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- 83rd Session (2025)
Assembly Bill No. 306–Assemblymembers
Yeager, Monroe-Moreno and Mosca
Joint Sponsors: Senators Cannizzaro and Ohrenschall
CHAPTER..........
AN ACT relating to elections; requiring a county clerk in certain
counties to establish a certain number of locations for a voter
to return his or her mail ballot in a mail ballot drop box
during the period between the last day for early voting and
the day of a general election; authorizing the county clerk in
certain counties to establish such lo cations; authorizing a
person, under certain circumstances, to return a mail ballot to
a mail ballot drop box established at such a location on behalf
of a voter; requiring mail ballot drop boxes to be monitored
and secured; requiring the Secretary of Stat e to establish
requirements for monitoring and securing mail ballot drop
boxes; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) requires a general election to be held on the first Tuesday after
the first Monday of November in each even -numbered year; and (2) provides that
the period for early voting by personal appearance begins the third Saturday
preceding a general election and extends through the Friday before election day.
(NRS 293.12755, 293.356 8) Existing law further requires each county clerk to
establish: (1) a certain number of polling places where a person can vote during the
period for early voting by personal appearance and on the day of the general
election; and (2) a ballot drop box at e very polling place in the county, including,
without limitation, a polling place for early voting. (NRS 293.269921, 293.2731,
293.3564)
Section 1 of this bill requires each county clerk in certain counties to, for the
period beginning on the day after th e last day for early voting by personal
appearance and ending on the day before the day of the general election, establish a
certain number of locations where a voter may return his or her mail ballot in a mail
ballot drop box and requires such locations t o be open for at least 7 hours each day
during that period for certain counties. Specifically, in a county whose population is
700,000 or more (currently only Clark County), a county clerk is required to
establish 10 such locations, and in a county whose p opulation is 100,000 or more
but less than 700,000 (currently only Washoe County), a county clerk is required to
establish 5 such locations. Section 1 further authorizes a county clerk in a county
whose population is less than 100,000 (currently all counti es other than Clark and
Washoe Counties) to establish any number of such locations and prescribe the
hours for such locations to be open. Section 2 of this bill provides that a mail ballot
dropped in a mail ballot drop box pursuant to section 1 counts as a vote in the
general election. Section 4 of this bill makes a conforming change to make certain
provisions relating to mail ballots generally applicable to section 1.
Existing law requires a ballot drop box to meet certain requirements, including
a requirement for the ballot drop box to be made available for use during the hours
when the office of the county or city clerk or the polling place is open for business
or voting, as applicable. (NRS 293.269921, 293C.26321) Sections 2 and 4.5 of this
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bill require a ballot drop box to be: (1) monitored at all times during such a period;
and (2) secured during any period of time in which the ballot drop box is not
available for use . Sections 2 and 4.5 additionally require the Secretary of State to
adopt regulations to establish requirements for monitoring and securing ballot drop
boxes.
Existing law authorizes, at the request of a voter whose mail ballot has been
prepared by or on behalf of the voter, a person authorized by the voter to return the
mail ballot on beh alf of the voter by mail or personal delivery to the county clerk,
or any ballot drop box established in the county by the county clerk. (NRS
293.269923) Section 3 of this bill additionally authorizes a person, under such
circumstances, to return a mail ba llot on behalf of a voter by returning the mail
ballot to a mail ballot drop box established pursuant to section 1.
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. Chapter 293 of NRS is hereby amended by adding
thereto a new section to read as follows:
For the period beginning on the day after the last day for early
voting by personal appearance and ending on the day before the
day of the general election, each county clerk:
1. In a county whose population is 700,000 or more, shall
establish at least 10 locations where a voter may return his or her
mail ballot in a mail ballot drop box and which must remain open
to the public for at least 7 hours each day;
2. In a county whose population is 100,000 or more bu t less
than 700,000, shall establish at least 5 locations where a voter may
return his or her mail ballot in a mail ballot drop box and which
must remain open to the public for at least 7 hours each day; and
3. In a county whose population is less than 100,000, may
provide any number of locations where a voter may return his or
her mail ballot in a mail ballot drop box and prescribe the hours
that the location is open for voting pursuant to this section.
Sec. 2. NRS 293.269921 is hereby amended to read as
follows:
293.269921 1. Except as otherwise provided in subsection 2
and chapter 293D of NRS, in order for a mail ballot to be counted
for any election, the mail ballot must be:
(a) Before the time set for closing of the polls, delivered by hand
to the county clerk, or any ballot drop box established in the county
pursuant to this section [;] or section 1 of this act; or
(b) Mailed to the county clerk, and:
(1) Postmarked on or before the day of the election; and
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(2) Received by the clerk not later than 5 p.m. on the fourth
day following the election.
