Bill > AB321

Introduced Session

Legislative Counsel's Digest: Existing law authorizes a registered voter to request an absent ballot to vote at 1 an election and sets forth various requirements and procedures to be used for voting 2 and processing absent ballots. (NRS 293.3088-293.340, 293C.304-293C.340) 3 Existing law also provides that a county or city clerk may designate certain election 4 precincts as mailing precincts or absent ballot mailing precincts and all registered 5 voters who live in such an election precinct are mailed a mailing ballot and may 6 vote by mailing ballot. (NRS 293.343-293.355, 293C.342-293C.352) Existing law 7 further provides that for elections that are affected by certain emergencies or 8 disasters, the county and city clerks are required to mail each registered voter a mail 9 ballot and sets forth requirements and procedures to be used for mail ballots. (NRS 10 293.8801-293.8887) Section 91 of this bill repeals the existing provisions for 11 absent ballots, mailing ballots and mail ballots. Sections 2, 3-17 and 51-63 of this 12 bill: (1) require the county and city clerks to send each active registered voter and 13 each person who registers to vote or updates his or her voter registration 14 information not later than 14 days before an election a mail ballot for all elections; 15 and (2) reenact, with certain changes, various requirements relating to the 16 preparation and distribution of mail ballots and procedures for voting, returning, 17 verifying and counting mail ballots. Sections 18-24, 30-33, 35-45, 47-49, 66-69, 18 72, 73, 76-79 and 81-84, 85 and 86 of this bill make conforming changes to revise 19 references to absent ballots, mailing ballots and mail ballots for affected elections. 20 Sections 3 and 51 of this bill provide that a voter may elect not to receive a 21 mail ballot by submitting a written notice to the county or city clerk which must be 22 received by the county or city clerk, as applicable, not later than 60 days before the 23 day of the election. 24 Sections 2.2 and 2.4 of this bill require the county clerk to establish a 25 minimum number of polling places for primary elections and general elections in 26 the county for early voting by personal appearance and polling places for voting on 27 the day of the election based on the population of the county. 28 Existing law provides that an absent ballot or mail ballot that is mailed to the 29 county or city clerk must be postmarked on or before the day of the election and 30 received by 5 p.m. on the seventh day following the election. (NRS 293.317, 31 293.8861, 293C.319) Sections 8 and 56 of this bill revise this deadline to instead 32 require a mail ballot that is mailed to the county or city clerk to be received by 5 33 p.m. on the fourth day following an election. Sections 8 and 56 also require the 34 county and city clerk to establish ballot drop boxes at every polling location in the 35 county or city, as applicable. Section 45 of this bill makes it a category E felony for 36 a person other than a county clerk or city clerk to establish a ballot drop box. 37 Existing law establishes a process for county and city clerks to verify signatures 38 on absent ballots, mailing ballots and mail ballots. (NRS 293.325, 293.355, 39 293.8874, 293C.325, 293C.352) Sections 11 and 59 of this bill authorize the 40 county and city clerks to review the signature of a voter manually or by electronic 41 means and establish requirements for an electronic device to verify the signature of 42 a voter. 43 Sections 16 and 64 of this bill require each county clerk and city clerk and all 44 members of their staff whose duties include administering an election to complete a 45 class on forensic signature verification that is approved by the Secretary of State at 46 least once each year. Sections 17 and 65 of this bill provide that if a county or city 47 clerk uses an electronic device to verify signatures on mail ballots, the clerk must: 48 (1) conduct a test of the accuracy of every electronic device before the election; (2) 49 perform daily audits of the electronic device during the processing of ballots for the 50 election; and (3) prepare an audit report. Sections 34 and 80 of this bill require the 51 audit reports to be deposited in the vaults of the county or city with other election 52 materials. 