SB422 - Revises provisions relating to voting. (BDR 24-954)

- 83rd Session (2025) Senate Bill No. 422–Committee on Legislative Operations and Elections CHAPTER.......... AN ACT relating to elections; revising provisions relating to certain deadlines relating to automatic voter registration; revising provisions relating to voter registration during certain periods preceding an election; requiring the Department of Motor Vehicles to have extended hours of operation in certain counties during certain periods preceding the deadline to register to vote by mail for certain elections and following the day of certain elections; prohibiting, in certain counties, the Department from requiring an appointment to obtain a driver’s license or identification card during certain periods; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth deadlines for registering to vote for certain elections which depend on the method by which a person registers to vote. (NRS 293.560, 293C.527) Sections 1 and 2.5 of this bill provide that the deadline to register to vote for such elections by means of automatic voter registration is the eighteenth day preceding the election. Existing law requires: (1) certain agencies to provide automatic voter registration services; and (2) an automatic voter registration agency to transmit certain voter registration information to the top-down voter registration database created by the Secretary of State for the purpose of registering a person to vote or updating the voter registration information of a person. (NRS 293.5768, 293.57686) Existing law further requires an automatic voter registration agency to electronically transmit to the top-down voter registration database voter registration information not later than 1 working day after collecting the information during the 2 weeks immediately preceding the fifth Sunday preceding an election. (NRS 293.57688) Section 1.3 of this bill instead requires an automatic voter registration agency to electronically transmit to the database voter registration information not later than 1 working day after collecting the information if the information is collected during the period: (1) beginning 2 weeks immediately preceding the eighteenth day before an election; and (2) ending on the eighteenth day before an election. Existing law sets forth certain deadlines for registering to vote by mail, computer or appearing in person at the office of the county or city clerk. (NRS 293.560, 293C.527) Existing law also authorizes an elector to register to vote after such deadlines: (1) through the Thursday preceding the election, by computer using the online registration system provided on the Internet website of the Office of the Secretary of State; and (2) after such online registration, by appearing in person during the period for early voting or on election day. To register to vote during such periods, an elector must provide his or her driver’s license or identification card issued by the Department of Motor Vehicles and, if the license or identification card does not include his or her current residential address, certain documents establishing proof of residency. (NRS 293.5837-293.5847) Sections 1.7 and 2 of this bill instead provide that to register to vote in person during the period for early voting or on election day, an elector is required, with certain exceptions, to provide a current and valid driver’s license or identification – 2 – - 83rd Session (2025) card issued by this State, another state, the District of Columbia or a territory of the United States or provide a tribal identification card as proof of the elector’s identity. If the elector’s driver’s license or identification card was issued by the Department of Motor Vehicles and shows the elector’s current residential address, the driver’s license or identification card is also proof of the elector’s residency. If the elector’s tribal identification card shows the elector’s current residential address, the tribal identification card is also proof of the elector’s residency. Sections 1.7 and 2 provide that if the elector’s driver’s license or identification card was not issued by the Department of Motor Vehicles, the elector may cast a provisional ballot if he or she completes a written affirmation. Any such elector who casts a provisional ballot must provide a current or valid driver’s license or identification card issued by the Department, an interim document issued by the Department or a tribal identification card demonstrating proof of residency by 5 p.m. on the Friday immediately following election day. Sections 1.7 and 2 also provide that if an elector’s driver’s license or identification card issued by the Department of Motor Vehicles does not have the elector’s current residential address, the elector may present an original, electronic or certified copy of a document as proof of residency and that, for certain documents, such document must be dated not more than 60 days before the date the elector is registering to vote. Sections 1.7 and 2 further provide that if an elector does not have a driver’s license or identification card issued by this State, another state, the District of Columbia or any territory of the United States or a tribal identification card, the elector may cast a provisional ballot if he or she completes a written affirmation. Any such elector who casts a provisional ballot must provide a current and valid driver’s license, identification card or interim document issued by the Department of Motor Vehicles or a tribal identification card demonstrating proof of identity and residency in this State by 5 p.m. on the Friday immediately following election day. Existing law authorizes the Director of the Department of Motor Vehicles to arrange for extended hours of operation for offices of the Department in a county whose population is 100,000 or more (currently Clark and Washoe Counties). (NRS 481.057) Section 3 of this bill provides that, in a county whose population is 100,000 or more, the Director is required to arrange for the offices of the Department to remain open on Saturdays and Sundays and at hours other than 8 a.m. to 5 p.m. for a person to only apply for the issuance or renewal of any type of driver’s license or identification card issued by the Department: (1) during the 2 weeks immediately preceding the last day to register to vote by mail for a primary election, presidential preference primary election or general election; and (2) during the 6 calendar days immediately following the day of a primary election, presidential preference primary election or general election. Section 3 further prohibits the Department from requiring, in a county whose population is 100,000 or more, a person to have an appointment to apply