SB443A - Revises provisions relating to voter registration. (BDR 24-842)

EXEMPT (Reprinted with amendments adopted on May 31, 2023) SECOND REPRINT S.B. 443 - *SB443_R2* SENATE BILL NO. 443–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS MARCH 27, 2023 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to voter registration. (BDR 24-842) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 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; 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; making an appropriation to the Department of Motor Vehicles for certain security costs relating to extended hours of operation required during certain periods; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth certain deadlines for registering to vote by mail, 1 computer or appearing in person at the office of the county or city clerk. (NRS 2 293.560, 293C.527) Existing law also authorizes an elector to register to vote after 3 such deadlines: (1) through the Thursday preceding the election, by computer using 4 the online registration system provided on the Internet website of the Office of the 5 Secretary of State; and (2) after such online registration, by appearing in person 6 during the period for early voting or on election day. To register to vote during such 7 periods, an elector must provide his or her driver’s license or identification card 8 issued by the Department of Motor Vehicles and, if the license or identification 9 card does not include his or her current residential address, certain documents 10 establishing proof of residency. (NRS 293.5837-293.5847) Sections 1.6 and 2 of 11 this bill instead provide that to register to vote in person during the period for early 12 – 2 – - *SB443_R2* voting or on election day, an elector must, with certain exceptions, provide a 13 current and valid driver’s license or identification card issued by this State, another 14 state, the District of Columbia or a territory of the United States or provide a tribal 15 identification card as proof of identity. If the elector’s driver’s license or 16 identification card was issued by the Department of Motor Vehicles and shows the 17 elector’s current residential address, the driver’s license or identification card is 18 also proof of the elector’s residency. If the elector’s tribal identification card shows 19 the elector’s current residential address, the tribal identification card is also proof of 20 the elector’s residency. 21 If the elector’s driver’s license or identification card was not issued by the 22 Department of Motor Vehicles, the elector may cast a provisional ballot if he or she 23 completes a written affirmation. Any such elector who casts a provisional ballot 24 must provide a current and valid driver’s license or identification card issued by the 25 Department of Motor Vehicles, an interim document issued by the Department of 26 Motor Vehicles or a tribal identification card demonstrating proof of residency by 5 27 p.m. on the Friday immediately following election day. 28 Sections 1.6 and 2 also provide that if an elector’s driver’s license or 29 identification card issued by the Department of Motor Vehicles does not have the 30 elector’s current residential address, the elector may present an original, electronic 31 or certified copy of a document as proof of residency and that, for certain 32 documents, such document must be dated not more than 60 days before the date the 33 elector is registering to vote. 34 Sections 1.6 and 2 further provide that if an elector does not have a driver’s 35 license or identification card issued by this State or another state, the District of 36 Columbia or any territory of the United States or a tribal identification card, the 37 elector may cast a provisional ballot if he or she completes a written affirmation. 38 Any such elector who casts a provisional ballot must provide a current and valid 39 driver’s license, identification card or interim document issued by the Department 40 of Motor Vehicles or a tribal identification card demonstrating proof of identity and 41 residency in this State by 5 p.m. on the Friday immediately following election day. 42 Existing law authorizes the Director of the Department of Motor Vehicles to 43 arrange for extended hours of operation for offices of the Department in a county 44 whose population is 100,000 or more (currently Clark County and Washoe 45 County). (NRS 481.057) Section 3 of this bill provides that, in a county whose 46 population is 100,000 or more, the Director is required to arrange for the offices of 47 the Department to remain open on Saturdays and Sundays and at hours other than 8 48 a.m. to 5 p.m. for a person to only apply for the issuance or renewal of any type of 49 driver’s license or identification card issued by the Department: (1) during the 2 50 weeks immediately preceding the last day to register to vote by mail for a primary 51 election, presidential preference primary election or general election; and (2) during 52 the 6 calendar days immediately following the day of a primary election, 53 presidential preference primary election or general election. Section 3 further 54 prohibits the Department from requiring, in a county whose population is 100,000 55 or more, a person to have an appointment to apply for the issuance or renewal of 56 any type of driver’s license or identification card issued by the Department: (1) 57 during the 2 weeks immediately preceding the last day to register to vote by mail 58 for a primary election, presidential preference primary election or general election; 59 and (2) during the 6 calendar days immediately following the day of a primary 60 election, presidential preference primary election or general election. 61 Section 3.5 of this bill makes an appropriation from the State Highway Fund to 62 the Department of Motor Vehicles for the costs of additional security services for 63 the extended hours of operation required by section 3. 64 – 3 – - *SB443_R2* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. (Deleted by amendment.) 1 Sec. 1.3. (Deleted by amendment.) 2 Sec. 1.6. NRS 293.5842 is hereby amended to read as follows: 3 293.5842 1. Notwithstanding the close of any method of 4 registration for an election pursuant to NRS 293.560 or 293C.527, 5 an elector may register to vote in person at any polling place for 6 early voting by personal appearance in the county or city, as 7 applicable, in which the elector is eligible to vote. 8 2. To register to vote in person during the period for early 9 voting, an elector must: 10 (a) Appear before the close of polls at a polling place for early 11 voting by personal appearance in the county or city, as applicable, in 12 which the elector is eligible to vote. 13 (b) Complete the application to register to vote by a method 14 authorized by the county or city clerk pursuant to this paragraph. 