Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 499–Assemblymember Yeager
CHAPTER..........
AN ACT relating to elections; requiring, with certain exceptions, a
registered voter show photo identification to vote in person;
requiring the Department of Motor Vehicles, under certain
circumstances, to issue identification cards at no charge;
requiring the Secretary of State to iss ue digital identification
cards; requiring a county clerk in certain counties to establish
a certain number of locations for a voter to return his or her
mail ballot to a mail ballot drop box during the period
between the last day for early voting and the day before the
date of the general election; authorizing a county clerk in
certain counties to establish such locations; 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 the Secretary of State to establish and
maintain a voter services portal on the Internet website of the
Office of the Secretary of State; requiring the county clerk to
include certain information relating to the voter services
portal on any communication to a registered voter ; requiring
the Department of Motor Vehicles to submit electronically to
the Secretary of State certain information relating to each
person who has a driver’s license or identification card issued
by the Department; requiring the Secretary of State to include
certain information received from the Department in the
centralized, top -down database that is established by the
Secretary of State for purposes of creating the statewide voter
registration list; requir ing certain information to be included
on the return envelope for a mail ballot; revising provisions
relating to curing mail ballots; requiring mail ballot drop
boxes to be monitored and secured; providing that certain
information on the statewide voter re gistration list relating to
a voter is confidential and not a public record; making
various other changes relating to elections; making
appropriations; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law requires, under certain circumstances, a person to provide certain
information to vote in person, which may include depending on the circumstances,
the voter’s signature, proof of residency and identify, answering questions covering
the voter’ s personal data or providing additional personal data. (NRS 293.2725,
293.277, 293.285, 293.303, 293.3081, 293.3082, 293.3085, 293.3585, 293.541,
293C.270, 293C.275, 293C.292, 293C.3035, 293C.3585) Section 1.4 of this bill
requires that, in order to vote in person in any election, a registered voter verify his
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or her identity by presenting certain forms of photo identification. If a registered
voter does not have a form of photo identification, section 1.4 authorizes the
registered voter to cast a provision al ballot. Sections 5.28-5.32 of this bill require
such a voter to provide photo identification not later than 5 p.m. on the Friday
following election day in order for such a provisional ballot to be counted.
Sections 5.14 -5.24 and 9.12 -9.2 of this bill m ake conforming changes to the
requirement that voters present photo identification to vote in person , including
eliminating existing requirements for the signatures of voters to be verified for in
person voting.
Sections 5.26 and 9.22 of this bill apply t he requirement for voters to show
photo identification to voting at polling places established as vote centers.
Sections 5.34, 5.36, 9.24 and 9.26 of this bill apply the requirement for voters
to show photo identification to the period for early voting.
Section 1.6 of this bill requires the Department of Motor Vehicles to issue an
identification card at no charge to certain registered voters who are experiencing a
financial hardship.
Section 1.8 of this bill requires the Secretary of State to issue a dig ital
identification card at no charge to a registered voter. Section 9.5 provides that the
Secretary of State is not required to issue such digital identification cards until
January 1, 2028.
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, 293.3568) 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 every polling place in the county, including a
polling place for early voting. (NRS 293.269921, 293.2731, 293.3564) Section 1.84
of this bill : (1) requires each county clerk in certain counties to, for the period
beginning on the da y after the 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 (2) requires such locations to be open for at least 7 hours each day, but not
more than 12 hours each day , during that period. Specifically, in a county whose
population is 700,000 or more (currently only Clark County), a county is required
to establish 10 such locations, and in a county whose population 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 1.84 further authorizes a county clerk in a
county whose population is less than 100,000 (currently all counties other than
Clark and Washoe Counties) to establish any number of such locations and
prescribe the hours for such locations to be open. Each location that is established
by a county clerk pursuant to section 1.84 must be at a polling place that is used for
early voting by personal appearance or a polling place for voting in person on the
day of the election.
Section 4.6 of this bill provides that a mail ballot dropped in a mail ballot drop
box pursuant to section 1.84 counts as a vote in the general election. Section 4.8 of
this bill makes a conforming change to make certain provisions relating to mail
ballots generally applicable to section 1.84.
Existing law requires a ballot drop box to meet certain requirements, in cluding
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 4.6 and 8.7 of
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this 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 4.6 and 8.7 additionally require the Secretary of
State t o 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 t he
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 by the county clerk. (NRS
293.269923) Section 4.7 of this bill additionally authorizes a person, under such
circumstances, to return a mail ballot on behalf of a voter by returning the mail
ballot to a mail ballot drop box established pursuant to section 1.84.
Section 2 of this bill requires the Secretary of State to establish and maintain a
voter services portal on the I nternet website of the Office of the Secretary of State,
which must allow any registered voter in the State to: (1) review his or her voter
registration information; (2) print any form necessary to update his or her voter
registration information; (3) view his or her sample ballot; and (4) obtain the
location of any polling place where the registered voter may v ote or deliver a mail
ballot to a ballot drop box. Section 2 further requires the county clerk to include on
any communication to a registered voter a two-dimensional barcode, commonly
known as a QR code, or another machine -readable code used for storing t he
Internet address for the voter services portal created by the Secretary of State.
Existing law requires, with certain exceptions, the county or city clerk to send
to each active registered voter certain information relating to voting by mail,
including a mail ballot , a return envelope and instructions. (NRS 293.269913,
293C.26312) Sections 4 and 8 of this bill require the return envelope for a mail
ballot to include: (1) a space for the voter to write certain identifying information;
and (2) a QR code o r other machine -readable code that directs a voter to the voter
services portal on the Internet website of the Office of the Secretary of State.
Sections 4 and 8 also require the instructions include: (1) an explanation that the
voter must write on the return envelope an identifying number; and (2) the QR code
or other machine-readable code that directs a voter to the voter services portal.
Existing law requires the Secretary of State to prescribe the form of all
envelopes in which mail ballots are sent to voters and return envelopes. (NRS
293.269913, 293C.26312) Sections 4 and 8 require that the design of all envelopes
used by the county or city clerk to send mail ballots to registered voters and return
envelopes must be submitted to and approved by the Se cretary of State prior to use
in any election.
Existing law requires: (1) the Secretary of State to establish and maintain a
centralized, top -down database that collects and stores information relating to the
preregistration of persons and the registratio n of electors from all the counties in
this State; and (2) each county clerk to use the database to collect and maintain all
records of preregistration and registration to vote. Under existing law, the Secretary
of State is required to: (1) use the voter r egistration information collected in the
database to create the official statewide voter registration list, which serves as the
single method for storing and managing the official list of registered voters in this
State; and (2) enter into a cooperative ag reement with the Department of Motor
Vehicles to match information in the database of the statewide voter registration list
with information in the appropriate database of the Department to verify the
accuracy of the information in an application to register to vote. (NRS 293.675)
Section 3 of this bill requires the Department of Motor Vehicles, on a regular
basis, to submit electronically to the Secretary of State certain information relating
to each person who has a driver’s license or identification card issued by the
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Department. Section 3 further requires the Secretary of State to: (1) match such
information to registered voters ; (2) electronically enter into the centralized, top -
down database such information for each registered voter as soon as practicable
after matching the information to registered voters; (3) identify any person who is a
registered voter and does not possess a driver’s license or identificati on card; and
(4) indicate in the database whether each registered voter possesses a driver’s
license or identification card issued by the Department. Section 7 of this bill
requires the information submitted to the Secretary of State by the Department to be
included on the statewide voter registration list.
Existing law provides that certain information relating to a registered voter is
confidential and not a public record. (NRS 293.558) Section 6 of this bill provides
that the information submitted to the Secretary of State by the Department pursuant
to section 3 is also confidential and not a public record.
Existing law requires a voter who votes by mail to affix his or her signature in
the space provided on the return envelope of a mail ballot and the c ounty clerk or
city clerk to check the signature to verify the identity of the voter. (NRS
293.269917, 293.269927, 293C.26316, 293C.26327) Sections 4.5 and 8.5 of this
bill require that a voter who votes by mail ballot to also write on the return
envelope: (1) the last four digits of his voter’s driver’s license issued by the
Department of Motor Vehicles; (2) if the voter does not possess a driver’s license
issued by the Department of Motor Vehicles, the last four digits of the voter’s
social security number; or (3) if the voter does not possess a driver’s license issued
by the Department of Motor Vehicles or a social security number, the voter
identification number of the voter.
