Bill > SB123

Introduced Session

Legislative Counsel's Digest: Under existing law, the Secretary of State serves as the Chief Officer of 1 Elections and is responsible for the execution and enforcement of state and federal 2 law relating to Nevada s elections. (NRS 293.124) Existing law also requires the 3 Secretary of State to adopt regulations relating to the security and integrity of 4 Nevada s elections. (NRS 293.247) Sections 3, 4, 6-9 and 86 of this bill establish 5 additional requirements regarding the security and integrity of such elections. 6 Section 3 of this bill defines the term information system to mean any 7 computer or other system used to collect, process, distribute or store information, 8 and section 4 of this bill defines security of an information system to include the 9 security of: (1) the physical infrastructure of the system; and (2) the information on 10 the system. 11 Section 6 of this bill requires each county or city clerk and their staff members 12 who administer elections to complete an annual training class on cybersecurity. 13 Section 6 also requires any county or city clerk or other local election official to 14 immediately notify the Secretary of State if there has been an attack or attempted 15 attack on the security of an election information system. 16 Under existing law, any records of state agencies or local governments relating 17 to a suspected or confirmed threat or attack on the security of an information 18 system are confidential and not public records and may be disclosed only under 19 certain limited circumstances. (NRS 480.940) Consistently with this existing law, 20 section 7 of this bill provides that any records of the Secretary of State or county or 21 city clerk relating to the security of an election information system, including 22 records relating to the prevention of a threat or attack on the security of an election 23 information system, are confidential and not public records and may be disclosed 24 only under certain limited circumstances. 25 Section 8 of this bill requires the Secretary of State to adopt regulations for 26 conducting risk-limiting audits of elections. Section 8 defines risk-limiting audit 27 as an audit that uses statistical principles and methods to limit the risk of certifying 28 an incorrect election outcome. Section 86 of this bill requires the Secretary of State 29 to establish a pilot program for conducting risk-limiting audits of the results of the 30 2020 general election. Section 9 of this bill, which becomes effective January 1, 31 2022, requires each county clerk to conduct risk-limiting audits of elections in 32 accordance with the regulations adopted by the Secretary of State. 33 Existing federal law establishes the United States Election Assistance 34 Commission and charges the federal agency with various duties, including the 35 development of standards for voting systems. (52 U.S.C. 20921, 21081) Existing 36 state law requires the Secretary of State and each county and city clerk to ensure 37 that each voting system used in this State meets or exceeds the standards for voting 38 systems established by the United States Election Assistance Commission. (NRS 39 293.2696) Section 5 of this bill defines the term United States Election Assistance 40 Commission for Nevada s elections laws, and sections 33, 38, 41 and 42 of this 41 bill change certain existing references in Nevada s elections laws so they properly 42 refer to the United States Election Assistance Commission. 43 Under existing law, with certain exceptions, in order for a person to be named 44 as a candidate on an official ballot at any election, the person must file a declaration 45 of candidacy with the appropriate filing officer. (NRS 293.057, 293.165, 293.166, 46 293.177, 293.185, 293C.145, 293C.175 and 293C.185) Section 2 of this bill defines 47 the term declaration of candidacy for Nevada s elections laws. 48 Under existing law, ten or more registered voters may file a certificate of 49 candidacy designating a qualified person as a candidate for an office, and if the 50 person named in the certificate files an acceptance of candidacy and pays the 51 required fee, the person becomes a candidate as if he or she had filed a declaration 52 of candidacy. (NRS 293.180) Section 85 of this bill repeals this existing law. Based 53 on this repeal, the terms acceptance of candidacy and certificate of candidacy 54 are removed from existing law by various sections of this bill, and the term 55 declaration of candidacy remains as the appropriate term for the official 56 document that a person must file to be named as a candidate on an official ballot at 57 any election. 