2. If a mail ballot is received by mail not later than 5 p.m. on
the third day following the election and the date of the postmark
cannot be determined, the mail ballot shall be deemed to have been
postmarked on or before the day of the election.
3. Each county clerk must establish a ballot drop box at every
polling place in the county, including, without limitation, a polling
place for early voting. A county clerk may establish a ballot drop
box at any other location in the county where mail ballots can be
delivered by hand and collected during the period for early voting
and on election day. No person other than a cler k may establish a
drop box for mail ballots.
4. A ballot drop box must be:
(a) Constructed of metal or any other rigid material of sufficient
strength and resistance to protect the security of the mail ballots; and
(b) Capable of securely receiving and holding the mail ballots
and being locked.
5. A ballot drop box must be:
(a) Placed in an accessible and convenient location at the office
of the county clerk or a polling place in the county; [and]
(b) Made available for use and monitored at all times during the
hours when the office of the county clerk, or the polling place, is
open for business or voting, as applicable [.] ; and
(c) Secured during any period of time in which the ballot drop
box is not made available for use pursuant to paragraph (b).
6. The Secretary of State shall adopt regulations to establish
requirements for monitoring and securing ballot drop boxes
pursuant to this section.
Sec. 3. NRS 293.269923 is hereby amended to read as
follows:
293.269923 1. Except as otherwise provided in subsection 2,
at the request of a voter whose mail ballot has been prepared by or
on behalf of the voter, a person authorized by the voter may return
the mail ballot on behalf of the voter by mail or personal delivery to
the county clerk, or any ballot drop box established in the county,
pursuant to NRS 293.269921 [.] or section 1 of this act.
2. Except for an election board officer in the course of the
election board officer’s official duties, a person shall not willfully:
(a) Impede, obstruct, prevent or interfere with the return of a
voter’s mail ballot;
(b) Deny a voter the right to return the voter’s mail ballot; or
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(c) If the person receives the voter’s mail ballot and
authorization to return the mail ballot on behalf of the voter by mail
or personal delivery, fail to return the mail ballot, unless otherwise
authorized by the voter, by mail or personal delivery:
(1) Before the end of the third day after the day of receipt, if
the person receives the mail ballot from the voter four or more days
before the day of the election; or
(2) Before the deadline established by the United States
Postal Service for the mail ballot to be postmarked on the day of the
election or before the polls close on the day of the election, as
applicable to the type of delivery, if the person receives the mail
ballot from the voter three or fewer days before the day of the
election.
3. A person who violates any provision of subsection 2 is
guilty of a category E felony and shall be punished as provided in
NRS 193.130.
Sec. 4. NRS 293.269925 is hereby amended to read as
follows:
293.269925 1. The county clerk shall establish procedures
for the processing and counting of mail ballots.
2. The procedures established pursuant to subsection 1:
(a) May authorize mail ballots to be processed, verified and
counted by computer or other electronic means; and
(b) Must not conflict with the provisions of NRS 293.269911 to
293.269937, inclusive [.] , and section 1 of this act.
Sec. 4.5. NRS 293C.26321 is hereby amended to read as
follows:
293C.26321 1. Except as otherwise provided in subsection 2
and chapter 293D of NRS, in order for a mail ballot to be counted
for any election, the mail ballot must be:
(a) Before the time set for closing of the polls, delivered by hand
to the city clerk, or any ballot drop box established in the city,
pursuant to this section; or
(b) Mailed to the city clerk, and:
(1) Postmarked on or before the day of the election; and
(2) Received by the clerk not later than 5 p.m. on the fourth
day following the election.
2. If a mail ballot is received by mail not later than 5 p.m. on
the third day following the election and t he date of the postmark
cannot be determined, the mail ballot shall be deemed to have been
postmarked on or before the day of the election.
3. Each city clerk must establish a ballot drop box at every
polling place in the city, including, without limitat ion, a polling
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place for early voting. A city clerk may establish a drop box at any
other location in the city where mail ballots can be delivered by
hand and collected during the period for early voting and on election
day. No person other than a clerk ma y establish a drop box for mail
ballots.
4. A ballot drop box must be:
(a) Constructed of metal or any other rigid material of sufficient
strength and resistance to protect the security of the mail ballots; and
(b) Capable of securely receiving and hol ding the mail ballots
and being locked.
5. A ballot drop box must be:
(a) Placed in an accessible and convenient location at the office
of the city clerk, or a polling place in the city; [and]
(b) Made available for use and monitored at all times during the
hours when the office of the city clerk, or the polling place, is open
for business or voting, as applicable [.] ; and
(c) Secured during any period of time in which the ballot drop
box is not made available for use pursuant to paragraph (b).
6. The Secretary of State shall adopt regulations to establish
requirements for monitoring and securing ballot drop boxes
pursuant to this section.
Sec. 5. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
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