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A.B. 229
- *AB229*
ASSEMBLY BILL NO. 229–ASSEMBLYMEMBER DELONG
FEBRUARY 6, 2025
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Referred to Committee on Legislative Operations and Elections
SUMMARY—Revises provisions relating to elections.
(BDR 24-37)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to elections; revising certain deadlines relating to
the return of mail ballots ; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, if a mail ballot is returned by mail, the mail ballot must be : 1
(1) postmarked on or before the day of the election; and (2) received by the county 2
or city clerk by 5 p.m. on the fourth day following the election. (NRS 293.269921 , 3
293.269923, 293C.26321, 293C.26323) This bill instead requires mail ballots that 4
are returned by mail to be postmarked on or before the last day of the period for 5
early voting and received by the county or city clerk before the time set for the 6
closing of the polls on the day of the election. 7
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.269921 is hereby amended to read as 1
follows: 2
293.269921 1. Except as otherwise provided in subsection 2 3
and chapter 293D of NRS, in order for a mail ballot to be counted 4
for any election, the mail ballot must be: 5
(a) Before the time set for closing of the polls, delivered by hand 6
to the county clerk, or any ballot drop box established in the county 7
pursuant to this section; or 8
(b) Mailed to the county clerk, and: 9
(1) Postmarked on or befor e the last day of the [election;] 10
period for early voting; and 11
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(2) Received by the clerk [not later than 5 p.m. on ] before 1
the [fourth] time set for closing of the polls on the day [following] 2
of the election. 3
2. If a mail ballot is received by mail [not later than 5 p.m. on] 4
before the [third] time set for closing of the polls on the day 5
[following] of the election and the date of the postmark cannot be 6
determined, the mail ballot shall be deemed to have been 7
postmarked on or before the last day of th e [election.] period for 8
early voting. 9
3. Each county clerk must establish a ballot drop box at every 10
polling place in the county, including, without limitation, a polling 11
place for early voting. A county clerk may establish a ballot drop 12
box at any other location in the county where mail ballots can be 13
delivered by hand and collected during the period for early voting 14
and on election day. No person other than a clerk may establish a 15
drop box for mail ballots. 16
4. A ballot drop box must be: 17
(a) Constructed of metal or any other rigid material of sufficient 18
strength and resistance to protect the security of the mail ballots; and 19
(b) Capable of securely receiving and holding the mail ballots 20
and being locked. 21
5. A ballot drop box must be: 22
(a) Placed in an accessible and convenient location at the office 23
of the county clerk or a polling place in the county; and 24
(b) Made available for use during the hours when the office of 25
the county clerk, or the polling place, is open for business or voting, 26
as applicable. 27
Sec. 2. NRS 293.269923 is hereby amended to read as 28
follows: 29
293.269923 1. Except as otherwise provided in subsection 2, 30
at the request of a voter whose mail ballot has been prepared by or 31
on behalf of the vote r, a person authorized by the voter may return 32
the mail ballot on behalf of the voter by mail or personal delivery to 33
the county clerk, or any ballot drop box established in the county, 34
pursuant to NRS 293.269921. 35
2. Except for an election board officer in the course of the 36
election board officer’s official duties, a person shall not willfully: 37
(a) Impede, obstruct, prevent or interfere with the return of a 38
voter’s mail ballot; 39
(b) Deny a voter the right to return the voter’s mail ballot; or 40
(c) If the person receives the voter’s mail ballot and 41
authorization to return the mail ballot on behalf of the voter by mail 42
or personal delivery, fail to return the mail ballot, unless otherwise 43
authorized by the voter [, by] : 44
(1) By mail [or personal delivery: 45
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(1)] : 1
(I) Before the end of the third day after the day of receipt, 2
if the person receives the mail ballot from the voter four or more 3
days before the last day of the [election;] period for early voting; or 4
[(2)] (II) Before the deadline established by the United States 5
Postal Service for the mail ballot to be postmarked on the last day of 6
the [election or before the polls close on the day of the election, as 7
applicable to the type of delivery, ] period for early voting, if the 8
person receives the mail ballot from the voter three or fewer days 9
before the last day of the [election.] period for early voting; or 10
(2) By personal delivery: 11
