayor is not a candidate on the ballot, shall act as 43 chair of the recount board. If the recount is for the office of city 44 clerk and the mayor of the city is a candidate on the ballot, the 45 – 5 – - *AB287_R1* mayor of the city shall appoint another member of the city council 1 who is not a candidate on the ballot to act as chair of the recount 2 board. A member of the city council who is a candidate on the ballot 3 may not serve as a member of the recount board. 4 2. Each candidate for the office affected by the recount and the 5 voter who demanded the recount, if any, may be present in person or 6 by an authorized representative, but may not be a member of the 7 recount board. 8 3. The recount must include a count and inspection of all 9 ballots, including rejected ballots, and must determine whether all 10 ballots are marked as required by law. All ballots must be recounted 11 in the same manner in which the ballots were originally tabulated. 12 4. The county or city clerk shall unseal and give to the recount 13 board all ballots to be counted. 14 5. The Secretary of State may adopt regulations to carry out the 15 provisions of this section. 16 Sec. 3. NRS 293.405 is hereby amended to read as follows: 17 293.405 1. If the person who demanded [the] a recount 18 pursuant to subsection 1 or 3 of NRS 293.403 or subsection 1 of 19 NRS 293.424 does not prevail, and it is found that the sum 20 deposited was less than the cost of the recount, the person shall, 21 upon demand, pay the deficiency to the county clerk, city clerk or 22 Secretary of State, as the case may be. If the sum deposited is in 23 excess of the cost, the excess must be refunded to the person. 24 2. If the person who demanded the recount prevails, the sum 25 deposited with the Secretary of State, county clerk or city clerk must 26 be refunded to the person and the cost of the recount must be paid as 27 follows: 28 (a) If the recount concerns an office or ballot question for which 29 voting is not statewide, the cost must be borne by the county or city 30 which conducted the recount. 31 (b) If the recount concerns an office or ballot question for which 32 voting is statewide, the clerk of each county shall submit a statement 33 of its costs in the recount to the Secretary of State for review and 34 approval. The Secretary of State shall submit the statements to the 35 State Board of Examiners, which shall repay the allowable costs 36 from the Reserve for Statutory Contingency Account to the 37 respective counties. 38 3. If a recount of the vote for an office or ballot question for 39 which voting is statewide is required pursuant to subsection 2 or 40 subsection 4 of NRS 293.403, the clerk of each county shall 41 submit a statement of its costs in the recount to the Secretary of 42 State for review and approval. The Secretary of State shall submit 43 [Text truncated for display. Full text available on LegiScan.]