Existing law provides that if the county clerk or city clerk determines when
checking the signature used for the mail ballot that the voter failed to affix his or
her signature or failed to affix it in the manner required by law or that there is a
reasonable question of fact as to whether the signature used for the mail ballot
matches the signature of the voter, the clerk is required to contact the voter and
advise the voter of the procedures to provide a signature or a confirmation, as
applicable. For the mail ballot to be counted, the voter must provide a signature or a
confirmation, as applicable, not later than 5 p.m. on the sixth day following the
election. (NRS 293.269927, 293C.26327) Sections 5 and 9 of this bill make
various changes to the curing process for mail ballots. First, sections 5 and 9
provide that the clerk is required to check the return envelope to determine whether
the voter included on the return envelope his or her signature and the identifying
number that is required pursuant to section 4.5 or 8.5 , as applicable. If the return
envelope does not include a signature and identifying number, the clerk is required
to contact the voter. If the return envelope includes a signature and identifying
number, the clerk is required to check the voter’s signature. If the signature
is verified, the voter is entitled to ca st the mail ballot and the identifying number is
not required to be verified. If the voter’s signature cannot be verified, the clerk is
required to check the identifying number included on the return envelope. If the
clerk verifies the identifying number, the voter is entitled to cast the mail ballot. If
the clerk is able to verify neither the signature nor the identifying number, the clerk
is required to contact the voter . Further, sections 5 and 9 require that: (1) with
certain exception, the county clerk and city clerk ensure that employees are
available by telephone until at least 7 p.m. on evenings and weekends during the
curing period; and (2) any voicemail message or hold message used by the office of
the clerk provides instructions on how a voter may provide a signature , an
identifying number or a confirmation. Finally, sections 5 and 9 authorize a voter to
confirm his or her signature or identifying number on the return envelope by
electronic mail or text message.
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Sections 5.38 and 9.28 of this bill revise the standards for counting votes in an
election in which a mechanical voting system is used.
Section 9.6 of this bill provides that the requirement that a registered voter
verify his or her identify by presenting a form of photo identification to vote in
person and the requirement that a registered voter include an identifying number on
a mail ballot: (1) do not apply to any election held before the 2026 primary
election; and (2) apply to the 2026 primary election and every election held
thereafter.
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 the provisions set forth as sections 1.2 to 3, inclusive, of this
act.
Sec. 1.2. “Photo identification” means any of the forms of
identification described in section 1.4 of this act.
Sec. 1.4. 1. Except as otherwise provided in subsection 2, in
order to vote in person in any election , a registered voter must
verify his or her identity by presenting one of the following forms
of photo identification which is current or expired for less than 4
years or, if the registered voter is 70 years of age or older, current
or expired for any length of time:
(a) A driver’s license or identification card issued by the
Department of Motor Vehicles;
(b) An identification card issued by:
(1) This State or another state, the District of Co lumbia or
any territory of the United States;
(2) The United States Government;
(3) A college or university within the Nevada System of
Higher Education;
(4) A public secondary school; or
(5) A public technical school in this State;
(c) An employee identification card issued by:
(1) The State of Nevada, including, without limitation, any
office, department, division, board, commission or agency of the
Executive Branch, Legislative Branch or Judicial Branch of State
Government;
(2) Any local government, as defined in NRS 354.474; or
(3) The United States Government;
(d) A passport issued by the United States Government;
(e) A military identification card issued by any branch of the
Armed Forces of the United States;
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(f) An identificat ion card issued by a federally recognized
Indian tribe;
(g) A permit to carry a concealed firearm issued pursuant to
the provisions of NRS 202.3653 to 202.369, inclusive; or
(h) A digital identification card issued by the Secretary of State
pursuant to section 1.8 of this act.
2. If a registered voter applies to vote in person and does not
have a photo identification described in subsection 1, the
registered voter may cast a provisional ballot pursuant to 293.3078
to 293.3086, inclusive.
3. The provisions of this section apply to voting in person at
any polling place during the period of early voting and on the day
of any election.
Sec. 1.6. 1. The Department of Motor Vehicles shall issue
an identification card at no charge to a person who:
(a) Is a registered voter of this State;
(b) Does not possess a form of photo identification described in
section 1.4 of this act;
(c) Attests that he or she is experiencing a financial hardship;
and
(d) Submits an application to the Department pursuant to
NRS 483.850.
2. The Department of Motor Vehicles shall not require a
person to submit proof of financial hardship.
Sec. 1.8. 1. The Secretary of State shall issue at no charge
a digital identification card to a registered voter upon request.
2. The Secretary of State shall establish by regulation the
requirements for a registered voter to apply for and receive a
digital identification card.
3. For purposes of issuing a digital identification card, the
Secretary of State may request the Department of Motor Vehicles
to provide any information relating to a registered voter who has a
driver’s license or identification card issued by the Department.
Upon receiving any such request, the Department shall provide
such information to the Secretary of State . The Department shall
not submit any information to the Secretary of State relating to
any person who has a driver authorization card issued by the
Department pursuant to NRS 483.291.
Sec. 1.84. 1. 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:
(a) In a county whose population is 700,000 or more, shall
establish at least 10 locations where a voter may return his or her
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mail ballot in a mail ballot drop box and which must remain open
to the public for at least 7 hours each day but not more than 12
hours each day;
(b) In a county whose population is 100,000 or more but less
than 700,000, shall establish at least five 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
but not more than 12 hours each day; and
(c) 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.
2. Each location that is established by a county clerk
pursuant to subsection 1 must be at a polling place that is used for
early voting by personal appearance or a polling place for voting
in person on the day of the election.
Sec. 2. 1. The Secretary of State shall establish and
maintain a voter services portal on the In ternet website of the
Office of the Secretary of State.
2. The voter services portal must, without limitation, allow
any registered voter in the State to:
(a) Review his or her voter registration information, including,
without limitation, his or her voter identification number;
(b) Print any form necessary to update his or her voter
registration information;
(c) View his or her sample ballot; and
(d) Obtain the location of any polling place where the
registered voter may vote or deliver a mail ball ot into a ballot drop
box.
3. The county clerk shall include on any communication to a
registered voter a two-dimensional barcode, commonly known as a
QR code, or another machine -readable code used for storing the
Internet address for the voter services portal created by the
Secretary of State pursuant to this section.
Sec. 3. 1. Except as otherwise provided in subsection 2, the
Department of Motor Vehicles shall, on a regular basis, submit
electronically to the Secretary of State the following information
relating to each person who has a driver’s license or identification
card issued by the Department:
(a) Name;
(b) Date of birth;
(c) Last four digits of the person’s social security number;
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(d) Driver’s license number or identification card number, as
applicable;
(e) Sex;
(f) Physical address;
(g) Mailing address;
(h) Citizenship status;
(i) Telephone number;
(j) Electronic mail address; and
(k) Veteran status.
2. The Department of Motor Vehicles shall not submit any
information to the Secretary of State pursuant to subsection 1
relating to any person who has a driver authorization card issued
by the Department pursuant to NRS 483.291.
3. The Secretary of State shall:
(a) Match the information received from the Department of
Motor Vehicles pursuant to subsection 1 to registered voters in the
centralized, top -down database established pursuant to
NRS 293.675;
(b) Electronically enter the information received from the
Department pursuant to subsection 1 into the centralized, top -
down database established pursuant to NRS 293.675 for each
registered voter as soon as practicable after matching the
information to registered voters;
(c) Identify, based on the information received pursuant to
subsection 1, any person who:
(1) Is a registered voter; and
(2) Does not possess a driver’s license or identification card
issued by the Department; and
(d) Indicate in the centralized, top -down database established
pursuant to NRS 293.675 whether the registered voter has a
driver’s license or identification card issued by the Department.
Sec. 3.5. NRS 293.010 is hereby amended to read as follows:
293.010 As used in this title, unless the context otherwise
requires, the words and terms defined in NRS 293.016 to 293.121,
inclusive, and section 1.2 of this act, have the meanings ascribed to
them in those sections.
Sec. 4. NRS 293.269913 is hereby amended to read as
follows:
293.269913 1. Except as otherwise provided in subsection 2,
NRS 293.269911 and chapter 293D of NRS, the county clerk shall
send to each active registered voter by first -class mail, or by any
class of mail if the Official Election Mail logo or an equivalent logo
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or mark created by the United States Postal Service is properly
placed:
(a) A mail ballot;
(b) A return envelope [;] , which must include, without
limitation:
(1) A space for the voter to write:
(I) The last four digits of the voter’s driver’s license
issued by the Department of Motor Vehicles;
(II) If the voter does not possess a driver’s license issued
by the Department of Motor Vehicles, the last four digits of the
voter’s social security number; or
(III) If the voter does not possess a driver’s license
issued by the Department of Motor Vehicles or a social security
number, the voter identification number of the voter; and
(2) A two-dimensional barcode, commonly known as a QR
code, or another machine -readable code used for storing the
Internet address for the voter services portal created by the
Secretary of State pursuant to section 2 of this act;
(c) An envelope or sleeve into which the mail ballot is inserted
to ensure its secrecy; and
(d) Instructions [.] that include, without limitation:
(1) An explanation that the voter must write on the return
envelope the identifying number required pursuant to NRS
293.269917; and
(2) A two-dimensional barcode, commonly known as a QR
code, or another machine -readable code used for storing the
Internet address for the voter services portal on the Internet
website of the Secretary of State.
2. In sending a mail ballot to an active registered voter, the
county clerk shall use an envelope that may not be forwarded to an
address of the voter that is different from the address to which the
mail ballot is mailed.
3. The retur n envelope must include postage prepaid by first -
class mail if the active registered voter is within the boundaries of
the United States, its territories or possessions or on a military base.
4. Before sending a mail ballot to an active registered voter, the
county clerk shall record:
(a) The date the mail ballot is issued;
(b) The name of the voter to whom the mail ballot is issued, his
or her precinct or district and his or her political affiliation, if any,
unless all the offices on the mail ballot are nonpartisan offices;
(c) The number of the mail ballot; and
(d) Any remarks the county clerk finds appropriate.