58 Under existing law, in even-numbered years, the first day that judicial 59 candidates may file a declaration of candidacy is the first Monday in January, and 60 the first day that nonjudicial candidates may file a declaration of candidacy is the 61 first Monday in March. (NRS 293.177) However, in cities that hold their city 62 elections in odd-numbered years, the first day that judicial and nonjudicial 63 candidates may file a declaration of candidacy is 70 days before the applicable 64 election. (NRS 293C.145, 293C.175 and 293C.185) Existing law also: (1) requires 65 the Secretary of State to forward certain information to each county clerk after 66 deadlines calculated by using the filing dates for certain candidates; and (2) 67 prohibits counties, cities and other political subdivisions from making certain 68 changes to election districts after deadlines calculated by using the filing dates for 69 certain candidates. (NRS 293.187, 293.209) Sections 22 and 29 of this bill clarify 70 these deadlines so they are calculated by using the filing dates for nonjudicial 71 candidates. 72 Existing law requires election boards to have rosters of registered voters in 73 polling places. (NRS 293.275) Sections 34 and 43 of this bill require that, in a 74 county or city which uses electronic rosters, the county or city clerk must complete 75 a test of the electronic rosters to ensure their functionality before the first day of 76 early voting. 77 Under existing law, if there has been a tie vote for certain county, city or other 78 local offices, the winner is determined by lot. (NRS 293.400) Section 35 of this bill 79 provides that when a tie vote occurs in a primary election for nonpartisan office: (1) 80 if the candidates with the tie vote received the highest number of votes in the 81 primary election, those candidates must be declared the nominees and placed on the 82 ballot for the general election; or (2) if the candidates with the tie vote received 83 the second highest number of votes in the primary election, those candidates, along 84 with the candidate who received the highest number of votes in the primary 85 election, must be declared the nominees and placed on the ballot for the general 86 election, unless the candidate who received the highest number of votes in the 87 primary election received a majority of the votes cast in the primary election and 88 any law or city charter declares such a candidate to be elected to the office at the 89 primary election. Sections 32 and 43.5 of this bill make conforming changes. 90 Existing law authorizes the county or city clerk to rent privately owned 91 locations to be designated as polling places on election day. (NRS 293.437) Section 92 37 of this bill provides that the legal rights and remedies of the owner or lessor of 93 such private property are not impaired or affected by renting the property for use as 94 a polling place. 95 Existing law requires the county clerk or field registrar of voters to list a 96 person s political party as nonpartisan if the person does not indicate a political 97 party affiliation on an application to preregister or register to vote. (NRS 293.518) 98 Section 38 of this bill provides that if a person who is already preregistered or 99 registered to vote in a county submits a new application in the same county but 100 does not make any indications about political party affiliation on the new 101 application, the county clerk or field registrar of voters must not change the 102 person s existing political party affiliation that was established by his or her prior 103 application and is listed in the current records of the county clerk. 104 Existing law sets forth different deadlines for registering to vote depending on 105 whether the method used for registration is by mail, computer or appearing in 106 person at the office of the county or city clerk. Existing law also requires the county 107 or city clerk to publish a notice in a newspaper in the county or city indicating the 108 day and time that registration will close, but existing law does not explicitly require 109 the notice to indicate the day and time that each different method of registration 110 will close. (NRS 293.560, 293C.527) Sections 40 and 50 of this bill clarify that the 111 notice must: (1) indicate the day and time that each different method of registration 112 will close; and (2) be published once each week for 4 consecutive weeks next 113 preceding the day that the last method of registration will close. 