SB74 - Revises provisions relating to elections. (BDR 24-482)

EXEMPT (Reprinted with amendments adopted on May 31, 2025) THIRD REPRINT S.B. 74 - *SB74_R3* SENATE BILL NO. 74–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS (ON BEHALF OF THE SECRETARY OF STATE) PREFILED NOVEMBER 20, 2024 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections. (BDR 24-482) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 1.6, 6, 26, 28.3) (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; defining the term “current and valid” for purposes of certain documentation relating to elections; authorizing an active registered voter to request a mail ballot under certain emergency circumstances; revising eligibility to be a candidate of a major political party; setting forth the form of a declaration of candidacy for certain candidates; revising the methods for paying candidate filing fees; revising the information required to be contained in election notices; revising provisions relating to election boards; revising provisions relating to the provision or reimbursement of certain expenses related to training on elections procedures; revising provisions relating to when certain candidates may be declared elected at a primary election; revising provisions relating to ballots and standards for counting votes; revising provisions relating to an application to preregister or register to vote; revising provisions relating to the designation of persons who are not affiliated with a political party; revising provisions relating to updating voter registration information; revising provisions relating to certain crimes relating to elections; requiring the – 2 – - *SB74_R3* Secretary of State to adopt a cyber-incident response plan; authorizing certain elderly persons to request that certain personal information be kept confidential; revising provisions relating to the testing of certain equipment; revising the deadline by which a withdrawal of candidacy must be presented by certain candidates; revising provisions relating campaign contributions for certain special elections; making various other changes relating to elections; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a person to provide certain documentation which is 1 current and valid for purposes of certain provisions relating to elections. (See e.g., 2 NRS 293.269915, 293.2725, 293.507, 293.5742, 293.57688, 293.5837, 293.5842, 3 293.5847, 293C.26314) Section 1.4 of this bill defines the term “current and valid” 4 for such purposes and section 1.7 of this bill makes that definition applicable to 5 certain provisions relating to elections. 6 Existing law sets forth provisions governing the preparation, distribution and 7 casting of mail ballots and requires a county or city clerk, as applicable, to prepare 8 and distribute to each active registered voter in the county or city and certain other 9 persons who register to vote a mail ballot for every election. (NRS 293.269911- 10 293.269937, 293C.263-293C.26337) Sections 1.6, 11.3, 28.3 and 32.3 of this bill 11 authorize an active registered voter who is eligible to receive a mail ballot to submit 12 a request to the county or city clerk, as applicable, to receive a mail ballot if he or 13 she is unable to access his or her mail ballot or appear in person at the polls due to 14 an emergency. Sections 1.6 and 28.3 further require a county or city clerk to 15 distribute a mail ballot to such a voter after verifying the voter’s eligibility and that 16 he or she has not already voted. Sections 1.9, 11.5, 28.7 and 32.7 of this bill make 17 certain provisions relating to mail ballots, including the definition of “mail ballot” 18 and provisions concerning the marking and signing the mail ballot of another voter, 19 applicable to ballots requested pursuant to sections 1.6 and 28.3. 20 Section 2 of this bill removes the prohibition for a person to be a candidate of a 21 major political party for partisan office if the person has changed certain 22 information on an application to register to vote in a state other than this State 23 during the time beginning on December 31 preceding the closing filing date for an 24 election and ending on the date of the election. (NRS 293.176) 25 Existing law requires an independent candidate for partisan office to file a 26 declaration of candidacy. (NRS 293.200) Existing law further sets forth the form 27 for a declaration of candidacy for all candidates for partisan office. (NRS 293.177) 28 Section 3 of this bill sets forth the form for the declaration of candidacy for an 29 independent candidate for partisan office. Section 5 of this bill makes conforming 30 changes to clarify that the declaration of candidacy for an independent candidate 31 must be in the form set forth in section 3. 