53 Existing law allows a voter who has failed to affix his or her signature on an 54 absent, mailing or mail ballot or for whom there is a reasonable question of fact as 55 to whether the signature used for the absent, mailing or mail ballot matches the 56 signature of the voter to provide a signature or confirmation not later than 5 p.m. on 57 the seventh day following an election or the ninth day following an affected 58 election. (NRS 293.325, 293.355, 293.8874, 293C.325, 293C.352) Sections 11 and 59 59 revise this deadline to require a voter to provide a signature or confirmation by 60 the sixth day following an election. Sections 11 and 59 also establish methods by 61 which the county or city clerk may verify the identity of a voter for whom there is a 62 reasonable question of fact as to whether the signature used on his or her mailing 63 ballot matches the voter s signature. 64 Existing law requires certain persons who register to vote to show certain proof 65 of identity and residency the first time voting in an election for federal office in this 66 State. A person who registers to vote at the Department of Motor Vehicles using the 67 process commonly known as the Automatic Voter Registration System is not 68 required to show proof of identity or residency the first time voting in an election 69 for federal office in this State if the person presented to the Department of Motor 70 Vehicles certain proof of identity and residency. (NRS 293.2725, 293.5742) 71 Section 25 of this bill makes a technical change to clarify that a person who 72 registers to vote at the Department of Motor Vehicles using the Automatic Voter 73 Registration System is not required to show proof of identity or residency the first 74 time voting in an election for federal office in this State if the person presented to 75 the Department of Motor Vehicles certain proof of identity and residency. 76 Existing law authorizes an Indian tribe to submit a request for the establishment 77 of a polling place within the boundaries of an Indian reservation or Indian colony, 78 which must be submitted by the first Friday in January for a primary election and 79 the first Friday in July for a general election. (NRS 293.2733, 293.3572, 80 293C.2675, 293C.3572) Sections 26, 28, 70 and 74 of this bill revise the deadline 81 for the request for the establishment of a polling place within the boundaries of an 82 Indian reservation or Indian colony for early voting and the day of a primary 83 election or general election to March 1 for a primary election and August 1 for a 84 general election. Sections 26 and 70 also authorize an Indian tribe to submit a 85 request for the establishment of a ballot drop box within the boundaries of an 86 Indian reservation or Indian colony by the same deadlines. 87 Existing law provides that if the signature of a voter who appears to vote in 88 person at the polls does not match the voter s signature on file, the voter must be 89 identified by answering questions covering the personal data reported on an 90 application to register to vote or providing other personal data. (NRS 293.285, 91 293.3585, 293C.275, 293C.3585) Sections 27, 29, 71 and 75 of this bill provide 92 that the questions covering the personal data of a voter may include the voter s date 93 of birth. 94 Existing law authorizes a person to register to vote through the Thursday 95 preceding the day of the election by submitting an application to register to vote by 96 computer using the system established by the Secretary of State before the person 97 appears at a polling place to vote in person using a provisional ballot. (NRS 98 293.560, 293.5837, 293C.527) Sections 42.5, and 80.5 of this bill extend this 99 deadline to allow a person to register to vote using this method through the day of 100 the election. 101 Existing law requires the Secretary of State to establish and maintain the 102 statewide voter registration list. (NRS 293.675) Section 44 of this bill requires the 103 Secretary of State to enter into a cooperative agreement with the State Registrar of 104 Vital Statistics to match information in the statewide voter registration list with the 105 records from the State Registrar of Vital Statistics concerning the death of residents 106 of the State to maintain the statewide voter registration list. 107 Existing law authorizes certain persons to obtain a court order to require a 108 county assessor, county recorder, county clerk, city clerk or Secretary of State to 109 maintain the personal information of the person contained in their records in a 110 confidential manner. (NRS 247.530, 247.540, 250.130, 250.140, 293.908) Sections 111 46, 87 and 88 of this bill authorize a county or city clerk or registrar of voters 112 charged with the powers and duties relating to elections and any deputy appointed 113 by the county or city clerk or registrar of voters in the elections division to request a 114 court order to require a county assessor, county recorder, county clerk, city clerk or 115 the Secretary of State maintain the personal information of the person contained in 116 their records in a confidential manner. 