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5. The Secretary of State shall prescribe:
(a) The form of all envelopes in which mail ballots are sent to
voters and return envelopes, which must, except as otherwise
provided in paragraph (b), be uniform throughout the State; and
(b) A method for distinguishing the return envelopes of each
county which must be prominently displayed on the outside of the
return envelope.
6. The design of all envelopes used by the county clerk to
send mail ballots to registered voters and return envelopes must be
submitted to and approved by the Secretary of State prior to use in
any election.
Sec. 4.5. NRS 293.269917 is hereby amended to read as
follows:
293.269917 1. Except as otherwise provided in NRS
293.269919 and chapter 293D of NRS, in order to vote a mail ballot,
the voter must, in accordance with the instructions:
(a) Mark and fold the mail ballot;
(b) Deposit the mail ballot in the r eturn envelope and seal the
return envelope;
(c) Affix his or her signature on the return envelope in the space
provided for the signature; [and]
(d) Write in the space provided on the return envelope:
(1) The last four digits of the voter’s driver’s license issued
by the Department of Motor Vehicles;
(2) If the voter does not possess a driver’s license issued by
the Department of Motor Vehicles, the last four digits of the
voter’s social security number; or
(3) If the voter does not possess a driver’s license issued by
the Department of Motor Vehicles or a social security number, the
voter identification number of the voter; and
(e) Mail or deliver the return envelope in a manner authorized
by law.
2. Except as otherwise provided in chapter 293D of NRS,
voting must be only upon candidates whose names appear upon the
mail ballot as prepared pursuant to NRS 293.269911, and no person
may write in the name of an additional candidate for any office.
3. If a mail ballot has been sent to a voter who a pplies to vote
in person at a polling place, including, without limitation, a polling
place for early voting, the voter must, in addition to complying with
all other requirements for voting in person that are set forth in this
chapter, surrender his or her mail ballot or sign an affirmation under
penalty of perjury that the voter has not voted during the election. A
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person who receives a surrendered mail ballot shall mark it
“Cancelled.”
Sec. 4.6. 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 1.84 of this act; or
(b) Mailed to the county 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 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 oth er 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 clerk 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 moni toring and securing ballot drop boxes
pursuant to this section.
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Sec. 4.7. 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 1.84 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
(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 fe wer 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. 4.8. 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 1.84 of this act.
Sec. 5. NRS 293.269927 is hereby amended to read as
follows:
293.269927 1. Except as otherwise provided in NRS
293D.200, when a mail ballot is returned by or on behalf of a voter
to the county clerk, and a record of its return is made in the mail
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ballot record for the election, the clerk or an employee in the office
of the cl erk shall check the return envelope to determine whether
the voter included on the return envelope his or her signature and
the identifying number required pursuant to NRS 293.269917.
If the return envelope does not include a signature and identifying
number, the clerk shall contact the voter pursuant to subsection 6.
If the return envelope includes a signature and identifying
number, the clerk shall check the voter’s signature [signature used
for the mail ballot ] by electronic means pursuant to subsection 2 or
manually pursuant to subsection 3. If the voter’s signature is
verified, the voter is entitled to cast the mail ballot and the
identifying number is not required to be verified. If the voter’s
signature cannot be verified, the clerk shall check the identifying
number included on the return envelope. If the clerk verifies the
identifying number, the voter is entitled to cast the mail ballot . If
the clerk is able to verify neither the signature nor the identifying
number, the clerk shall contact the voter pursuant to subsection 6.
2. To check the signature used for a mail ballot by electronic
means:
(a) The electronic device must take a digital image of the
signature used for the mail ballot and compare the digital image
with the signatures of the voter from his or her application to
register to vote or application to preregister to vote available in the
records of the county clerk.
(b) If the electronic device does not match the signature of the
voter, the signature shall be reviewed manually pursuant to the
provisions of subsection 3.
3. To check the signature used for a mail ballot manually, the
county clerk shall use the following procedure:
(a) The clerk or employee shall check the signature used for the
mail ballot against all signatures of the voter available in the records
of the clerk.
(b) If at least two employees in the office of the clerk believe
there is a reasonable question of fact as to whether the signature
used for the mail ballot matche s the signature of the voter, the clerk
shall contact the voter and ask the voter to confirm whether the
signature used for the mail ballot belongs to the voter.
4. For purposes of subsection 3:
(a) There is a reasonable question of fact as to whether t he
signature used for the mail ballot matches the signature of the voter
if the signature used for the mail ballot differs in multiple,
significant and obvious respects from the signatures of the voter
available in the records of the clerk.
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(b) There is n ot a reasonable question of fact as to whether the
signature used for the mail ballot matches the signature of the voter
if:
(1) The signature used for the mail ballot is a variation of the
signature of the voter caused by the substitution of initials fo r the
first or middle name, the substitution of a different type of
punctuation in the first, middle or last name, the use of a common
nickname or the use of one last name for a person who has two last
names and it does not otherwise differ in multiple, si gnificant and
obvious respects from the signatures of the voter available in the
records of the clerk; or
(2) There are only slight dissimilarities between the signature
used for the mail ballot and the signatures of the voter available in
the records of the clerk.
5. Except as otherwise provided in subsection 6, if the clerk
determines that the voter is entitled to cast the mail ballot, the clerk
shall deposit the mail ballot in the proper ballot box or place the
mail ballot, unopened, in a container that must be securely locked or
under the control of the clerk at all times. The clerk shall deliver the
mail ballots to the mail ballot central counting board to be processed
and prepared for counting.
6. If the clerk determines when checking the [signature used]
return envelope for the mail ballot that the voter failed to affix his
or her signature [or] and identifying number, failed to affix [it] the
signature and identifying number in the manner required by law
for the mail ballot , or [that there is a reasonable question of fact as
to whether the signature used for the mail ballot matches the
signature of the voter, ] the clerk is not able to verify the signature
or identifying number but the voter is otherwise entitled to cast the
mail ballot, the clerk shall contact the voter and advise the voter of
the procedures to provide a signature or an identifying number, or a
confirmation that the signature or identifying number used for the
mail ballot belongs to the voter, as applicable. For the mail ba llot to
be counted, the voter must provide a signature , an identifying
number or a confirmation, as applicable, not later than 5 p.m. on the
sixth day following the election. Except as otherwise provided in
this subsection, during the period in which mail ballots may be
cured, the clerk shall ensure that employees in the office of the
clerk are available by telephone until at least 7 p.m. on evenings
and weekends. If no mail ballot needs to be cured, the clerk is not
required to have any employee available by telephone after 5 p.m.
Any voicemail message or hold message used by the office of the
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clerk must provide instructions on how a voter may provide a
signature, an identifying number or a confirmation, as applicable.
7. The clerk shall prescribe procedures for a voter who failed to
affix his or her signature and identifying number or failed to affix
[it] the signature and identifying number in the manner required by
law for the mail ballot, or for whom [there is a reasonable question
of fact as to whether the signature used for the mail ballot matches
the signature of the voter, ] the signature or identifying number
cannot be verified, in order to:
(a) Contact the voter;
(b) Allow the voter to provide a signature , an identifying
number or a confirmation [that the signature used for the mail ballot
belongs to the voter,] , as applicable; and
(c) After a signature , an identifying number or a confirmation
is provided, as applicable, ensure the mail ballot is delivered to the
mail ballot central counting board.
8. If there is a reasonable question of fact as to whether the
signature used for the mail ballot matches the signature of the voter,
the voter must be identified by:
(a) Answering questions from the county clerk covering the
personal data which is reported on the application to register to vote;
(b) Providing the county clerk, orally or in writing, including,
without limitation, in writing by electronic mail or text message,
with other personal data which verifies the identity of the voter; or
(c) Providing the county clerk with [proof of identification as
described in NRS 293.277 other than the voter registration card
issued to the voter.] photo identification.
9. The procedures established pursuant to subsection 7 for
contacting a voter must require the clerk to contact the voter, as
soon as possible after receipt of the mail ballot, by:
(a) Mail;
(b) Telephone, if a telephone number for the voter is available in
the records of the clerk; and
(c) Electronic means, which [may] must include, without
limitation [, electronic] :
(1) Electronic mail, if the voter has provided the clerk with
[sufficient information to contact the voter by such means. ] an
electronic mail address; or
(2) Text message, if the voter has provided the clerk with a
cellular telephone number.
10. A county clerk in a county whose population is less than
100,000 may enter into an agreement with the S ecretary of State
for the Secretary of State to , on behalf of the clerk, contact and
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receive information from voters by text message, as required
pursuant to this section.
Sec. 5.12. NRS 293.2725 is hereby amended to read as
follows:
293.2725 1. Except as otherwise provided in subsection 2, in
NRS 293.3081, 293.3083 and 293.5772 to 293.5887, inclusive, and
in federal law, in addition to any other requirement to vote, a
person who registers to vote by mail or computer or is registered to
vote by an automatic voter registration agency, or a person who
preregisters to vote by mail or computer and is subsequently deemed
to be registered to vote, and who has not previously voted in an
election for federal office in this State:
(a) May vote at a polling place only if the person presents to the
election board officer at the polling place:
(1) A current and valid photo identification of the person,
which shows his or her physical address; or
(2) A copy of a current utility bill, bank statement, paycheck,
or document issued by a governmental entity, including a check
which indicates the name and address of the person, but not
including a voter registration card; and
(b) May vote by mail only if the person provides to the county
or city clerk:
(1) A copy of a current and valid photo identification of the
person, which shows his or her physical address; or
(2) A copy of a current utility bill, bank statement, paycheck,
or document issued by a governmental entity, including a check
which indicates the n ame and address of the person, but not
including a voter registration card.
