SB103 - Revises provisions relating to mail ballots. (BDR 24-56)

S.B. 103 - *SB103* SENATE BILL NO. 103–SENATOR KRASNER PREFILED JANUARY 17, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to mail ballots. (BDR 24-56) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 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; revising various requirements relating to mail ballots; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth certain requirements and deadlines for a mail ballot to be 1 returned to be counted for any county or city election. (NRS 293.269921, 2 293C.26321) Sections 1 and 4 of this bill require that a mail ballot must contain 3 either a date mark by the county or city clerk or a postmark by the United States 4 Postal Service to be counted. 5 Existing law requires the county or city clerk to establish procedures for the 6 processing and counting of mail ballots. (NRS 293.269925, 293C.26325) Sections 7 3 and 6 of this bill require the county or city clerk to establish procedures to date 8 mark each mail ballot, other than a mail ballot which contains a postmark by the 9 United States Postal Service, with the date the mail ballot was returned by or 10 otherwise caused to be returned by a voter. 11 Existing law requires that a mail ballot that is mailed to the county or city clerk 12 be postmarked on or before the day of the election and received by 5 p.m. on the 13 fourth day following an election. (NRS 293.269921, 293.269923, 293C.26321, 14 293C.26323) Sections 1, 2, 4 and 5 of this bill revise this deadline to instead 15 require that a mail ballot that is mailed to a county or city clerk be postmarked on 16 or before the last day of the period for early voting and received before the time set 17 for closing of the polls on the day of the election. 18 Existing law provides that a mail ballot received by mail not later than 5 p.m. 19 on the third day following the election and on which the postmark cannot be 20 determined is deemed to have been postmarked on or before the day of the election. 21 (NRS 293.269921, 293C.26321) Sections 1 and 4 eliminate these provisions and 22 instead establish that a mail ballot received later than the day of the election must 23 not be counted. 24 – 2 – - *SB103* 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) Received by the clerk [not later than 5 p.m.] before the 12 time set for closing of the polls on the [fourth] day [following] of 13 the election. 14 2. [If a] A mail ballot must not be counted for any election if: 15 (a) A mail ballot is received [by mail not] later than [5 p.m. on] 16 the [third] day [following] of the election [and the date of the 17 postmark cannot be determined, the mail ballot shall be deemed to 18 have been postmarked on or before the day of the election.] ; or 19 (b) A mail ballot does not contain either a date mark by the 20 county clerk or postmark by the United States Postal Service. 21 3. Each county clerk must establish a ballot drop box at every 22 polling place in the county, including, without limitation, a polling 23 place for early voting. A county clerk may establish a ballot drop 24 box at any other location in the county where mail ballots can be 25 delivered by hand and collected during the period for early voting 26 and on election day. No person other than a clerk may establish a 27 drop box for mail ballots. 28 4. A ballot drop box must be: 29 (a) Constructed of metal or any other rigid material of sufficient 30 strength and resistance to protect the security of the mail ballots; and 31 (b) Capable of securely receiving and holding the mail ballots 32 and being locked. 33 5. A ballot drop box must be: 34 (a) Placed in an accessible and convenient location at the office 35 of the county clerk or a polling place in the county; and 36 (b) Made available for use during the hours when the office of 37 the county clerk, or the polling place, is open for business or voting, 38 as applicable. 39 – 3 – - *SB103* Sec. 2. NRS 293.269923 is hereby amended to read as 1 follows: 2 293.269923 1. Except as otherwise provided in subsection 2, 3 at the request of a voter whose mail ballot has been prepared by or 4 on behalf of the voter, a person authorized by the voter may return 5 the mail ballot on behalf of the voter by mail or personal delivery to 6 the county clerk, or any ballot drop box established in the county, 7 pursuant to NRS 293.269921. 8 2. Except for an election board officer in the course of the 9 election board officer’s official duties, a person shall not willfully: 10 (a) Impede, obstruct, prevent or interfere with the return of a 11 voter’s mail ballot; 12 (b) Deny a voter the right to return the voter’s mail ballot; or 13 (c) If the person receives the voter’s mail ballot and 14 authorization to return the mail ballot on behalf of the voter by mail 15 or personal delivery, fail to return the mail ballot, unless otherwise 16 authorized by the voter [, by] : 17 (1) By mail [or personal delivery: 18 (1)] : 19 (I) Before the end of the third day after the day of receipt, 20 if the person receives the mail ballot from the voter four or more 21 days before the last day of the [election;] period for early voting; or 22 [(2)] (II) Before the deadline established by the United 23 States Postal Service for the mail ballot to be postmarked on the last 24 day of the [election or before the polls close on the day of the 25 election, as applicable to the type of delivery,] period for early 26 voting, if the person receives the mail ballot from the voter three or 27 fewer days before the last day of the period for early voting; or 28 (2) By personal delivery: 29 (I) Before the end of the third day after the day of 30 receipt, if the person receives the mail ballot from the voter four or 31 more days before the day of the election; or 32 (II) Before the time set for closing of the polls on the 33 day of the election, if the person receives the mail ballot from the 34 voter three or fewer days before the day of the election. 