32 Existing law sets forth certain fees for filing a declaration of candidacy and 33 provides that the fee for filing a declaration of candidacy may be paid by cash, 34 cashier’s check or certified check. (NRS 293.193) Section 4 of this bill: (1) 35 provides that such a fee may also be paid by credit card if the filing officer accepts 36 such a method of payment; (2) revises the description of certain offices; and (3) 37 reorganizes existing fees set forth in other provisions of existing law in to this 38 schedule of fees. 39 Existing law requires a county clerk, immediately upon receipt of the certified 40 list of candidates for judicial and nonjudicial office, to publish a notice of primary 41 – 3 – - *SB74_R3* election or general election in a newspaper of general circulation in the county once 42 a week for 2 successive weeks and requires such notice to contain: (1) the date of 43 the election; (2) the location of the polling places; and (3) the hours during which 44 the polling places will be open for voting. (NRS 293.203) Section 6 of this bill 45 requires such notice to additionally contain: (1) the names of the candidates; and (2) 46 the office for which each candidate is running and, if the office is partisan, the party 47 under which the candidate is running. Section 39 of this bill similarly requires the 48 names of the qualified candidates who will be on the ballot at the presidential 49 preference primary election and the major political party with which each candidate 50 is affiliated to be included on such notice for a presidential preference primary 51 election. (NRS 298.670) 52 Existing law authorizes a county clerk to appoint a pupil as a trainee for the 53 position of election board officer and sets forth the qualifications for such an 54 appointment, including a requirement that the pupil is appointed without party 55 affiliation. (NRS 293.2175, 293C.222) Sections 7 and 31 of this bill clarify that a 56 pupil may be appointed as a trainee regardless of his or her affiliation with a 57 political party, including any designation of party affiliation on the pupil’s 58 application to preregister or register to vote. 59 Existing law requires the Secretary of State to develop and provide a training 60 course to each county clerk and city clerk related to elections procedures and 61 requires the Secretary of State to provide to or reimburse the county or city, as 62 applicable, for the cost of the per diem allowance and travel expenses of the county 63 clerk or city clerk for attending such a course. Existing law further authorizes the 64 Secretary of State to provide to or reimburse the county or city, as applicable, such 65 costs for any deputy or employee of the office of the county or city clerk who 66 attends the course. Existing law requires that any such costs be paid from the 67 Reserve for Statutory Contingency Account upon recommendation by the Secretary 68 of State and approval by the State Board of Examiners. (NRS 293.2504) Section 69 8.5 of this bill instead requires the Secretary of State to provide or reimburse certain 70 other costs for a county or city clerk relating to the training course. 71 Existing law provides that members of election boards continue to serve as 72 such from the day before the day of the election until the time for filing contests of 73 the election has expired. (NRS 293.225) Section 8 of this bill provides instead that 74 members continue to serve as such from the day of appointment. 75 Existing law provides that, in certain circumstances, if one candidate receives a 76 majority of the votes cast in a primary election for certain nonpartisan offices, the 77 candidate must be declared elected and the candidate’s name must not be placed on 78 the ballot. (NRS 293.260, 293C.175; Carson City Charter § 5.010; Henderson City 79 Charter § 5.010; Las Vegas City Charter § 5.010; North Las Vegas City Charter § 80 5.020; Sparks City Charter § 5.020) Sections 9, 29 and 42-46 of this bill provide 81 that for the purposes of determining the majority of the votes cast in the primary 82 election for an office for which voters may select more than one candidate, each 83 ballot upon which a voter marked a valid choice for one or more candidates for that 84 office shall be deemed to be one vote cast in the primary election for that office. 85 Existing law provides that every ballot upon which appears the names of 86 candidates for any statewide office or for President or Vice President of the United 87 States must contain an additional line with a square in which the voter may select 88 “None of these candidates.” (NRS 293.269) Section 10 of this bill provides instead 89 that the additional line on such a ballot must contain a space in which the voter may 90 select “None of these candidates.” 