If there is a question as to the physical address of the person, the
election board officer or clerk may request additional information.
2. The provisions of subsection 1 do not apply to a person who:
(a) Registers to vote by mail or computer, or preregisters to vote
by mail or computer and is subsequently deemed to be registered to
vote, and submits with an application to preregister or register to
vote:
(1) A copy of a current and valid photo identification; or
(2) A copy of a current utility bill, bank statement, paycheck,
or document issued by a governmental entity, including a check
which indicates the name and address of the person, but not
including a voter registration card;
(b) Except as otherwise provided in subsection 3, registers to
vote by mail or computer and submits with an application to register
to vote a driver’s license number or at least the last four digits of his
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or her social security number, if a state or local election official has
matched that information with an existing identification record
bearing the same number, name and date of birth as provided by the
person in the application;
(c) Registers to vote pursuant to NRS 293.5768 to 293.57699 ,
inclusive, and at that time presents to the automatic voter
registration agency:
(1) A copy of a current and valid photo identification;
(2) A copy of a current utility bill, bank statement, paycheck
or document issued by a governmental entity, including a check
which indicates the name and address of the person, but not
including a voter registration card; or
(3) A driver’s license number or at least the last four digits of
his or her social security number, if a state or local election offici al
has matched that information with an existing identification record
bearing the same number, name and date of birth as provided by the
person in the application;
(d) Is entitled to vote an absent ballot pursuant to the Uniformed
and Overseas Citizens A bsentee Voting Act, 52 U.S.C. §§ 20301 et
seq.;
(e) Is provided the right to vote otherwise than in person under
the Voting Accessibility for the Elderly and Handicapped Act, 52
U.S.C. §§ 20101 et seq.; or
(f) Is entitled to vote otherwise than in person under any other
federal law.
3. The provisions of subsection 1 apply to a person described
in paragraph (b) of subsection 2 if the voter registration card issued
to the person is mailed by the county clerk to the person and
returned to the county clerk by the United States Postal Service.
Sec. 5.14. NRS 293.277 is hereby amended to read as follows:
293.277 1. Except as otherwise provided in NRS 293.283,
293.541, 293.57691 and 293.5772 to 293.5887, inclusive, if a
person’s name appears in the roster or if the person provides an
affirmation pursuant to NRS 293.525, the person is entitled to vote
and must [sign] :
(a) Present photo identification; and
(b) Sign his or her name in the roster or on a signature card
when he or she applies to vote. [The signature must be compared by
an election board officer with the signature or a facsimile thereof on
the person’s ap plication to register to vote or one of the forms of
identification listed in subsection 2.]
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2. [Except as otherwise provided in NRS 293.2725, the forms
of identification which may be used individually to identify a voter
at the polling place are:
(a) The voter registration card issued to the voter;
(b) A driver’s license;
(c) An identification card issued by the Department of Motor
Vehicles;
(d) A military identification card; or
(e) Any other form of identification issued by a governmental
agency which contains the voter’s signature and physical description
or picture.
3.] The county clerk shall prescribe a procedure, approved by
the Secretary of State, to verify that the voter has not already voted
in that county in the current election.
Sec. 5.16. NRS 293.283 is hereby amended to read as follows:
293.283 [1.] If, because of physical limitations, a registered
voter is unable to sign his or her name in the roster or on a signature
card as required by NRS 293.277, [the voter must be identified by:
(a) Answering questions from the election board officer
covering the personal data which is reported on the application to
register to vote;
(b) Providing the election board officer, orally or in writing,
with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of
identification as described in NRS 293.277 other than the voter
registration card issued to the voter.
2. If] after the identity of the voter is verified [,] by the voter’s
photo identification, the election board officer shall indicate in the
roster “Identified” by the voter’s name.
Sec. 5.18. NRS 293.285 is hereby amended to read as follows:
293.285 [1.] Except as otherwise provided in NRS 293.283
and 293.5772 to 293.5887, inclusive:
[(a)] 1. A registered voter applying to vote shall state his or
her name to the election board officer in charge of the roster; and
[(b)] 2. The election board officer shall:
[(1)] (a) Announce the name of the registered voter;
[(2)] (b) Require the registered voter to present photo
identification;
(c) Instruct the registered voter to sign the roster or signature
card;
[(3) Verify the signature of the registered voter in the manner
set forth in NRS 293.277;] and
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[(4)] (d) Verify that the registered voter has not already
voted in that county in the current election.
[2. Except as otherwise provided in NRS 293.57691, if the
signature does not match, the voter must be identified by:
(a) Answering questions from the election board officer
covering the personal data which is reported on the application to
register to vote;
(b) Providing the election board officer, orally or in writing,
with other personal data which verifies the identity of the voter; or
(c) Providing the el ection board officer with proof of
identification as described in NRS 293.277 other than the voter
registration card issued to the voter.
3. If the signature of the voter has changed in comparison to
the signature on the application to preregister or reg ister to vote, the
voter must update his or her signature on a form prescribed by the
Secretary of State.
4. For the purposes of subsection 2, the personal data of a voter
may include his or her date of birth.]
Sec. 5.2. NRS 293.287 is hereby amended to read as follows:
293.287 1. A registered voter applying to vote at any primary
election or presidential preference primary election shall give his or
her name and political affiliation, if any, to the election board officer
in charge of the roster, a nd the officer shall immediately announce
the name and political affiliation [.] and require that the registered
voter present photo identification.
2. Any person’s right to vote may be challenged by any
registered voter upon:
(a) Any of the grounds allowed for a challenge in NRS 293.303;
(b) The ground that the person applying does not belong to the
political party designated upon the roster; or
(c) The ground that the roster does not show that the person
designated the political party to which he or she claims to belong.
3. Any such challenge must be disposed of in the manner
provided by NRS 293.303.
4. A registered voter who has designated on his or her
application to register to vote an affiliation with a minor political
party may vote a nonpartisan ballot at the primary election.
Sec. 5.22. NRS 293.3025 is hereby amended to read as
follows:
293.3025 The Secretary of State and each county and city clerk
shall ensure that a copy of each of the following is posted in a
conspicuous place at each polling place on election day:
1. A sample ballot;
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2. Information concerning the date and hours of operation of
the polling place;
3. Instructions for voting and casting a ballot, including a
provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive,
or a provisional ballot pursuant to NRS 293.5772 to 293.5887,
inclusive;
4. Instructions concerning the photo identification required
to vote at the polling place;
5. Instructions concerning the identification required for
persons who registered by mail or computer and are first-time voters
for federal office in this State;
[5.] 6. Information concerning the accessibility of polling
places to persons with disabilities;
[6.] 7. General information concerning federal and state laws
which prohibit acts of fraud and misrepresentation; and
[7.] 8. Information concerning the eligibility of a candidate, a
ballot question or any other matter appearing on the ballot as a result
of a judicial determination or by operation of law, if any.
Sec. 5.24. NRS 293.303 is hereby amended to read as follows:
293.303 1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct upon the
ground that he or she is not the person entitled to vote as claimed or
has voted before at the same election. A registered voter who
initiates a challenge pursuant to this paragraph must submit an
affirmation that is signed under penalty of perjury and in the form
prescribed by the Secretary of State stating that the challenge i s
based on the personal knowledge of the registered voter.
(b) On any ground set forth in a challenge filed with the county
clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall
tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that the challenged person
does not belong to the political party designated upon the roster, “I
swear or affirm under penalty of perjury that I belong to the political
party designated upon the roster”;
(b) If the challenge is on the ground that the roster does not
show that the challenged person designated the political party to
which he or she claims to belong, “I swear or affirm under penalty
of perjury that I d esignated on the application to register to vote the
political party to which I claim to belong”;
(c) If the challenge is on the ground that the challenged person
does not reside at the residence for which the address is listed in the
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roster, “I swear or affirm under penalty of perjury that I reside at the
residence for which the address is listed in the roster”;
(d) If the challenge is on the ground that the challenged person
previously voted a ballot for the election, “I swear or affirm under
penalty of perjury that I have not voted for any of the candidates or
questions included on this ballot for this election”; or
(e) If the challenge is on the ground that the challenged person is
not the person he or she claims to be, “I swear or affirm under
penalty of perjury that I am the person whose name is in this roster.”
The oath or affirmation must be set forth on a form prepared by
the Secretary of State and signed by the challenged person under
penalty of perjury.
3. Except as otherwise provided in sub section 4, if the
challenged person refuses to execute the oath or affirmation so
tendered, the person must not be issued a ballot, and the election
board officer shall indicate in the roster “Challenged” by the
person’s name.
4. If the challenged person refuses to execute the oath or
affirmation set forth in paragraph (a) or (b) of subsection 2, the
election board officers shall issue the person a nonpartisan ballot.