117 Existing law authorizes, under certain circumstances, a petition for initiative or 118 referendum to be withdrawn. Once a petition for initiative or referendum is 119 withdrawn, no further action may be taken on that petition. (NRS 295.026) Section 120 84.5 of this bill provides that a notice of withdrawal of: (1) a petition for initiative 121 that proposes a statute or an amendment to a statute must be submitted to the 122 Secretary of State not later than 90 days before the election at which the question of 123 approval of disapproval of the initiative will appear on the ballot; (2) a petition for 124 initiative that proposes an amendment to the Constitution must be submitted to the 125 Secretary of State not later than 90 days before the first election at which the 126 question of approval or disapproval of the initiative will appear on the ballot; or (3) 127 a petition for referendum must be submitted to the Secretary of State not later than 128 90 days before the election at which the question of approval or disapproval of the 129 referendum will appear on the ballot. 130 Existing law authorizes certain persons to request that the Department of Motor 131 Vehicles display an alternate address on the person s driver s license, commercial 132 driver s license or identification card. (NRS 481.091) Section 89 of this bill 133 authorizes a county clerk, city clerk, registrar of voters charged with powers and 134 duties related to elections and any deputy in the elections division of the county or 135 city to also request that the Department display an alternate address on the person s 136 driver s license, commercial driver s license or identification card. 137 Section 89.5 of this bill makes an appropriation to the Office of the Secretary 138 of State for the costs of ballot stock, postage and postcard notifications to carry out 139 the provisions of this bill. 140 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 17, inclusive, of this 2 act. 3 Sec. 2. Mail ballot means a mail ballot distributed to an 4 active registered voter pursuant to the provisions of sections 3 to 5 15, inclusive, of this act and sections 51 to 65, inclusive, of this 6 act. 7 Sec. 2.2. For a primary election or general election, the 8 county clerk must establish: 9 1. In a county whose population is 700,000 or more, at least 10 25 polling places for early voting by personal appearance, which 11 may be any combination of temporary or permanent polling places 12 for early voting. 13 2. In a county whose population is 100,000 or more but less 1 than 700,000, at least 15 polling places for early voting by 2 personal appearance, which may be any combination of temporary 3 or permanent polling places for early voting. 4 3. In a county whose population is less than 100,000, at least 5 1 permanent polling place for early voting by personal 6 appearance. 7 Sec. 2.4. 1. For a primary election or general election, the 8 county clerk must establish: 9 (a) In a county whose population is 700,000 or more, at least 10 100 polling places where a person can vote in person on the day of 11 the election. 12 (b) In a county whose population is 100,000 or more but less 13 than 700,000, at least 25 polling places where a person can vote in 14 person on the day of the election. 15 (c) In a county whose population is less than 100,000, at least 16 1 permanent polling place where a person can vote in person on 17 the day of the election. 18 2. For the purposes of subsection 1, a polling place where a 19 person can vote on the day of the election may include a vote 20 center. 21 Sec. 3. 1. Except as otherwise provided in this section, the 22 county clerk shall prepare and distribute to each active registered 23 voter in the county and each person who registers to vote or 24 updates his or her voter registration information not later than the 25 14 days before the election a mail ballot for every election. The 26 county clerk shall make reasonable accommodations for the use of 27 the mail ballot by a person who is elderly or disabled, including, 28 without limitation, by providing, upon request, the absent ballot in 29 12-point type to a person who is elderly or disabled. 30 2. The county clerk shall allow a voter to elect not to receive a 31 mail ballot pursuant to this section by submitting to the county 32 clerk a written notice in the form prescribed by the county clerk 33 which must be received by the county clerk not later than 60 days 34 before the day of the election. 