114 Under the Nevada Constitution, persons may circulate different types of 115 petitions for initiative or referendum that propose changes in state law, such as 116 amendments to the Nevada Constitution or Nevada Revised Statutes. If the 117 petitions receive a sufficient number of valid signatures, they are placed on the 118 ballot for approval or disapproval by the voters. (Nev. Const. Art. 19, 1, 2) 119 Existing law requires a copy of each petition to be placed on file with the Secretary 120 of State before it may be circulated for signatures. (NRS 295.015) Section 57 of 121 this bill requires the Secretary of State to assign to each petition that is placed on 122 file a unique identifier that must: (1) consist of a serial number or letter, or both; 123 and (2) distinguish among each different type of petition received. 124 Finally, sections 83-84.6 of this bill resolve conflicts with Assembly Bill No. 125 50 and Assembly Bill No. 345 of this session. 126 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 to 5, inclusive, of this 2 act. 3 Sec. 2. Declaration of candidacy means a declaration of 4 candidacy that a person must file with the appropriate filing 5 officer pursuant to this title in order to be named as a candidate 6 on an official ballot at any election. 7 Sec. 3. Information system has the meaning ascribed to it 8 in NRS 480.906. 9 Sec. 4. Security of an information system has the meaning 10 ascribed to it in NRS 480.910. 11 Sec. 5. United States Election Assistance Commission 12 means the Election Assistance Commission created pursuant to 52 13 U.S.C. 20921, as amended, or any successor agency. 14 Sec. 6. 1. At least once each year, each county or city clerk 15 and all members of their staff whose duties include administering 16 an election must complete a training class on cybersecurity that is 17 approved by the Secretary of State. 18 2. If any county or city clerk or other local election official 19 identifies or is informed of a confirmed attack or attempted attack 20 on the security of an information system used by the county or city 21 clerk or other local election official, the county or city clerk or 22 other local election official shall immediately notify the Secretary 23 of State regarding such attack or attempted attack. 24 Sec. 7. 1. Any records of the Secretary of State or a county 25 or city clerk that relate to the security of an information system 26 used for elections are confidential and are not public records 27 pursuant to chapter 239 of NRS. Such records include, without 28 limitation: 29 (a) Risk assessments; 30 (b) Vulnerability assessments; and 31 (c) Any other information that identifies the preparation for or 32 prevention of a threat or attack on an information system used for 33 elections. 34 2. The Secretary of State or a county or city clerk shall not 35 disclose any records that are confidential pursuant to this section, 36 except that such records may be provided confidentially to: 37 (a) Any state agency or local government; 38 (b) A cybersecurity incident response team appointed pursuant 1 to NRS 480.928; or 2 (c) Appropriate law enforcement officers or prosecuting 3 attorneys, 4 but only for the purpose of preparing for and mitigating risks to 5 or otherwise protecting the security of elections or as part of a 6 criminal investigation. 7 Sec. 8. 1. The Secretary of State shall adopt regulations for 8 conducting a risk-limiting audit of an election, which may include, 9 without limitation: 10 (a) Procedures to conduct a risk-limiting audit; 11 (b) Criteria for which elections must be audited; and 12 (c) Criteria to determine the scope of the risk-limiting audit. 13 2. As used in this section, risk-limiting audit means an 14 audit protocol that: 15 (a) Makes use of statistical principles and methods; and 16 (b) Is designed to limit the risk of certifying an incorrect 17 election outcome. 18 Sec. 9. Section 8 of this act is hereby amended to read as 19 follows: 20 Sec. 8. 1. The Secretary of State shall adopt 21 regulations for conducting a risk-limiting audit of an election, 22 which may include, without limitation: 23 (a) Procedures to conduct a risk-limiting audit; 24 (b) Criteria for which elections must be audited; and 25 (c) Criteria to determine the scope of the risk-limiting 26 audit. 27 2. In accordance with the regulations adopted by the 28 Secretary of State pursuant to this section, each county 29 clerk shall conduct a risk-limiting audit of the results of an 30 election prior to the certification of the results of the 31 election pursuant to NRS 293.395. 32 3. As used in this section, risk-limiting audit means an 33 audit protocol that: 34 (a) Makes use of statistical principles and methods; and 35 (b) Is designed to limit the risk of certifying an incorrect 36 election outcome. 37

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Chapter 546. (on 06/13/2019)

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