for the issuance or renewal of any type of driver’s license or identification card issued by the Department: (1) during the 2 weeks immediately preceding the last day to register to vote by mail for a primary election, presidential preference primary election or general election; and (2) during the 6 calendar days immediately following the day of a primary election, presidential preference primary election or general election. – 3 – - 83rd Session (2025) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 293.560 is hereby amended to read as follows: 293.560 1. Except as otherwise provided in NRS 293.269951, 293.502, 293.5772 to 293.5887, inclusive, 293D.230 and 293D.300: (a) For a primary election, presidential preference primary election or general election, or a recall or special election that is held on the same day as a primary election, presidential preference primary election or general election, the last day to register to vote: (1) By mail is the fourth Tuesday preceding the primary election, presidential preference primary election or general election. (2) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035, is the fourth Tuesday preceding the primary election, presidential preference primary election or general election. (3) By computer using the system established by the Secretary of State pursuant to NRS 293.671, is the day of the primary election, presidential preference primary election or general election. (4) By means of automatic voter registration, is the eighteenth day immediately preceding the primary election, presidential preference primary election or general election. (b) If a recall or special election is not held on the same day as a primary election, presidential preference primary election or general election, the last day to register to vote for the recall or special election by any method of registration is the third Saturday preceding the recall or special election. 2. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, after the deadlines for the close of registration for a primary election, presidential preference primary election or general election set forth in subsection 1, no person may register to vote for the election. 3. Except for a recall or special election held pursuant to chapter 306 or 350 of NRS: (a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating: – 4 – - 83rd Session (2025) (1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed; and (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.  If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State. (b) The notice must be published once each week for 4 consecutive weeks next preceding the day that the last method of registration for the election, as set forth in subsection 1, will be closed. 4. The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year. 5. A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035. Sec. 1.3. NRS 293.57688 is hereby amended to read as follows: 293.57688 1. An automatic voter registration agency is required to electronically transmit the following information of a person to the database created by the Secretary of State pursuant to NRS 293.675 using the system established pursuant to NRS 293.57686: (a) An electronic facsimile of the signature of the person, if the automatic voter registration agency is capable of recording, storing and transmitting to the county clerk an electronic facsimile of the signature of the person; (b) The first or given name and the surname of the person; (c) The address at which the person actually resides as set forth in NRS 293.486 and, if different, the address at which the person may receive mail, including, without limitation, a post office box or general delivery; (d) The date of birth of the person; (e) At least one of the following: (1) The number indicated on the person’s current and valid driver’s license or identification card issued by the Department of Motor Vehicles; or (2) The last four digits of the person’s social security number; and – 5 – - 83rd Session (2025) (f) A description of the documentation presented to the automatic voter registration agency that indicates the person is a citizen of the United States. 2. Except as otherwise provided in NRS 293.5768, the automatic voter registration agency shall electronically transmit to the database created by the Secretary of State pursuant to NRS 293.675 the information described in subsection 1: (a) Except as otherwise provided in paragraph (b), not later than 5 working days after collecting the information; and (b) [During the 2 weeks immediately preceding the fifth Sunday preceding an election, not] Not later than 1 working day after collecting the information [.] if the information is collected during the period: (1) Beginning 2 weeks immediately preceding the eighteenth day before an election; and (2) Ending on the eighteenth day before an election. Sec. 1.7. NRS 293.5842 is hereby amended to read as follows: 293.5842 1. Notwithstanding the close of any method of registration for an election pursuant to NRS 293.560 or 293C.527, an elector may register to vote in person at any polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote. 2. To register to vote in person during the period for early voting, an elector must: (a) Appear before the close of polls at a polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote. (b) Complete the application to register to vote by a method authorized by the county or city clerk pursuant to this paragraph. The county or city clerk shall authorize at least one of the following methods for a person to register to vote pursuant to this paragraph: (1) A paper application; or (2) The system established by the Secretary of State pursuant to NRS 293.671.  If the county or city clerk authorizes the use of both methods, the county or city clerk may limit the use of one method to circumstances when the other method is not reasonably available. (c) Except as otherwise provided in [subsection 3,] this section, provide his or her [current] : (1) Current and valid driver’s license or identification card issued by [the Department of Motor Vehicles which shows his or her physical address] this State, another state, the District of Columbia or any territory of the United States as proof of the – 6 – - 83rd Session (2025) elector’s identity and , if the driver’s license or identification card was issued by the Department of Motor Vehicles and shows the elector’s current residential address, as proof of the elector’s identity and residency [.] ; or (2) Tribal identification card as proof of the elector’s identity and, if the tribal identification card shows the elector’s current residential address, as proof of the elector’s identity a [Text truncated for display. Full text available on LegiScan.]