35 3. The county clerk shall not distribute a mail ballot to any 36 person who: 37 (a) Registers to vote for the election pursuant to the provisions 38 of NRS 293.5772 to 293.5887, inclusive; or 39 (b) Elects not to receive a mail ballot pursuant to subsection 2. 40 4. The mail ballot must include all offices, candidates and 41 measures upon which the voter is entitled to vote at the election. 42 5. Except as otherwise provided in subsections 2 and 3, the 43 mail ballot must be distributed to: 44 (a) Each active registered voter who: 45 (1) Resides within the State, not later than 20 days before 1 the election; and 2 (2) Except as otherwise provided in paragraph (c), resides 3 outside the State, not later than 40 days before the election. 4 (b) Each active registered voter who registers to vote after the 5 dates set for distributing mail ballots pursuant to paragraph (a) 6 but who is eligible to receive a mail ballot pursuant to subsection 7 1, not later than 13 days before the election. 8 (c) Each covered voter who is entitled to have a military-9 overseas ballot transmitted pursuant to the provisions of chapter 10 293D of NRS or the Uniformed and Overseas Citizens Absentee 11 Voting Act, 52 U.S.C. 20301 et seq., not later than the time 12 required by those provisions. 13 6. In the case of a special election where no candidate for 14 federal office will appear on the ballot, the mail ballot must be 15 distributed to each active registered voter not later than 15 days 16 before the special election. 17 7. Any untimely legal action which would prevent the mail 18 ballot from being distributed to any voter pursuant to this section 19 is moot and of no effect. 20 Sec. 4. 1. Except as otherwise provided in subsection 2, 21 section 3 of this act and chapter 293D of NRS, the county clerk 22 shall send to each active registered voter by first-class mail, or by 23 any class of mail if the Official Election Mail logo or an 24 equivalent logo or mark created by the United States Postal 25 Service is properly placed: 26 (a) A mail ballot; 27 (b) A return envelope; 28 (c) An envelope or sleeve into which the mail ballot is inserted 29 to ensure its secrecy; and 30 (d) Instructions. 31 2. In sending a mail ballot to an active registered voter, the 32 county clerk shall use an envelope that may not be forwarded to 33 an address of the voter that is different from the address to which 34 the mail ballot is mailed. 35 3. The return envelope must include postage prepaid by first-36 class mail if the active registered voter is within the boundaries of 37 the United States, its territories or possessions or on a military 38 base. 39 4. Before sending a mail ballot to an active registered voter, 40 the county clerk shall record: 41 (a) The date the mail ballot is issued; 42 (b) The name of the voter to whom the mail ballot is issued, his 43 or her precinct or district and his or her political affiliation, if any, 44 unless all the offices on the mail ballot are nonpartisan offices; 45 (c) The number of the mail ballot; and 1 (d) Any remarks the county clerk finds appropriate. 2 Sec. 5. 1. Except as otherwise provided in subsection 2, if a 3 person applied by mail or computer to register to vote, or 4 preregistered to vote by mail or computer and is subsequently 5 deemed to be registered to vote, and the person has not previously 6 voted in any election for federal office in this State, the county 7 clerk must inform the person that he or she must include a copy of 8 the information required in paragraph (b) of subsection 1 of NRS 9 293.2725 in the return envelope with the mail ballot. 10 2. The provisions of subsection 1 do not apply to a person 11 who: 12 (a) Registers to vote by mail or computer, or preregisters to 13 vote by mail or computer and is subsequently deemed to be 14 registered to vote, and submits with his or her application to 15 preregister or register to vote: 16 (1) A copy of a current and valid photo identification; or 17 (2) A copy of a current utility bill, bank statement, 18 paycheck or document issued by a governmental entity, including 19 a check which indicates the name and address of the person, but 20 not including a voter registration card; 21 (b) Registers to vote by mail or computer and submits with his 22 or her application to register to vote a driver s license number or 23 at least the last four digits of his or her social security number, if a 24 state or local election official has matched that information with 25 an existing identification record bearing the same number, name 26 and date of birth as provided by