5. If the challenged person refuses to execute the oath or
affirmation set forth in pa ragraph (c) of subsection 2, the election
board officers shall inform the person that he or she is entitled to
vote only in the manner prescribed in NRS 293.304.
6. If the challenged person executes the oath or affirmation and
the challenge is not based on the ground set forth in paragraph (e) of
subsection 2, the election board officers shall issue the person a
partisan ballot.
7. If the challenge is based on the ground set forth in paragraph
(c) of subsection 2, and the challenged person executes the oath or
affirmation, the election board shall not issue the person a ballot
until he or she furnishes satisfactory identification which contains
proof of the address at which the person actually resides. For the
purposes of this subsection, a voter registr ation card does not
provide proof of the address at which a person resides.
8. If the challenge is based on the ground set forth in paragraph
(e) of subsection 2 and the challenged person executes the oath or
affirmation, the election board shall not iss ue the person a ballot
unless the person [:
(a) Furnishes official identification which contains a photograph
of the person, such as a driver’s license or other official document;
or
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(b) Brings before the election board officers a person who is at
least 18 years of age who:
(1) Furnishes official identification which contains a
photograph of that person, such as a driver’s license or other official
document; and
(2) Executes an oath or affirmation under penalty of perjury
that the challenged person is who he or she swears to be. ] furnishes
photo identification.
9. The election board officers shall:
(a) Record on the challenge list:
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the
challenge; and
(3) The result of the challenge; and
(b) If possible, orally notify the registered voter who initiated
the challenge of the result of the challenge.
Sec. 5.26. NRS 293.3075 is hereby amended to read as
follows:
293.3075 1. Except as otherwise provided in NRS 293.283
and 293.5772 to 293.5887, inclusive, upon the appearance of a
person to cast a ballot at a polling place established pursuant to NRS
293.3072, the election board officer shall:
(a) Determine [that] whether the person is a registered voter in
the county and has not already voted in that county in the current
election;
(b) Require the registered voter to present photo identification;
and
(c) Instruct the voter to sign the roster or a signature card . [; and
(c) Verify the signature of the voter in the manner set forth in
NRS 293.277.]
2. [Except as otherwise provided in NRS 293.57691, if the
signature of the voter does not match, the voter must be identified
by:
(a) Answering questions from the election boa rd officer
covering the personal data which is reported on the application to
register to vote;
(b) Providing the election board officer, orally or in writing,
with other personal data which verifies the identity of the voter; or
(c) Providing the electi on board officer with proof of
identification as described in NRS 293.277 other than the voter
registration card issued to the voter.
3. If the signature of the voter has changed in comparison to
the signature on the application to register to vote, the voter must
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update his or her signature on a form prescribed by the Secretary of
State.
4.] The county clerk shall prescribe a procedure, approved by
the Secretary of State, to verify that the voter has not already voted
in that county in the current election.
[5.] 3. When a voter is entitled to cast a ballot and has
[identified himself or herself to the satisfaction of ] presented photo
identification to the election board officer, the voter is entitled to
receive the appropriate ballot or ballots, but only for his or her own
use at the polling place where he or she applies to vote.
[6.] 4. If the ballot is voted on a mechanical recording device
which directly records the votes electronically, the election board
officer shall:
(a) Prepare the mechanical voting device for the voter;
(b) Ensure that the voter’s precinct or voting district and the
form of the ballot are indicated on the voting receipt, if the county
clerk uses voting receipts; and
(c) Allow the voter to cast a vote.
[7.] 5. A voter applying to vote at a polling place established
pursuant to NRS 293.3072 may be challenged pursuant to
NRS 293.303.
Sec. 5.28. NRS 293.3081 is hereby amended to read as
follows:
293.3081 A person at a polling place may cast a provisional
ballot in an election pursuant to NRS 293.3078 to 293.3086,
inclusive, if the person complies with the applicable provisions of
NRS 293.3082 and:
1. Declares that he or she has registered to vote and is eligible
to vote at that election in that jurisdiction, but [his or her] :
(a) The name of the person does not appear on a voter
registration list as a voter eligible to vote in that election in that
jurisdiction [or an] ;
(b) An election official asserts that the person is not eligible to
vote in that election in that jurisdiction; or
(c) The person fails to present photo identification;
2. Applies by mail or computer, on or after January 1, 2003, to
register to vote and has not previously voted in an election for
federal office in this State and fails to provide the identification
required pursuant to paragraph (a) of subsection 1 of NRS 293.2725
to the election board officer at the polling place; or
3. Declares that he or she is entitled to vote after the polling
place would normally close as a result of a court order or other order
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extending the time established for the closing of polls pursuant to a
law of this State in effect 10 days before the date of the election.
Sec. 5.3. NRS 293.3082 is hereby amended to read as follows:
293.3082 1. Before a person may cast a provisional ballot
pursuant to NRS 293.3081, the person must complete a written
affirmation on a form provided by an election board officer, as
prescribed by the Secretary of State, at the polling place which
includes:
(a) The name of the person casting the provisional ballot;
(b) The reason for casting the provisional ballot;
(c) A statement in which the person casting the provisional
ballot affirms under penalty of perjury that he or she is a registered
voter in the jurisdiction and is eligible to vote in the election;
(d) The date and type of election;
(e) The signature of the person casting the provisional ballot;
(f) The signature of the election board officer;
(g) A unique affirmation identification number assigned to the
person casting the provisional ballot;
(h) If the person is casting the provisional ballot pursuant to
subsection 1 of NRS 293.3081:
(1) An indication by the person as to whether or not he or she
provided the required identification at the time the person applied to
register to vote;
(2) The address of the person as listed on the application to
register to vote;
(3) Information concerning the place, manner and
approximate date on which the person applied to register to vote;
(4) Any other information that the person believes may be
useful in verifying that the person has registered to vote; and
(5) A statement informing the voter that if the voter does not
provide photo identification at the time the voter casts the
provisional ballot, th e required photo identification must be
provided to the county or city clerk not later than 5 p.m. on the
Friday following election day and that failure to do so will result in
the provisional ballot not being counted;
(i) If the person is casting the pro visional ballot pursuant to
subsection 2 of NRS 293.3081:
(1) The address of the person as listed on the application to
register to vote;
(2) The voter registration number, if any, issued to the
person; and
(3) A statement informing the voter that t he required
identification must be provided to the county or city clerk not later
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than 5 p.m. on the Friday following election day and that failure to
do so will result in the provisional ballot not being counted; and
(j) If the person is casting the prov isional ballot pursuant to
subsection 3 of NRS 293.3081, the voter registration number, if any,
issued to the person.
2. After a person completes a written affirmation pursuant to
subsection 1:
(a) The election board officer shall provide the person wit h a
receipt that includes the unique affirmation identification number
described in subsection 1 and that explains how the person may use
the free access system established pursuant to NRS 293.3086 to
ascertain whether the person’s vote was counted, and, i f the vote
was not counted, the reason why the vote was not counted;
(b) The voter’s name and applicable information must be
entered into the roster in a manner which indicates that the voter
cast a provisional ballot; and
(c) The election board officer shall issue a provisional ballot to
the person to vote.
Sec. 5.32. NRS 293.3085 is hereby amended to read as
follows:
293.3085 1. Following each election, a canvass of the
provisional ballots cast in the election must be conducted pursuant
to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387.
2. The county and city clerk shall not:
(a) Include any provisional ballot in the unofficial results
reported on election night; or
(b) Open any envelope containing a provisional ballot before 8
a.m. on the Wednesday following election day.
3. Except as otherwise provided in subsection 4, a provisional
ballot must be counted if:
(a) The county or city clerk determines that the person who cast
the provisional ballot was registered to vote in the e lection, eligible
to vote in the election and issued the appropriate ballot for the
address at which the person resides;
(b) A voter who failed to provide required photo identification
at the polling place or with his or her mailed ballot provides the
required photo identification to the county or city clerk not later
than 5 p.m. on the Friday following election day; or
(c) A court order has not been issued by 5 p.m. on the Friday
following election day directing that provisional ballots cast
pursuant to subsection 3 of NRS 293.3081 not be counted, and the
provisional ballot was cast pursuant to subsection 3 of
NRS 293.3081.
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4. A provisional ballot must not be counted if the county or
city clerk determines that the person who cast the provisional ballot
cast the wrong ballot for the address at which the person resides.
Sec. 5.34. NRS 293.356 is hereby amended to read as follows:
293.356 If a request is made to vote early by a registered voter
in person, the election board shall , except as otherwise provided in
NRS 293.3585, issue a ballot for early voting to the voter. Such a
ballot must be voted on the premises of a polling place for early
voting established pursua nt to NRS 293.3564, 293.3572, 293.3575
or 298.690.
Sec. 5.36. NRS 293.3585 is hereby amended to read as
follows:
293.3585 1. Except as otherwise provided in NRS 293.283
and 293.5772 to 293.5887, inclusive, upon the appearance of a
person to cast a bal lot for early voting, an election board officer
shall:
(a) Determine [that] whether the person is a registered voter in
the county.
(b) Require the registered voter to present photo identification.
(c) Instruct the voter to sign the roster for early voting or a
signature card.
[(c) Verify the signature of the voter in the manner set forth in
NRS 293.277.]
(d) Verify that the voter has not already voted in that county in
the current election.
