SB195 - Revises provisions relating to elections. (BDR 24-907)

S.B. 195 - *SB195* SENATE BILL NO. 195–SENATORS STEINBECK, HANSEN, TITUS, STONE, ROGICH; AND ELLISON FEBRUARY 10, 2025 ____________ JOINT SPONSOR: ASSEMBLYMEMBER COLE ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections. (BDR 24-907) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 2, 3, 10, 11) (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 the Secretary of State and each county or city clerk to establish procedures to inform registered voters of the requirements for voting by mail ballot; requiring each county or city clerk to provide training to election board officers and certain employees relating to processing and counting mail ballots; requiring the county or city clerk to submit a report to the Secretary of State relating to mail ballots after each election; revising the deadline for returning mail ballots and curing certain defects in mail ballots; revising the requirements for establishing procedures for the processing and counting of mail ballots; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the county or city clerk to establish procedures for the 1 processing and counting of mail ballots. (NRS 293.269925, 293C.26325) Sections 2 7 and 15 of this bill require that such procedures be fair and efficient. 3 Sections 2 and 10 of this bill require the Secretary of State and each county or 4 city clerk to establish procedures to inform registered voters of the requirements for 5 voting by mail ballot. Sections 2 and 10 further require each county or city clerk to 6 – 2 – - *SB195* provide training to election board officers and employees of the elections division 7 of the county or city on the requirements for processing and counting mail ballots. 8 Sections 3 and 11 of this bill require, after each election, the county or city 9 clerk to submit a report to the Secretary of State regarding mail ballots. Sections 3 10 and 11 also require the Secretary of State to compile the information received from 11 the county and city clerks and submit a summary to the Director of the Legislative 12 Counsel Bureau for transmittal to the Legislature or Legislative Commission, as 13 applicable. 14 Existing law requires that a mail ballot that is: (1) mailed to a county or city 15 clerk be postmarked on or before the day of the election and received by 5 p.m. on 16 the fourth day following the election; or (2) delivered by hand to the county or city 17 clerk or any drop box before the time set for closing of the polls on election day. 18 (NRS 293.269921, 293.269923, 293C.26321, 293C.26323) Sections 5, 6, 13 and 19 14 of this bill require instead that a mail ballot be delivered to the county or city 20 clerk before the close of business of the office of the county or city clerk, as 21 applicable, regardless of whether the mail ballot is returned by mail or delivered by 22 hand to the county or city clerk or any drop box. 23 Existing law requires certain persons who have not previously voted in any 24 election for federal office in this State to include a copy of certain information in 25 the return envelope with a mail ballot. If such a person fails to provide the 26 information in the return envelope, the county or city clerk must allow the person to 27 provide the required information before 5 p.m. on the sixth day following the 28 election in order for the person’s mail ballot to be counted. (NRS 293.269915, 29 293C.26314) Sections 4 and 12 of this bill provide instead that the county or city 30 clerk must allow the person to provide the required information before 5 p.m. on 31 the third day following the election in order for the person’s mail ballot to be 32 counted. 33 Existing law provides that if the county or city clerk determines when checking 34 the signature used for the mail ballot that the voter failed to affix his or her 35 signature or failed to affix it in the manner required by law for the mail ballot or 36 that there is a reasonable question of fact as to whether the signature used for the 37 mail ballot matches the signature of the voter, but the voter is otherwise entitled to 38 cast the mail ballot, the clerk shall contact the voter and advise the voter of the 39 procedures to provide a signature or a confirmation that the signature used for 40 the mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, 41 the voter must provide a signature or a confirmation, as applicable, not later than 5 42 p.m. on the sixth day following the election. (NRS 293.269927, 293C.26327) 43 Sections 8 and 16 of this bill provide instead that for the mail ballot to be counted, 44 the voter must provide a signature or a confirmation, as applicable, not later than 5 45 p.m. on the third day following the election. 