the person in the application; 27 (c) Registers to vote pursuant to NRS 293.5732 to 293.5757, 28 inclusive, and at that time presents to the Department of Motor 29 Vehicles: 30 (1) A copy of a current and valid photo identification; 31 (2) A copy of a current utility bill, bank statement, 32 paycheck or document issued by a governmental entity, including 33 a check which indicates the name and address of the person, but 34 not including a voter registration card; or 35 (3) A driver s license number or at least the last four digits 36 of his or her social security number, if a state or local election 37 official has matched that information with an existing 38 identification record bearing the same number, name and date of 39 birth as provided by the person in the application; 40 (d) Is entitled to vote pursuant to the provisions of chapter 41 293D of NRS or the Uniformed and Overseas Citizens Absentee 42 Voting Act, 52 U.S.C. 20301 et seq.; 43 (e) Is provided the right to vote otherwise than in person 1 pursuant to the provisions of the Voting Accessibility for the 2 Elderly and Handicapped Act, 52 U.S.C. 20101 et seq.; or 3 (f) Is entitled to vote otherwise than in person pursuant to the 4 provisions of any other federal law. 5 3. If a person fails to provide the identification required 6 pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with 7 his or her mail ballot: 8 (a) The mail ballot must be treated as a provisional ballot; and 9 (b) The county clerk must: 10 (1) Contact the person; 11 (2) Allow the person to provide the identification required 12 before 5 p.m. on the sixth day following the election; and 13 (3) If the identification required pursuant to paragraph (b) 14 of subsection 1 of NRS 293.2725 is provided, ensure the mail 15 ballot is delivered to the appropriate mail ballot central counting 16 board. 17 Sec. 6. 1. Except as otherwise provided in section 7 of this 18 act and chapter 293D of NRS, in order to vote a mail ballot, the 19 voter must, in accordance with the instructions: 20 (a) Mark and fold the mail ballot; 21 (b) Deposit the mail ballot in the return envelope and seal the 22 return envelope; 23 (c) Affix his or her signature on the return envelope in the 24 space provided for the signature; and 25 (d) Mail or deliver the return envelope in a manner authorized 26 by law. 27 2. Except as otherwise provided in chapter 293D of NRS, 28 voting must be only upon candidates whose names appear upon 29 the mail ballot as prepared pursuant to section 3 of this act, and 30 no person may write in the name of an additional candidate for 31 any office. 32 3. If a mail ballot has been sent to a voter who applies to vote 33 in person at a polling place, including, without limitation, a 34 polling place for early voting, the voter must, in addition to 35 complying with all other requirements for voting in person that 36 are set forth in this chapter, surrender his or her mail ballot or 37 sign an affirmation under penalty of perjury that the voter has not 38 voted during the election. A person who receives a surrendered 39 mail ballot shall mark it Cancelled. 40 Sec. 7. 1. Except as otherwise provided in this section, a 41 person shall not mark and sign a mail ballot on behalf of a voter 42 or assist a voter to mark and sign a mail ballot pursuant to the 43 provisions of sections 3 to 15, inclusive, of this act. 44 2. At the direction of a voter who has a physical disability, is 1 at least 65 years of age or is unable to read or write, a person may 2 mark and sign a mail ballot on behalf of the voter or assist the 3 voter to mark and sign a mail ballot pursuant to this section. 4 3. If a person marks and signs a mail ballot on behalf of a 5 voter pursuant to this section, the person must indicate next to his 6 or her signature that the mail ballot has been marked and signed 7 on behalf of the voter. 8 4. If a person assists a voter to mark and sign a mail ballot 9 pursuant to this section, the person or the voter must include on 10 the return envelope his or her name, address and signature. 11 Sec. 8. 1. Except as otherwise provided in subsection 2 and 12 chapter 293D of NRS, in order for a mail ballot to be counted for 13 any election, the mail ballot must be: 14 (a) Before the time set for closing of the polls, delivered by 15 hand to the county clerk, or any ballot drop box established in the 16 county pursuant to this section; or 17 (b) Mailed to the county clerk, and: 18 (1) Postmarked on or before the day of the election; and 19 (2) Received by the clerk not later than 5 p.m. on the fourth 20 day following the election. 