2. [Except as otherwise provided in NRS 293.57691, if t he
signature of the voter does not match, the voter must be identified
by:
(a) Answering questions from the election board officer
covering the personal data which is reported on the application to
register to vote;
(b) Providing the election board offic er, orally or in writing,
with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of
identification as described in NRS 293.277 other than the voter
registration card issued to the voter.
3. If the signature of the voter has changed in comparison to
the signature on the application to register to vote, the voter must
update his or her signature on a form prescribed by the Secretary of
State.
4.] The county clerk shall prescribe a procedu re, approved by
the Secretary of State, to verify that the voter has not already voted
in that county in the current election.
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[5.] 3. The roster for early voting or a signature card, as
applicable, must contain:
(a) The voter’s name, the address where he or she is registered
to vote, his or her voter identification number and a place for the
voter’s signature;
(b) The voter’s precinct or voting district number, if that
information is available; and
(c) The date of voting early in person.
[6.] 4. When a voter is entitled to cast a ballot , [and has
identified himself or herself to the satisfaction of the election board
officer,] the voter is entitled to receive the appropriate ballot or
ballots, but only for his or her own use at the polling place for early
voting.
[7.] 5. If the ballot is voted on a mechanical recording device
which directly records the votes electronically, the election board
officer shall:
(a) Prepare the mechanical recording device for the voter;
(b) Ensure that the voter’s precinct or voting district, if that
information is available, and the form of ballot are indicated on the
voting receipt, if the county clerk uses voting receipts; and
(c) Allow the voter to cast a vote.
[8.] 6. A voter applying to vote early by person al appearance
may be challenged pursuant to NRS 293.303.
[9. For the purposes of subsection 2, the personal data of a
voter may include his or her date of birth.]
Sec. 5.38. NRS 293.3677 is hereby amended to read as
follows:
293.3677 1. When counting a vote in an election, if more
choices than permitted by the instructions for a ballot are marked for
any office or question, the vote for that office or question may not
be counted.
2. Except as otherwise provided in subsection 1, in an electio n
in which a mechanical voting system is used whereby a vote is cast
by darkening a designated space on the ballot:
(a) A vote must be counted if :
(1) A portion of the designated space [is] has been darkened
[or there is a writing in the designated spa ce, including, without
limitation, a cross or check;] by the voter; and
(2) The portion of the designated space that has been
darkened:
(I) Provides some indication of the intent of the voter;
and
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(II) Cannot be conclusively determined to have been
made by the voter in error; and
(b) [Except as otherwise provided in paragraph (a), a ] A writing
or other mark on the ballot, including, without limitation, a cross,
check, tear or scratch may not be counted as a vote.
3. The Secretary of State:
(a) May adopt regulations establishing additional uniform,
statewide standards, not inconsistent with this section, for counting
a vote cast by a method of voting described in subsection 2; and
(b) Shall adopt regulations establishing uniform, statewide
standards for counting a vote cast by each method of voting used in
this State that is not described in subsection 2, including, without
limitation, a vote cast on a mechanical recording device which
directly records the votes electronically.
Sec. 5.4. NRS 293.541 is hereby amended to read as follows:
293.541 1. The county clerk shall cancel the preregistration
of a person or the registration of a voter if:
(a) After consultation with the district attorney, the district
attorney determines that there is probable cause to believe that
information in the application to preregister or register to vote
concerning the identity or residence of the person or voter is
fraudulent;
(b) The county clerk provides a notice as required pursuant to
subsection 2 or e xecutes an affidavit of cancellation pursuant to
subsection 3; and
(c) The person or voter fails to present satisfactory proof of
identity and residence pursuant to subsection 2, 4 or 5.
2. Except as otherwise provided in subsection 3, the county
clerk shall notify the person or voter by registered or certified mail,
return receipt requested, of a determination made pursuant to
subsection 1. The notice must set forth the grounds for cancellation.
Unless the person or voter, within 15 days after the retur n receipt
has been filed in the office of the county clerk, presents satisfactory
proof of identity and residence to the county clerk, the county clerk
shall cancel the person’s preregistration or the voter’s registration,
as applicable.
3. If insufficie nt time exists before a pending election to
provide the notice required by subsection 2 to a registered voter, the
county clerk shall execute an affidavit of cancellation and attach a
copy of the affidavit of cancellation in the roster.
4. If a voter app ears to vote at the election next following the
date that an affidavit of cancellation was executed for the voter
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pursuant to this section, the voter must be allowed to vote only if the
voter furnishes:
(a) [Official identification which contains a photog raph of the
voter, including, without limitation, a driver’s license or other
official document;] Photo identification; and
(b) Satisfactory [identification that contains ] proof of the
address at which the voter actually resides and that address is
consistent with the address listed on the roster.
5. If a determination is made pursuant to subsection 1
concerning information in the registration to vote of a voter and a
mail ballot is received from the voter, the mail ballot must be kept
separate from other ballots and must not be counted unless the voter
presents satisfactory proof to the county clerk of identity and
residence before such ballots are counted on election day.
6. For the purposes of this section, a voter registration card
does not provide proof of the:
(a) Address at which a person actually resides; or
(b) Residence or identity of a person.
Sec. 6. NRS 293.558 is hereby amended to read as follows:
293.558 1. The county or city clerk shall disclose the
identification number of a registered voter to the public, including,
without limitation:
(a) In response to an inquiry received by the county or city
clerk; or
(b) By inclusion of the identification number of the registered
voter on any list of registered voters made available for public
inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290
or 293C.542.
2. The Secretary of State or a county or city clerk shall not
disclose:
(a) The social security number or the driver’s license or
identification card number of a registered voter , and such a number
is confidential and is not a public book or record within the meaning
of NRS 239.010.
(b) An electronic mail address provided by a registered voter to
carry out any state or federal law relating to the voting process, and
such an electronic mail address is confidential and is not a public
book or record within the meaning of NRS 239.010. The county or
city clerk may not release a re gistered voter’s electronic mail
address to a third party and may use such an electronic mail address
only to:
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(1) Communicate with the registered voter about the voting
process, including, without limitation, as necessary to carry out the
provisions of chapter 293D of NRS; and
(2) Distribute a sample ballot to the registered voter by
electronic means if the county or city clerk has established a system
for distributing sample ballots by electronic means pursuant to NRS
293.565 or 293C.530 and the regis tered voter elects to receive a
sample ballot by electronic means.
(c) The information of a registered voter that is received from
the Department of Motor Vehicles pursuant to section 1.8 or 3 of
this act. Such information is confidential and is not a pub lic book
or record.
3. A registered voter may submit a written request to the
county or city clerk to have his or her address and telephone number
withheld from the public. Upon receipt of such a request, the county
or city clerk shall not disclose the a ddress or telephone number of
the registered voter to the public, including, without limitation:
(a) In response to an inquiry received by the county or city
clerk; or
(b) By inclusion on any list of registered voters made available
for public inspection pursuant to NRS 293.301, 293.440, 293.557,
293C.290 or 293C.542.
4. No information relating to a registered voter may be
withheld from the public other than:
(a) The address and telephone number of the registered voter if
requested by the registered voter pursuant to this section;
(b) An electronic mail address provided by the registered voter
to carry out any state or federal law relating to the voting process;
(c) The social security number and driver’s license or
identification card number of the registered voter; [and]
(d) The sex, citizenship status and veteran status of the
registered voter; and
(e) Any other information relating to the registered voter that
any state or federal law declares to be confidential or otherwise
requires to be withheld from the public.
Sec. 6.5. NRS 293.57691 is hereby amended to read as
follows:
293.57691 1. A county clerk shall not reject as an application
to register to vote the information received from an automatic voter
registration agency solely on the basis that the information does not
contain an electronic facsimile of the signature of the person who is
applying to vote or update his or her voter registration information
on the statewide voter registration list.
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2. If the county clerk does not r eceive an electronic facsimile
of the signature of the person from the automatic voter registration
agency, the county clerk must obtain the person’s signature or an
electronic facsimile of the person’s signature through one of the
following methods:
(a) Through the notice provided by the county clerk to the
person pursuant to NRS 293.57693, if the notice is returned to
the county clerk by the person and the returned notice includes the
person’s signature;
(b) Requesting an electronic facsimile of the pe rson’s signature
from the Department of Motor Vehicles or another state agency;
(c) Requesting the person to submit an electronic facsimile of
the person’s signature through a method approved by the Secretary
of State; or
(d) Requesting the person to sig n a paper or electronic form the
first time the person applies to vote in person at a polling place,
including, without limitation, a polling place for early voting by
personal appearance. [A signature provided by a person pursuant to
this paragraph must b e compared to one of the forms of
identification which may be used individually to identify a voter at
the polling place set forth in NRS 293.277 before the person is
allowed to vote in person.]
3. In addition to the requirements of this section and NRS
293.2725, a person who is registered to vote pursuant to NRS
293.5768 to 293.57699, inclusive, must provide an affirmation
signed under penalty of perjury that the person is eligible to vote the
first time a person votes in person or by mail ballot if the person has
not already provided such an affirmation to the county clerk.