35 3. A person who violates any provision of subsection 2 is 36 guilty of a category E felony and shall be punished as provided in 37 NRS 193.130. 38 Sec. 3. NRS 293.269925 is hereby amended to read as 39 follows: 40 293.269925 1. The county clerk shall establish procedures 41 for the processing and counting of mail ballots. 42 2. The procedures established pursuant to subsection 1: 43 (a) Must include a requirement that the county clerk date mark 44 each mail ballot, other than a ballot which contains a postmark by 45 – 4 – - *SB103* the United States Postal Service, with the date the mail ballot was 1 returned by or otherwise caused to be returned by a voter. 2 (b) May authorize mail ballots to be processed, verified and 3 counted by computer or other electronic means; and 4 [(b)] (c) Must not conflict with the provisions of NRS 5 293.269911 to 293.269937, inclusive. 6 Sec. 4. NRS 293C.26321 is hereby amended to read as 7 follows: 8 293C.26321 1. Except as otherwise provided in [subsection 2 9 and] chapter 293D of NRS, in order for a mail ballot to be counted 10 for any election, the mail ballot must be: 11 (a) Before the time set for closing of the polls, delivered by hand 12 to the city clerk, or any ballot drop box established in the city, 13 pursuant to this section; or 14 (b) Mailed to the city clerk, and: 15 (1) Postmarked on or before the last day of the [election;] 16 period for early voting; and 17 (2) Received by the clerk [not later than 5 p.m.] before the 18 time set for closing of the polls on the [fourth] day [following] of 19 the election. 20 2. [If a] A mail ballot must not be counted for any election if: 21 (a) A mail ballot is received [by mail not] later than [5 p.m. on] 22 the [third] day [following] of the election [and the date of the 23 postmark cannot be determined, the mail ballot shall be deemed to 24 have been postmarked on or before the day of the election.] ; or 25 (b) A mail ballot does not contain either a date mark by the 26 city clerk or postmark by the United States Postal Service. 27 3. Each city clerk must establish a ballot drop box at every 28 polling place in the city, including, without limitation, a polling 29 place for early voting. A city clerk may establish a drop box at any 30 other location in the city where mail ballots can be delivered by 31 hand and collected during the period for early voting and on election 32 day. No person other than a clerk may establish a drop box for mail 33 ballots. 34 4. A ballot drop box must be: 35 (a) Constructed of metal or any other rigid material of sufficient 36 strength and resistance to protect the security of the mail ballots; and 37 (b) Capable of securely receiving and holding the mail ballots 38 and being locked. 39 5. A ballot drop box must be: 40 (a) Placed in an accessible and convenient location at the office 41 of the city clerk, or a polling place in the city; and 42 (b) Made available for use during the hours when the office of 43 the city clerk, or the polling place, is open for business or voting, as 44 applicable. 45 – 5 – - *SB103* Sec. 5. NRS 293C.26323 is hereby amended to read as 1 follows: 2 293C.26323 1. Except as otherwise provided in subsection 2, 3 at the request of a voter whose mail ballot has been prepared by or 4 on behalf of the voter, a person authorized by the voter may return 5 the mail ballot on behalf of the voter by mail or personal delivery to 6 the city clerk, or any ballot drop box established in the city, pursuant 7 to NRS 293C.26321. 8 2. Except for an election board officer in the course of the 9 election board officer’s official duties, a person shall not willfully: 10 (a) Impede, obstruct, prevent or interfere with the return of a 11 voter’s mail ballot; 12 (b) Deny a voter the right to return the voter’s mail ballot; or 13 (c) If the person receives the voter’s mail ballot and 14 authorization to return the mail ballot on behalf of the voter by mail 15 or personal delivery, fail to return the mail ballot, unless otherwise 16 authorized by the voter [, by] : 17 (1) By mail [or personal delivery: 18 (1)] : 19 (I) Before the end of the third day after the day of receipt, 20 if the person receives the mail ballot from the voter four or more 21 days before the last day of the [election;] period for early voting; or 22 [(2)] (II) Before the deadline established by the United 23 States Postal Service for the mail ballot to be postmarked on the last 24 day of the [election or before the polls close on the day of the 25 election, as applicable to the type of delivery,] period for early 26 voting, if the person receives the mail ballot from the voter three or 27 fewer days before the last day of the period for early voting; or 28 (2) By personal delivery: 29 (I) Before the end of the third day after the day of 30 receipt, if the person receives the mail ballot from the voter four or 31 more days before the day of the election; or 32 (II) Before the time set for closing of the polls on the 33 day of the election, if the person receives the mail ballot from the 34 voter three or fewer days before the day of the election. 35 3. A person who violates any provision of subsection 2 is 36 guilty of a category E felony and shall be punished as provided in 37 NRS 193.130. 38 Sec. 6. NRS 293C.26325 is hereby amended to read as 39 follows: 40 293C.26325 1. The city clerk shall establish procedures for 41 the processing and counting of mail ballots. 42 2. The procedures established pursuant to subsection 1: 43 (a) Must include a requirement that the city clerk date mark 44 each mail ballot, other than a mail ballot which contains a 45 – 6 – - *SB103* postmark by the United States Postal Service, with the date the 1 mail ballot was returned by or otherwise caused to be returned by 2 a voter. 3 (b) May authorize mail ballots to be processed, verified and 4 counted by computer or other electronic means; and 5 [(b)] (c) Must not conflict with the provisions of NRS 293C.263 6 to 293C.26337, inclusive. 7 H