21 2. If a mail ballot is received by mail not later than 5 p.m. on 22 the third day following the election and the date of the postmark 23 cannot be determined, the mail ballot shall be deemed to have 24 been postmarked on or before the day of the election. 25 3. Each county clerk must establish a ballot drop box at every 26 polling place in the county, including, without limitation, a polling 27 place for early voting. A county clerk may establish a ballot drop 28 box at any other location in the county where mail ballots can be 29 delivered by hand and collected during the period for early voting 30 and on election day. No person other than a clerk may establish a 31 drop box for mail ballots. 32 4. A ballot drop box must be: 33 (a) Constructed of metal or any other rigid material of 34 sufficient strength and resistance to protect the security of the mail 35 ballots; and 36 (b) Capable of securely receiving and holding the mail ballots 37 and being locked. 38 5. A ballot drop box must be: 39 (a) Placed in an accessible and convenient location at the 40 office of the county clerk or a polling place in the county; and 41 (b) Made available for use during the hours when the office of 42 the county clerk, or the polling place, is open for business or 43 voting, as applicable. 44 Sec. 9. 1. Except as otherwise provided in subsection 2, at 1 the request of a voter whose mail ballot has been prepared by or 2 on behalf of the voter, a person authorized by the voter may return 3 the mail ballot on behalf of the voter by mail or personal delivery 4 to the county clerk, or any ballot drop box established in the 5 county, pursuant to section 8 of this act. 6 2. Except for an election board officer in the course of the 7 election board officer s official duties, a person shall not willfully: 8 (a) Impede, obstruct, prevent or interfere with the return of a 9 voter s mail ballot; 10 (b) Deny a voter the right to return the voter s mail ballot; or 11 (c) If the person receives the voter s mail ballot and 12 authorization to return the mail ballot on behalf of the voter by 13 mail or personal delivery, fail to return the mail ballot, unless 14 otherwise authorized by the voter, by mail or personal delivery: 15 (1) Before the end of the third day after the day of receipt, 16 if the person receives the mail ballot from the voter four or more 17 days before the day of the election; or 18 (2) Before the deadline established by the United States 19 Postal Service for the mail ballot to be postmarked on the day of 20 the election or before the polls close on the day of the election, as 21 applicable to the type of delivery, if the person receives the mail 22 ballot from the voter three or fewer days before the day of the 23 election. 24 3. A person who violates any provision of subsection 2 is 25 guilty of a category E felony and shall be punished as provided in 26 NRS 193.130. 27 Sec. 10. 1. The county clerk shall establish procedures for 28 the processing and counting of mail ballots. 29 2. The procedures established pursuant to subsection 1: 30 (a) May authorize mail ballots to be processed, verified and 31 counted by computer or other electronic means; and 32 (b) Must not conflict with the provisions of sections 3 to 15, 33 inclusive, of this act. 34 Sec. 11. 1. Except as otherwise provided in NRS 293D.200, 35 when a mail ballot is returned by or on behalf of a voter to the 36 county clerk, and a record of its return is made in the mail ballot 37 record for the election, the clerk or an employee in the office of 38 the clerk shall check the signature used for the mail ballot by 39 electronic means pursuant to subsection 2 or manually pursuant 40 to subsection 3. 41 2. To check the signature used for a mail ballot by electronic 42 means: 43 (a) The electronic device must take a digital image of the 44 signature used for the mail ballot and compare the digital image 45 with the signatures of the voter from his or her application to 1 register to vote or application to preregister to vote available in the 2 records of the county clerk. 3 (b) If the electronic device does not match the signature of the 4 voter, the signature shall be reviewed manually pursuant to the 5 provisions of subsection 3. 6 3. To check the signature used for a mail ballot manually, the 7 county clerk shall use the following procedure: 8 (a) The clerk or employee shall check the signature used for 9 the mail ballot against all signatures of the voter available in the 10 records of the clerk. 11 (b) If at least two employees in the office of the clerk believe 12 there is a reasonable question of fact as to whether the signature 13 used for the mail ballot matches the signature of the voter, the 14 clerk shall contact the voter and ask the voter to confirm whether 15 the signature used for the mail ballot belongs to the voter. 