Sec. 7. NRS 293.675 is hereby amended to read as follows:
293.675 1. The Secretary of State shall establish and
maintain a centralized, top -down database that collects and stores
information related to the preregistration of persons and the
registration of electors from all the counties in this State. The
Secretary of State shall ensure that the database is capable of storing
preregistration information separately until a person is qualified to
register to vote. Each county clerk shall use the database created by
the Secretary of State pursuant to this subsection to collect and
maintain all records of preregistration and registration to vote.
2. The Secretary of State shall use the voter registration
information collected in the database created pursuant to subsection
1 to create the official statewide voter registration list, which may be
maintained on the Internet, in consultation with each county and city
clerk.
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3. The statewide voter registration list must:
(a) Be a uniform, centralized and interactive computerized list;
(b) Serve as the single method for storing and managing the
official list of registered voters in this State;
(c) Serve as the official list of registered voters for the conduct
of all elections in this State;
(d) Contain the name [and] , voter registration information and,
if applicable, the inf ormation described in section 3 of this act of
every legally registered voter in this State;
(e) Include a unique identifier assigned by the Secretary of State
to each legally registered voter in this State;
(f) Except as otherwise provided in subsection 9, be coordinated
with the appropriate databases of other agencies in this State;
(g) Be electronically accessible to each state and local election
official in this State at all times;
(h) Except as otherwise provided in subsection 10, allow for
data to be shared with other states under certain circumstances; and
(i) Be regularly maintained to ensure the integrity of the
registration process and the election process.
4. Each county and city clerk shall:
(a) Electronically enter into the database crea ted pursuant to
subsection 1 all information related to voter preregistration and
registration obtained by the county or city clerk at the time the
information is provided to the county or city clerk; and
(b) Provide the Secretary of State with informati on concerning
the voter registration of the county or city and other reasonable
information requested by the Secretary of State in the form required
by the Secretary of State to establish or maintain the statewide voter
registration list.
5. In establish ing and maintaining the statewide voter
registration list, the Secretary of State shall enter into a cooperative
agreement with the Department of Motor Vehicles to match
information in the database of the statewide voter registration list
with information in the appropriate database of the Department of
Motor Vehicles to verify the accuracy of the information in an
application to register to vote.
6. The Department of Motor Vehicles shall enter into an
agreement with the Social Security Administration pur suant to 52
U.S.C. § 21083, to verify the accuracy of information in an
application to register to vote.
7. The Department of Motor Vehicles shall ensure that its
database:
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(a) Is capable of processing any information related to an
application to regist er to vote, an application to update voter
registration information or a request to verify the accuracy of voter
registration information as quickly as is feasible; and
(b) Does not limit the number of applications to register to vote,
applications to upd ate voter registration information or requests to
verify the accuracy of voter registration information that may be
processed by the database in any given day.
8. The Secretary of State shall enter into a cooperative
agreement with the State Registrar o f Vital Statistics to match
information in the database of the statewide voter registration list
with information in the records of the State Registrar of Vital
Statistics concerning the death of a resident of this State to maintain
the statewide voter reg istration list. The Secretary of State must
compare the records of the State Registrar of Vital Statistics to those
in the statewide voter registration list at least once per month.
9. Except as otherwise provided in NRS 481.063 or any
provision of law providing for the confidentiality of information, the
Secretary of State may enter into an agreement with an agency of
this State pursuant to which the agency provides to the Secretary of
State any information in the possession of the agency that the
Secretary of State deems necessary to maintain the statewide voter
registration list.
10. The Secretary of State may:
(a) Request from the chief officer of elections of another state
any information which the Secretary of State deems necessary to
maintain the statewide voter registration list; and
(b) Provide to the chief officer of elections of another state any
information which is requested and which the Secretary of State
deems necessary for the chief officer of elections of that state to
maintain a voter registration list, if the Secretary of State is satisfied
that the information provided pursuant to this paragraph will be used
only for the maintenance of that voter registration list.
Sec. 8. NRS 293C.26312 is hereby amended to read as
follows:
293C.26312 1. Except as otherwise provided in subsection 2,
NRS 293C.263 and chapter 293D of NRS, the city clerk shall send
to each active registered voter by first -class mail, or by any class of
mail if the Official Election Mail logo or an equivalent logo or mark
created by the United States Postal Service is properly placed:
(a) A mail ballot;
(b) A return envelope [;] , which must include, without
limitation:
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(1) A space for the voter to write:
(I) The last four digits of the voter’s driver’s license
issued by the Department of Motor Vehicles;
(II) If the voter does not possess a driver’s license issued
by the Department of Motor Vehicles, the last four digits of the
voter’s social security number; or
(III) If the voter does not possess a driver’s license
issued b the Department of Motor Vehicles or a social security
number, the voter identification number of the voter; and
(2) A two-dimensional barcode, commonly known as a QR
code, or another machine -readable code used for storing the
Internet address for the voter services portal created by the
Secretary of State pursuant to section 2 of this act;
(c) An envelope or sleeve into which the mail ballot is inserted
to ensure its secrecy; and
(d) Instructions [.] that include, without limitation:
(1) An explanation that the voter must write on the return
envelope the identifying number required pursuant to NRS
293C.26316; and
(2) A two-dimensional barcode, commonly known as a QR
code, or another machine -readable code used for storing the
Internet address for the voter services portal on the Internet
website of the Secretary of State.
2. In sending a mail ballot to an active registered voter, the city
clerk shall use an envelope that may not be forwarded to an address
of the voter tha t is different from the address to which the mail
ballot is mailed.
3. The return envelope must include postage prepaid by first -
class mail if the active registered voter is within the boundaries of
the United States, its territories or possessions or on a military base.
4. Before sending a mail ballot to an active registered voter, the
city clerk shall record:
(a) The date the mail ballot is issued;
(b) The name of the voter to whom the mail ballot is issued, his
or her precinct or district and his o r her political affiliation, if any,
unless all the offices on the mail ballot are nonpartisan offices;
(c) The number of the mail ballot; and
(d) Any remarks the city clerk finds appropriate.
5. The Secretary of State shall prescribe:
(a) The form of all envelopes in which mail ballots are sent to
voters and return envelopes, which must, except as otherwise
provided in paragraph (b), be uniform throughout the State; and
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(b) A method for distinguishing the return envelopes of each
city which must be p rominently displayed on the outside of the
return envelope.
6. The design of all envelopes used by the city clerk to send
mail ballots to registered voters and return envelopes must be
submitted to and approved by the Secretary of State prior to use in
any election.
Sec. 8.5. NRS 293C.26316 is hereby amended to read as
follows:
293C.26316 1. Except as otherwise provided in NRS
293C.26318 and chapter 293D of NRS, in order to vote a mail
ballot, the voter must, in accordance with the instructions:
(a) Mark and fold the mail ballot;
(b) Deposit the mail ballot in the return envelope and seal the
return envelope;
(c) Affix his or her signature on the return envelope in the space
provided for the signature; [and]
(d) Write in the space provided on the return envelope:
(1) The last four digits of the voter’s driver’s license issued
by the Department of Motor Vehicles;
(2) If the voter does not possess a driver’s license issued by
the Department of Motor Vehicles, the last four digits of the
voter’s social security number; or
(3) If the voter does not possess a driver’s license issued by
the Department of Motor Vehicles or a social security number, th e
voter identification number of the voter; and
(e) Mail or deliver the return envelope in a manner authorized
by law.
2. Except as otherwise provided in chapter 293D of NRS,
voting must be only upon candidates whose names appear upon the
mail ballot as prepared pursuant to NRS 293C.263, and no person
may write in the name of an additional candidate for any office.
3. If a mail ballot has been sent to a voter who applies to vote
in person at a polling place, including, without limitation, a polling
place for early voting, the voter must, in addition to complying with
all other requirements for voting in person that are set forth in this
chapter, surrender his or her mail ballot or sign an affirmation under
penalty of perjury that the voter has not voted during the election. A
person who receives a surrendered mail ballot shall mark it
“Cancelled.”
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Sec. 8.7. 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 orde r 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 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 city clerk must establish a ballot drop box at every
polling place in the city , including, without limitation, a polling
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 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 o f 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 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. 9. NRS 293C.26327 is hereby amended to read as
follows:
293C.26327 1. Except as otherwise provided in NRS
293D.200, when a mail ballot is returned by or on behalf of a voter
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to the city clerk, and a record of its return is made in the mail ballot
record for the election, the clerk or an employee in the office of the
clerk shall check the return envelope to determine whether the
voter included on the return envelope his or her signature and
the identifying number required pursuant to NRS 293C.26316. If
the return envelope does not include a signature and identifying
number, the clerk shall contact the voter pursuant to subsection 6.
If the return envelope includes [signature used for the mail ballot
by] a signature and the identifying number, the clerk shall check
the voter’s signature by electronic means pursuant to subsection 2
or manually pursuant to subsection 3. If the voter’s signature is
verified, the voter is e ntitled to cast the mail ballot and the
identifying number is not required to be verified. If the voter’s
signature cannot be verified, the clerk shall check the identifying
number included on the return envelope. If the clerk verifies the
identifying number, the voter is entitled to cast the mail ballot. If
the clerk is able to verify neither the signature nor the identifying
number, the clerk shall contact the voter pursuant to subsection 6.