46 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 293 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 and 3 of this act. 2 Sec. 2. 1. The Secretary of State and each county clerk 3 shall establish procedures to inform registered voters of the 4 requirements for voting by mail ballot, including, without 5 limitation: 6 – 3 – - *SB195* (a) The deadline for returning a mail ballot by mail or 1 personal delivery; and 2 (b) The deadline and process for a registered voter to cure any 3 defect with the voter’s signature on the mail ballot pursuant to 4 NRS 293.269927. 5  The procedures established pursuant to this subsection must 6 not conflict with the provisions of this section and NRS 7 293.269911 to 293.269937, inclusive, and section 3 of this act. 8 2. Each county clerk shall provide training to election board 9 officers and employees of the elections division of the county on 10 the requirements for processing and counting mail ballots, 11 including, without limitation, the process for allowing a registered 12 voter to cure any defect with the registered voter’s signature on the 13 mail ballot. 14 Sec. 3. 1. After each election, the county clerk shall submit 15 a report to the Secretary of State regarding mail ballots that 16 includes, without limitation: 17 (a) The number of mail ballots that were sent to registered 18 voters; 19 (b) The number of mail ballots that were returned by 20 registered voters; 21 (c) The number of mail ballots that were returned to the 22 county clerk by mail or personal delivery; 23 (d) The number of mail ballots that were returned without the 24 signature of the registered voter or that contained a defect in the 25 signature; 26 (e) The number of registered voters who were contacted by the 27 county clerk to cure a missing or defective signature; and 28 (f) The total number of mail ballots that were counted in the 29 election. 30 2. The Secretary of State shall compile the information 31 received pursuant to subsection 1 from each county clerk and 32 submit a summary to the Director of the Legislative Counsel 33 Bureau for transmittal to the Legislature or, if the Legislature is 34 not in session, to the Legislative Commission. 35 Sec. 4. NRS 293.269915 is hereby amended to read as 36 follows: 37 293.269915 1. Except as otherwise provided in subsection 2, 38 if a person applied by mail or computer to register to vote, or 39 preregistered to vote by mail or computer and is subsequently 40 deemed to be registered to vote, and the person has not previously 41 voted in any election for federal office in this State, the county clerk 42 must inform the person that he or she must include a copy of the 43 information required in paragraph (b) of subsection 1 of NRS 44 293.2725 in the return envelope with the mail ballot. 45 – 4 – - *SB195* 2. The provisions of subsection 1 do not apply to a person who: 1 (a) Registers to vote by mail or computer, or preregisters to vote 2 by mail or computer and is subsequently deemed to be registered to 3 vote, and submits with his or her application to preregister or 4 register to vote: 5 (1) A copy of a current and valid photo identification; or 6 (2) A copy of a current utility bill, bank statement, paycheck 7 or document issued by a governmental entity, including a check 8 which indicates the name and address of the person, but not 9 including a voter registration card; 10 (b) Registers to vote by mail or computer and submits with his 11 or her application to register to vote a driver’s license number or at 12 least the last four digits of his or her social security number, if a 13 state or local election official has matched that information with an 14 existing identification record bearing the same number, name and 15 date of birth as provided by the person in the application; 16 (c) Registers to vote pursuant to NRS 293.5768 to 293.57699, 17 inclusive, and at that time presents to the automatic voter 18 registration agency: 19 (1) A copy of a current and valid photo identification; 20 (2) A copy of a current utility bill, bank statement, paycheck 21 or document issued by a governmental entity, including a check 22 which indicates the name and address of the person, but not 23 including a voter registration card; or 24 (3) A driver’s license number or at least the last four digits of 25 his or her social security number, if a state or local election official 26 has matched that information with an existing identification record 27 bearing the same number, name and date of