16 4. For purposes of subsection 3: 17 (a) There is a reasonable question of fact as to whether the 18 signature used for the mail ballot matches the signature of the 19 voter if the signature used for the mail ballot differs in multiple, 20 significant and obvious respects from the signatures of the voter 21 available in the records of the clerk. 22 (b) There is not a reasonable question of fact as to whether the 23 signature used for the mail ballot matches the signature of the 24 voter if: 25 (1) The signature used for the mail ballot is a variation of 26 the signature of the voter caused by the substitution of initials for 27 the first or middle name, the substitution of a different type of 28 punctuation in the first, middle or last name, the use of a common 29 nickname or the use of one last name for a person who has two 30 last names and it does not otherwise differ in multiple, significant 31 and obvious respects from the signatures of the voter available in 32 the records of the clerk; or 33 (2) There are only slight dissimilarities between the 34 signature used for the mail ballot and the signatures of the voter 35 available in the records of the clerk. 36 5. Except as otherwise provided in subsection 6, if the clerk 37 determines that the voter is entitled to cast the mail ballot, the 38 clerk shall deposit the mail ballot in the proper ballot box or place 39 the mail ballot, unopened, in a container that must be securely 40 locked or under the control of the clerk at all times. The clerk 41 shall deliver the mail ballots to the mail ballot central counting 42 board to be processed and prepared for counting. 43 6. If the clerk determines when checking the signature used 44 for the mail ballot that the voter failed to affix his or her signature 45 or failed to affix it in the manner required by law for the mail 1 ballot or that there is a reasonable question of fact as to whether 2 the signature used for the mail ballot matches the signature of the 3 voter, but the voter is otherwise entitled to cast the mail ballot, the 4 clerk shall contact the voter and advise the voter of the procedures 5 to provide a signature or a confirmation that the signature used 6 for the mail ballot belongs to the voter, as applicable. For the mail 7 ballot to be counted, the voter must provide a signature or a 8 confirmation, as applicable, not later than 5 p.m. on the sixth day 9 following the election. 10 7. The clerk shall prescribe procedures for a voter who failed 11 to affix his or her signature or failed to affix it in the manner 12 required by law for the mail ballot, or for whom there is a 13 reasonable question of fact as to whether the signature used for 14 the mail ballot matches the signature of the voter, in order to: 15 (a) Contact the voter; 16 (b) Allow the voter to provide a signature or a confirmation 17 that the signature used for the mail ballot belongs to the voter, as 18 applicable; and 19 (c) After a signature or a confirmation is provided, as 20 applicable, ensure the mail ballot is delivered to the mail ballot 21 central counting board. 22 8. If there is a reasonable question of fact as to whether the 23 signature used for the mail ballot matches the signature of the 24 voter, the voter must be identified by: 25 (a) Answering questions from the county clerk covering the 26 personal data which is reported on the application to register to 27 vote; 28 (b) Providing the county clerk, orally or in writing, with other 29 personal data which verifies the identity of the voter; or 30 (c) Providing the county clerk with proof of identification as 31 described in NRS 293.277 other than the voter registration card 32 issued to the voter. 33 9. The procedures established pursuant to subsection 7 for 34 contacting a voter must require the clerk to contact the voter, as 35 soon as possible after receipt of the mail ballot, by: 36 (a) Mail; 37 (b) Telephone, if a telephone number for the voter is available 38 in the records of the clerk; and 39 (c) Electronic means, which may include, without limitation, 40 electronic mail, if the voter has provided the clerk with sufficient 41 information to contact the voter by such means. 42 Sec. 12. 1. The county clerk shall appoint a mail ballot 43 central counting board for the election. 