91 Existing law: (1) authorizes the mail ballot central counting board to begin 92 counting mail ballots 15 days before the day of the election; (2) requires the 93 counting board to prepare to count the ballots when the polls are closed; and (3) 94 establishes certain requirements for counting paper ballots. (NRS 293.269931, 95 293.363, 293C.26331, 293C.362) Sections 12 and 33 of this bill: (1) clarify that 96 – 4 – - *SB74_R3* the mail ballot central counting board may begin counting mail ballots before the 97 polls are closed; (2) prohibit certain ballots from being counted before 7 a.m. on the 98 day of the election; (3) prohibit the results or a copy of the results from being 99 posted until the polls are closed; and (4) remove requirements for counting paper 100 ballots. 101 Existing law: (1) sets forth certain standards for counting votes; (2) requires the 102 Secretary of State to adopt regulations establishing uniform, statewide standards for 103 counting a vote; and (3) authorizes the Secretary of State to adopt regulations 104 establishing additional uniform statewide standards. (NRS 293.3677, 293C.369) 105 Sections 13 and 34 of this bill provide that a vote must be counted if: (1) a portion 106 of the designated space on a ballot is darkened by the voter; (2) such a marking 107 cannot be conclusively determined to be made in error; and (3) there is some 108 indication of the intent of the voter on the face of the ballot. 109 Existing law requires each county clerk to conduct a risk-limiting audit of the 110 results of an election. (NRS 293.394) Section 15 of this bill renames such audits to 111 “election accuracy audits.” Existing law provides that certain election materials, 112 including the voted, rejected and spoiled ballots, must be sealed and deposited in 113 the vaults of the county clerk. (NRS 293.391) Section 14 of this bill provides that 114 such election materials are subject to inspection for the purposes of an election 115 accuracy audit. 116 Existing law provides that the deadline to register to vote at a voter registration 117 agency, the Department of Motor Vehicles or an automatic voter registration 118 agency is the last day to register to vote by mail. Existing law requires a county 119 clerk to accept any application which is completed by the last day to register to vote 120 by mail if the county clerk receives the application not later than 5 days after that 121 date. (NRS 293.504, 293.5727, 293.57688) Sections 17, 22 and 23 of this bill 122 require a voter registration agency, the Department of Motor Vehicles and an 123 automatic voter registration agency to notify a person who registers to vote after 124 this deadline that in order to vote in the upcoming election, the person must register 125 to vote by computer or at a polling place or polling place for early voting. 126 Existing law requires if a person or elector indicates that he or she is not 127 affiliated with a political party or fails to indicate as such, the county clerk or field 128 registrar to list the person’s or elector’s political party as nonpartisan. (NRS 129 293.518) Section 18 of this bill instead requires the county clerk or field registrar to 130 list the political party of a person or elector who fails to indicate whether he or she 131 is affiliated with a political party or not affiliated as “no political party.” 132 Section 9.5 of this bill revises the manner in which certain candidates that 133 appear under existing law on a ballot as “no political party” or “NPP” to instead be 134 shown on such a ballot: (1) for a candidate for partisan office, as “Independent 135 Candidate” or “INC”; and (2) for a candidate for a nonpartisan office, as 136 “nonpartisan” or “NPR.” (NRS 293.267) 137 Existing federal law sets forth certain requirements for the removal of a voter 138 from the official list of eligible voters which prohibit a state from removing the 139 name of a registered voter unless the voter: (1) confirms a change of residence 140 outside of the registrar’s jurisdiction in writing; or (2) fails to respond to a notice 141 sent to his or her residence and has not voted or appeared to vote for a period of 142 time after a notice has been mailed to his or her residence. (52 U.S.C. § 20507) 143 Sections 20 and 21 of this bill require a county clerk to mail a notice and conduct 144 any correction or removal of a registered voter in accordance with existing federal 145 law. 146 Sections 20 and 23.5 of this bill provide that certain notifications that a county 147 clerk is required to mail to the current residence of a person are required instead to 148 be m [Text truncated for display. Full text available on LegiScan.]