(I) Before the end of the third day after the day of 12
receipt, if the person receives the mail ballot from the voter four or 13
more days before the day of the election; or 14
(II) Before the time set for closing of the polls on the 15
day of the election, if the person receives the mail ballot from the 16
voter three or fewer days before the day of the election. 17
3. A person who violates any provision of subsection 2 is 18
guilty of a category E felony and shall be punished as provided in 19
NRS 193.130. 20
Sec. 3. NRS 293C.26321 is hereby amended to read as 21
follows: 22
293C.26321 1. Except as otherwise provided in subsection 2 23
and chapter 293D of NRS, in order for a mail ballot to be counted 24
for any election, the mail ballot must be: 25
(a) Before the time set for closing of the polls, delivered by hand 26
to the city clerk , or any ballot drop box established in the city, 27
pursuant to this section; or 28
(b) Mailed to the city clerk, and: 29
(1) Postmarked on or before the last day of the [election;] 30
period for early voting; and 31
(2) Received by the clerk [not later than 5 p.m. on] before 32
the [fourth] time set for closing of the polls on the day [following] 33
of the election. 34
2. If a mail ballot is received by mail [not later than 5 p.m. on] 35
before the [third] time set for closing of the polls on the day 36
[following] of the election and the date of the postmark cannot be 37
determined, the mail ballot shall be deemed to have been 38
postmarked on or before the last day of the [election.] period for 39
early voting. 40
3. Each city clerk must establish a ballot drop box at every 41
polling plac e in the city, including, without limitation, a polling 42
place for early voting. A city clerk may establish a drop box at any 43
other location in the city where mail ballots can be delivered by 44
hand and collected during the period for early voting and on election 45
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day. No person other than a clerk may establish a drop box for mail 1
ballots. 2
4. A ballot drop box must be: 3
(a) Constructed of metal or any other rigid material of sufficient 4
strength and resistance to protect the security of the mail ballots; and 5
(b) Capable of securely receiving and holding the mail ballots 6
and being locked. 7
5. A ballot drop box must be: 8
(a) Placed in an accessible and convenient location at the office 9
of the city clerk, or a polling place in the city; and 10
(b) Made available f or use during the hours when the office of 11
the city clerk, or the polling place, is open for business or voting, as 12
applicable. 13
Sec. 4. NRS 293C.26323 is hereby amended to read as 14
follows: 15
293C.26323 1. Except as otherwise provided in subsection 2, 16
at the request of a voter whose mail ballot has been prepared by or 17
on behalf of the voter, a person authorized by the voter may return 18
the mail ballot on behalf of the voter by mail or personal delivery to 19
the city clerk, or any ballot drop box established in the city, pursuant 20
to NRS 293C.26321. 21
2. Except for an election board officer in the course of the 22
election board officer’s official duties, a person shall not willfully: 23
(a) Impede, obstruct, prevent or interfer e with the return of a 24
voter’s mail ballot; 25
(b) Deny a voter the right to return the voter’s mail ballot; or 26
(c) If the person receives the voter’s mail ballot and 27
authorization to return the mail ballot on behalf of the voter by mail 28
or personal deliver y, fail to return the mail ballot, unless otherwise 29
authorized by the voter [, by] : 30
(1) By mail [or personal delivery: 31
(1)] : 32
(I) Before the end of the third day after the day of receipt, 33
if the person receives the mail ballot from the voter four or more 34
days before the last day of the [election;] period for early voting; or 35
[(2)] (II) Before the deadline established by the United States 36
Postal Service for the mail ballot to be postmarked on the last day of 37
the [election or before the polls close on the day of the election, as 38
applicable to the type of delivery, ] period for early voting , if the 39
person receives the mail ballot from the voter three or fewer days 40
before the last day of the [election.] period for early voting; or 41
(2) By personal delivery: 42
(I) Before the end of the third day after the day of 43
receipt, if the person receives the mail ballot from the voter four or 44
more days before the day of the election; or 45
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(II) Before the time set for closing of the polls on the 1
day of the election, if the person receives the mail ballot from the 2
voter three or fewer days before the day of the election. 3
3. A person who violates any provision of subsection 2 is 4
guilty of a category E felony and shall be punished as provided in 5
NRS 193.130. 6
Sec. 5. This act becomes effective on July 1, 2025. 7
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