44 2. The clerk shall appoint and notify voters to act as election 1 board officers for the mail ballot central counting board in such 2 numbers as the clerk determines to be required by the volume of 3 mail ballots required to be sent to each active registered voter in 4 the county for the election. The voters appointed as election board 5 officers for the mail ballot central counting board must not all be 6 of the same political party. No candidate for nomination or 7 election or a relative of the candidate within the second degree of 8 consanguinity or affinity may be appointed as such an election 9 board officer. 10 3. The clerk s deputies who perform duties in connection with 11 elections shall be deemed officers of the mail ballot central 12 counting board. 13 4. The mail ballot central counting board is under the 14 direction of the clerk. 15 Sec. 13. 1. The mail ballot central counting board may 16 begin counting the received mail ballots 15 days before the day of 17 the election. The board must complete the count of all mail ballots 18 on or before the seventh day following the election. The counting 19 procedure must be public. 20 2. If two or more mail ballots are found folded together to 21 present the appearance of a single ballot, the mail ballots must be 22 rejected and placed in an envelope, upon which must be written 23 the reason for their rejection. The envelope must be signed by an 24 election board officer and placed in the container or ballot box 25 after the count is completed. 26 Sec. 14. Except as otherwise provided in NRS 293D.200, 27 each mail ballot central counting board shall process the mail 28 ballots in the following manner: 29 1. The name of the voter, as shown on the return envelope, 30 must be checked as if the voter were voting in person; 31 2. An election board officer shall indicate in the roster 32 Received by the name of the voter; 33 3. If the board determines the voter is entitled to cast a mail 34 ballot and all other processing steps have been completed, the 35 return envelope must be opened and the mail ballot counted; 36 4. An election board officer shall indicate Voted by the 37 name of the voter; and 38 5. When all mail ballots delivered to the board have been 39 voted or rejected, except as otherwise provided in NRS 293D.200, 40 the empty envelopes and the envelopes containing rejected mail 41 ballots must be returned to the clerk. On all envelopes containing 42 rejected mail ballots, the cause of rejection must be noted and the 43 envelope signed by an election board officer. 44 Sec. 15. 1. The voting results of the mail ballot vote in each 1 precinct must be certified and submitted to the county clerk, who 2 shall have the results added to the votes of the precinct that were 3 not cast by mail ballot. The returns of the mail ballot vote must be 4 reported separately from the other votes that were not cast by mail 5 ballot in the precinct unless reporting the returns separately would 6 violate the secrecy of a voter s ballot. 7 2. The clerk shall develop a procedure to ensure that each 8 mail ballot is kept secret. 9 3. No voting results of mail ballots may be released until all 10 polling places are closed and all votes have been cast on the day of 11 the election. Any person who disseminates to the public in any way 12 information pertaining to the count of mail ballots before all 13 polling places are closed and all votes have been cast on the day of 14 the election is guilty of a misdemeanor. 15 Sec. 16. At least once each year, each county clerk and all 16 members of his or her staff whose duties include administering an 17 election must complete a training class on forensic signature 18 verification that is approved by the Secretary of State. 19 Sec. 17. If a county clerk uses an electronic device in an 20 election to verify signatures on mail ballots: 21 1. The county clerk must conduct a test of the accuracy of the 22 electronic devices before the election. The test must be conducted 23 in a manner that ensures the electronic device will use the same 24 standards for determining the validity of a signature as would be 25 used by a natural person verifying the signature pursuant to 26 section 11 of this act. 27 2. The county clerk must perform daily audits of each 28 electronic device during the processing of mail ballots for the 29 election. The daily audit must include a review of a sample of at 30 least 1 percent of the signatures verified each day. The county 31 clerk shall appoint election board officers who must not all be of 32 the same political party to manually review the signatures. The 33 county clerk must prepare a report of each daily audit. 34

AI Summary

Committee Categories

Teresa Benitez-Thompson (D)*,  Jason Frierson (D)*, 

Approved by the Governor. Chapter 248. (on 06/02/2021)

Official Document