birth as provided by the 28 person in the application; 29 (d) Is entitled to vote pursuant to the provisions of chapter 293D 30 of NRS or the Uniformed and Overseas Citizens Absentee Voting 31 Act, 52 U.S.C. §§ 20301 et seq.; 32 (e) Is provided the right to vote otherwise than in person 33 pursuant to the provisions of the Voting Accessibility for the Elderly 34 and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or 35 (f) Is entitled to vote otherwise than in person pursuant to the 36 provisions of any other federal law. 37 3. If a person fails to provide the identification required 38 pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his 39 or her mail ballot: 40 (a) The mail ballot must be treated as a provisional ballot; and 41 (b) The county clerk must: 42 (1) Contact the person; 43 (2) Allow the person to provide the identification required 44 before 5 p.m. on the [sixth] third day following the election; and 45 – 5 – - *SB195* (3) If the identification required pursuant to paragraph (b) of 1 subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is 2 delivered to the appropriate mail ballot central counting board. 3 Sec. 5. NRS 293.269921 is hereby amended to read as 4 follows: 5 293.269921 1. Except as otherwise provided in [subsection 2 6 and] chapter 293D of NRS, in order for a mail ballot to be counted 7 for any election, before the close of business of the office of the 8 county clerk on the day of the election, the mail ballot must be: 9 (a) [Before the time set for closing of the polls, delivered] 10 Delivered by hand to the county clerk [,] or any ballot drop box 11 established in the county pursuant to this section; or 12 (b) [Mailed to] Received by mail by the county clerk . [, and: 13 (1) Postmarked on or before the day of the election; and 14 (2) Received by the clerk not later than 5 p.m. on the fourth 15 day following the election.] 16 2. [If a mail ballot is received by mail not later than 5 p.m. on 17 the third day following the election and the date of the postmark 18 cannot be determined, the mail ballot shall be deemed to have been 19 postmarked on or before the day of the election. 20 3.] Each county clerk must establish a ballot drop box at every 21 polling place in the county, including, without limitation, a polling 22 place for early voting. A county clerk may establish a ballot drop 23 box at any other location in the county where mail ballots can be 24 delivered by hand and collected during the period for early voting 25 and on election day. No person other than a clerk may establish a 26 drop box for mail ballots. 27 [4.] 3. A ballot drop box must be: 28 (a) Constructed of metal or any other rigid material of sufficient 29 strength and resistance to protect the security of the mail ballots; and 30 (b) Capable of securely receiving and holding the mail ballots 31 and being locked. 32 [5.] 4. A ballot drop box must be: 33 (a) Placed in an accessible and convenient location at the office 34 of the county clerk or a polling place in the county; and 35 (b) Made available for use during the hours when the office of 36 the county clerk, or the polling place, is open for business or voting, 37 as applicable [.] , except that on election day, the ballot drop box 38 must not be available after the close of business of the office of the 39 county clerk. 40 Sec. 6. NRS 293.269923 is hereby amended to read as 41 follows: 42 293.269923 1. Except as otherwise provided in subsection 2, 43 at the request of a voter whose mail ballot has been prepared by or 44 on behalf of the voter, a person authorized by the voter may return 45 – 6 – - *SB195* the mail ballot on behalf of the voter by mail or personal delivery to 1 the county clerk, or any ballot drop box established in the county, 2 pursuant to NRS 293.269921. 3 2. Except for an election board officer in the course of the 4 election board officer’s official duties, a person shall not willfully: 5 (a) Impede, obstruct, prevent or interfere with the return of a 6 voter’s mail ballot; 7 (b) Deny a voter the right to return the voter’s mail ballot; or 8 (c) If the person receives the voter’s mail ballot and 9 authorization to return the mail ballot on behalf of the voter by mail 10 or personal delivery, fail to return the mail ballot [, unless otherwise 11 authorized by the voter,] by mail or personal delivery [: 12 (1) Before the end of the third day after the day of receipt, if 13 the person receives the mail ballot from the voter four or more days 14 before the day of the election; or 15 (2) Before the deadline established by the U [Text truncated for display. Full text available on LegiScan.]