15 The county or city clerk shall authorize at least one of the following 16 methods for a person to register to vote pursuant to this paragraph: 17 (1) A paper application; or 18 (2) The system established by the Secretary of State pursuant 19 to NRS 293.671. 20  If the county or city clerk authorizes the use of both methods, the 21 county or city clerk may limit the use of one method to 22 circumstances when the other method is not reasonably available. 23 (c) Except as otherwise provided in [subsection 3,] this section, 24 provide his or her [current] : 25 (1) Current and valid driver’s license or identification card 26 issued by [the Department of Motor Vehicles which shows his or 27 her physical address] this State or another state, the District of 28 Columbia or any territory of the United States as proof of the 29 elector’s identity and , if the driver’s license or identification card 30 was issued by the Department of Motor Vehicles and shows the 31 elector’s current residential address, as proof of the elector’s 32 identity and residency [.] ; or 33 (2) Tribal identification card as proof of the elector’s 34 identity and, if the tribal identification card shows the elector’s 35 current residential address, as proof of the elector’s identity and 36 residency. 37 3. If the elector’s driver’s license or identification card was 38 issued by the Department of Motor Vehicles [to the elector] but 39 does not have the elector’s current residential address, an original, 40 electronic or certified copy of the following documents may be used 41 to establish the residency of the elector if the current residential 42 – 4 – - *SB443_R2* address of the elector, as indicated on his or her application to 1 register to vote, is displayed on the document: 2 (a) A military identification card; 3 (b) A utility bill, including, without limitation, a bill for electric, 4 gas, oil, water, sewer, septic, telephone, cellular telephone or cable 5 television service [;] , that is dated not more than 60 days before 6 the date on which the elector is registering to vote; 7 (c) A bank or credit union statement [;] that is dated not more 8 than 60 days before the date on which the elector is registering to 9 vote; 10 (d) A paycheck [;] that is dated not more than 60 days before 11 the date on which the elector is registering to vote; 12 (e) An income tax return; 13 (f) A statement concerning the mortgage, rental or lease of a 14 residence; 15 (g) A motor vehicle registration; 16 (h) A property tax statement; or 17 (i) Any other document issued by a governmental agency. 18 4. [Subject] Except as otherwise provided in subsection 5 or 6, 19 subject to final verification, if an elector registers to vote in person 20 at a polling place pursuant to this section: 21 (a) The elector shall be deemed to be conditionally registered to 22 vote at the polling place upon: 23 (1) The determination that the application to register to vote 24 is complete; and 25 (2) The verification of the elector’s identity and residency 26 pursuant to this section. 27 (b) After the elector is deemed to be conditionally registered to 28 vote at the polling place pursuant to paragraph (a), the elector: 29 (1) May vote in the election only at that polling place; 30 (2) Must vote as soon as practicable and before leaving that 31 polling place; and 32 (3) Must vote by casting a provisional ballot, unless it is 33 verified, at that time, that the elector is qualified to register to vote 34 and to cast a regular ballot in the election at that polling place. 35 5. If an elector who appears to vote provides as proof of 36 identity a driver’s license or identification card that was not issued 37 by the Department of Motor Vehicles or provides a tribal 38 identification card that does not have the elector’s current 39 residential address, the elector may cast a provisional ballot 40 pursuant to subsection 4 if the elector completes a written 41 affirmation on a form provided by an election officer which 42 includes: 43 (a) A statement in which the person affirms under penalty of 44 perjury that he or she is a qualified elector; and 45 – 5 – - *SB443_R2* (b) A statement informing the voter that a current and valid 1 driver’s license, identification card or interim document issued by 2 the Department of Motor Vehicles or a tribal identification card 3 that demonstrates residency must be provided to the county or city 4 clerk not later than 5 p.m. on the Friday immediately following 5 election day and that failure to do so will result in the provisional 6 ballot not being counted. 7 6. If an elector who appears to vote does not have a driver’s 8 license or identification card issued by this State or another state, 9 the District of Columbia or any territory of the United States or a 10 tribal identification card, the elector may cast a provisional ballot 11 pursuant to subsection 4 if the elector completes a written 12 affirmation on a form provided by an election officer which 13 includes: 14 (a) A statement in which the person affirms under penalty of 15 perjury that he or she is a qualified elector but has not been issued 16 a driver’s license or identification card by this State or another 17 state, the District of Columbia or any territory of the United States 18 or a tribal identification card; and 19 (b) A statement informing the voter that a current and valid 20 driver’s license, identification card or interim document issued by 21 the Department of Motor Vehicles or a tribal identification card 22 that demonstrates proof of identity and residency must be provided 23 to the county or city clerk not later than 5 p.m. on the Friday 24 immediately following election day and failure to do so will result 25 in the provisional ballot not being counted. 26 7. Nothing in this section shall be construed to authorize an 27 elector’s provisional ballot that is cast pursuant to this section to 28 be counted unless the elector provides proof of identity and 29 residency as required pursuant to this section. 30 Sec. 2. NRS 293.5847 is hereby amended to read as follows: 31 293.5847 1. Notwithstanding the close of any method of 32 registration for an election pursuant to NRS 293.560 or 293C.527, 33 an elector may register to vote in person on the day of the election at 34 any polling place in the county or city, as applicable, in which the 35 elector is eligible to vote. 36 2. To register to vote on the day of the election, an elector 37 must: 38 (a) Appear before the close of polls at a polling place in the 39 county or city, as applicable, in which the elector is eligible to vote. 40 (b) Complete the application to register to vote by a method 41 authorized by the county or city clerk pursuant to this paragraph. 42 The county or city clerk shall au [Text truncated for display. Full text available on LegiScan.]