SB122 - Revises provisions relating to elections. (BDR 24-606)

S.B. 122 - *SB122* SENATE BILL NO. 122–SENATOR ELLISON PREFILED JANUARY 28, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections. (BDR 24-606) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to elections; prohibiting a person from returning a mail ballot on behalf of a voter unless the person is a resident of this State; requiring that the person returning a ballot on behalf of a voter submit with the mail ballot an affirmation, signed under penalty of perjury, attesting that the person is a resident of this State; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, a voter may, in certain circumstances, authorize a person to 1 return the voter’s mail ballot by mail or personal delivery to the county or city 2 clerk, or at any ballot drop box established in the county or city. (NRS 293.269923, 3 293C.26323) 4 Sections 1 and 2 of this bill: (1) prohibit a person from returning a mail ballot 5 on behalf of a voter unless the person is a resident of this State; and (2) requires that 6 any person who returns a mail ballot on behalf of a voter submit with the mail 7 ballot an affirmation, signed under penalty of perjury, that attests that the person 8 returning the mail ballot is a resident of this State. 9 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 293.269923 is hereby amended to read as 1 follows: 2 293.269923 1. Except as otherwise provided in [subsection 3 2,] this section, at the request of a voter whose mail ballot has been 4 prepared by or on behalf of the voter, a person authorized by the 5 voter may return the mail ballot on behalf of the voter by mail or 6 – 2 – - *SB122* personal delivery to the county clerk, or any ballot drop box 1 established in the county, pursuant to NRS 293.269921. A person 2 shall not return a mail ballot on behalf of the voter unless the 3 person is a resident of this State. Any person who returns a mail 4 ballot on behalf of a voter must submit with the mail ballot an 5 affirmation, in the form prescribed by the Secretary of State, that: 6 (a) Attests that the person returning the mail ballot is a 7 resident of this State; and 8 (b) Is signed by the person under penalty of perjury. 9 2. Except for an election board officer in the course of the 10 election board officer’s official duties, a person shall not willfully: 11 (a) Impede, obstruct, prevent or interfere with the return of a 12 voter’s mail ballot; 13 (b) Deny a voter the right to return the voter’s mail ballot; or 14 (c) If the person receives the voter’s mail ballot and 15 authorization to return the mail ballot on behalf of the voter by mail 16 or personal delivery, fail to return the mail ballot, unless otherwise 17 authorized by the voter, by mail or personal delivery: 18 (1) Before the end of the third day after the day of receipt, if 19 the person receives the mail ballot from the voter four or more days 20 before the day of the election; or 21 (2) Before the deadline established by the United States 22 Postal Service for the mail ballot to be postmarked on the day of the 23 election or before the polls close on the day of the election, as 24 applicable to the type of delivery, if the person receives the mail 25 ballot from the voter three or fewer days before the day of the 26 election. 27 3. A person who violates any provision of subsection 2 is 28 guilty of a category E felony and shall be punished as provided in 29 NRS 193.130. 30 Sec. 2. NRS 293C.26323 is hereby amended to read as 31 follows: 32 293C.26323 1. Except as otherwise provided in [subsection 33 2,] this section, at the request of a voter whose mail ballot has been 34 prepared by or on behalf of the voter, a person authorized by the 35 voter may return the mail ballot on behalf of the voter by mail or 36 personal delivery to the city clerk, or any ballot drop box established 37 in the city, pursuant to NRS 293C.26321. A person shall not return 38 a mail ballot on behalf of the voter unless the person is a resident 39 of this State. Any person who returns a mail ballot on behalf of a 40 voter must submit with the mail ballot an affirmation, in the form 41 prescribed by the Secretary of State, that: 42 (a) Attests that the person returning the mail ballot is a 43 resident of this State; and 44 (b) Is signed by the person under penalty of perjury. 45 – 3 – - *SB122* 2. Except for an election board officer in the course of the 1 election board officer’s official duties, a person shall not willfully: 2 (a) Impede, obstruct, prevent or interfere with the return of a 3 voter’s mail ballot; 4 (b) Deny a voter the right to return the voter’s mail ballot; or 5 (c) If the person receives the voter’s mail ballot and 6 authorization to return the mail ballot on behalf of the voter by mail 7 or personal delivery, fail to return the mail ballot, unless otherwise 8 authorized by the voter, by mail or personal delivery: 9 (1) Before the end of the third day after the day of receipt, if 10 the person receives the mail ballot from the voter four or more days 11 before the day of the election; or 12 (2) Before the deadline established by the United States 13 Postal Service for the mail ballot to be postmarked on the day of the 14 election or before the polls close on the day of the election, as 15 applicable to the type of delivery, if the person receives the mail 16 ballot from the voter three or fewer days before the day of the 17 election. 18 3. A person who violates any provision of subsection 2 is 19 guilty of a category E felony and shall be punished as provided in 20 NRS 193.130. 21 Sec. 3. This act becomes effective on July 1, 2025. 22 H