2. To check the signature used for a mail ballot by electronic
means:
(a) The electronic device must take a digital image of the
signature used for the mail ballot and electronically compare the
digital image with the signatures of the voter from his or her
application to register to vote or application to preregist er to vote
available in the records of the city clerk.
(b) If the electronic device does not match the signature of the
voter, the signature shall be reviewed manually pursuant to the
provisions of subsection 3.
3. To check the signature used for a mai l ballot manually, the
city clerk shall use the following procedure:
(a) The clerk or employee shall check the signature used for the
mail ballot against all signatures of the voter available in the records
of the clerk.
(b) If at least two employees in the office of the clerk believe
there is a reasonable question of fact as to whether the signature
used for the mail ballot matches the signature of the voter, the clerk
shall contact the voter and ask the voter to confirm whether the
signature used for the mail ballot belongs to the voter.
4. For purposes of subsection 3:
(a) There is a reasonable question of fact as to whether the
signature used for the mail ballot matches the signature of the voter
if the signature used for the mail ballot differs in multiple,
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significant and obvious respects from the signatures of the voter
available in the records of the clerk.
(b) There is not a reasonable question of fact as to whether the
signature used for the mail ballot matches the signature of the voter
if:
(1) The signature used for the mail ballot is a variation of the
signature of the voter caused by the substitution of initials for the
first or middle name, the substitution of a different type of
punctuation in the first, middle or last name, the use of a common
nickname or the use of one last name for a person who has two last
names and it does not otherwise differ in multiple, significant and
obvious respects from the signatures of the voter available in the
records of the clerk; or
(2) There are only slight dissimilarities between the signature
used for the mail ballot and the signatures of the voter available in
the records of the clerk.
5. Except as otherwise provided in subsection 6, if the clerk
determines that the voter is entitled to cast the mail ballot, the clerk
shall deposit the mail ballot in the proper ballot box or place the
mail ballot, unopened, in a container that must be securely locked or
under the control of the clerk at all times. The clerk shall deliver the
mail ballots to the mail ballot central counting board to be processed
and prepared for counting.
6. If the clerk determines when checking the [signature used]
return envelope for the mail ballot that the voter failed to affix his
or her signature [or] and identifying number, failed to affix [it] the
signature and identifying number in the manner required by law
for the mail ballot , or [that there is a reasonable question of fact as
to whether the signature used for the mail ballot matches the
signature of the voter, ] the clerk is not able to verify the signature
or identifying number but the voter is otherwise entitled to cast the
mail ballot, the clerk shall contact the voter and advise the voter of
the procedures to provide a signature or an identifying number, or a
confirmation that the signature or identifying number used for the
mail ballot belongs to the voter, as applicable. For the mail ballot to
be counted, the voter must provide a signature , an identifying
number or a confirmation, as applicable, not later than 5 p.m. on the
sixth day following the election. Except as otherwise provided in
this subsection, during the period in which mail ballots may be
cured, the clerk shall ensure that employees in the office of the
clerk are available by telephone until at l east 7 p.m. on evenings
and weekends. If no mail ballot needs to be cured, the clerk is not
required to have any employee available by telephone after 5 p.m.
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Any voicemail message or hold message used by the office of the
clerk must provide instructions on how a voter may provide a
signature, an identifying number or a confirmation, as applicable.
7. The clerk shall prescribe procedures for a voter who failed to
affix his or her signature and identifying number or failed to affix
[it] the signature and identifying number in the manner required by
law for the mail ballot, or for whom [there is a reasonable question
of fact as to whether the signature used for the mail ballot matches
the signature of the voter, ] the signature or identifying number
cannot be verified, in order to:
(a) Contact the voter;
(b) Allow the voter to provide a signature , an identifying
number or a confirmation [that the signature used for the mail ballot
belongs to the voter,] , as applicable; and
(c) After a signature , an ide ntifying number or a confirmation
is provided, as applicable, ensure the mail ballot is delivered to the
mail ballot central counting board.
8. If there is a reasonable question of fact as to whether the
signature used for the mail ballot matches the sig nature of the voter,
the voter must be identified by:
(a) Answering questions from the city clerk covering the
personal data which is reported on the application to register to vote;
(b) Providing the city clerk, orally or in writing, including,
without limitation, in writing by electronic mail or text message,
with other personal data which verifies the identity of the voter; or
(c) Providing the city clerk with [proof of identification as
described in NRS 293C.270 other than the voter registration card
issued to the voter.] photo identification.
9. The procedures established pursuant to subsection 7 for
contacting a voter must require the clerk to contact the voter, as
soon as possible after receipt of the mail ballot, by:
(a) Mail;
(b) Telephone, if a telephone number for the voter is available in
the records of the clerk; and
(c) Electronic means, which [may] must include, without
limitation [, electronic] :
(1) Electronic mail, if the voter has provided the clerk with
[sufficient information to contact the voter by such means. ] an
electronic mail address; and
(2) Text message, if the voter has provided the clerk with a
cellular telephone number.
10. A city clerk in a county whose population is less than
100,000 may enter into an agreement wi th the Secretary of State
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for the Secretary of State to, on behalf of the clerk, contact and
receive information from voters by text message, as required
pursuant to this section.
Sec. 9.12. NRS 293C.270 is hereby amended to read as
follows:
293C.270 1. Except as otherwise provided in NRS 293.5772
to 293.5887, inclusive, and 293C.272, if a person’s name appears in
the roster or if the person provides an affirmation pursuant to NRS
293C.525, the person is entitled to vote and must [sign] :
(a) Present photo identification; and
(b) Sign his or her name in the roster or on a signature card
when he or she applies to vote. [Except as otherwise provided in
NRS 293.57691, the signature must be compared by an election
board officer with the signature or a fac simile thereof on the
person’s application to register to vote or one of the forms of
identification listed in subsection 2.
2. The forms of identification that may be used to identify a
voter at the polling place are:
(a) The voter registration card issued to the voter;
(b) A driver’s license;
(c) An identification card issued by the Department of Motor
Vehicles;
(d) A military identification card; or
(e) Any other form of identification issued by a governmental
agency that contains the voter’s si gnature and physical description
or picture.
3.] 2. The city clerk shall prescribe a procedure, approved by
the Secretary of State, to verify that the voter has not already voted
in that city in the current election.
Sec. 9.14. NRS 293C.272 is hereby a mended to read as
follows:
293C.272 [1.] If, because of physical limitations, a registered
voter is unable to sign his or her name in the roster or on a signature
card as required by NRS 293C.270, [the voter must be identified by:
(a) Answering questions from the election board officer
covering the personal data which is reported on the application to
register to vote;
(b) Providing the election board officer, orally or in writing,
with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of
identification as described in NRS 293C.270 other than the voter
registration card issued to the voter.
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2. If] after the identity of the voter is verified [,] by the voter’s
photo identification, the election board officer shall indicate in the
roster “Identified” by the voter’s name.
Sec. 9.16. NRS 293C.275 is hereby amended to read as
follows:
293C.275 [1.] Except as otherwise provided in NRS
293.5772 to 293.5887, inclusive, and 293C.272:
[(a)] 1. A registered voter who applies to vote must state his or
her name to the election board officer in charge of the roster; and
[(b)] 2. The election board officer shall:
[(1)] (a) Announce the name of the registered voter;
[(2)] (b) Require the registered voter to present photo
identification;
(c) Instruct the registered voter to sign the roster or signature
card;
[(3) Verify the signature of the registered voter in the manner
set forth in NRS 293C.270;] and
[(4)] (d) Verify tha t the registered voter has not already
voted in that city in the current election.
[2. Except as otherwise provided in NRS 293.57691, if the
signature does not match, the voter must be identified by:
(a) Answering questions from the election board offic er
covering the personal data which is reported on the application to
register to vote;
(b) Providing the election board officer, orally or in writing,
with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of
identification as described in NRS 293C.270 other than the voter
registration card issued to the voter.
3. If the signature of the voter has changed in comparison to
the signature on the application to register to vote, the voter m ust
update his or her signature on a form prescribed by the Secretary of
State.
4. For the purposes of subsection 2, the personal data of a voter
may include his or her date of birth.]
Sec. 9.18. NRS 293C.277 is hereby amended to read as
follows:
293C.277 1. A registered voter who applies to vote at an
election must give his or her name to the election board officer in
charge of the roster, and the officer shall immediately announce the
name of the voter [.] and require that the registered voter present
photo identification.
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2. Any person’s right to vote may be challenged by a registered
voter upon any of the grounds allowed for a challenge in NRS
293C.292. Any such challenge must be disposed of in the manner
provided in NRS 293C.292.
Sec. 9.2. NRS 293C.292 is hereby amended to read as follows:
293C.292 1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct or district upon
the ground that he or she is not the person entitled to vote as claimed
or has voted before at the same election; or
(b) On any ground set forth in a challenge filed with the county
clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall
tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that the challenged person
does not reside at the residence for which the address is listed in the
roster, “I swear or affirm under penalty of perjury that I reside at the
residence for which the address is listed in the roster”;
(b) If the challenge is on the ground that the challenged person
previously voted a ballot for the election, “I swear or affirm under
penalty of perjury that I have not voted for any of the candidates or
questions included on this ballot for this election”; or
(c) If the challenge is on the ground that the challenged person is
not the person he or she claims to be, “I swear or affirm under
penalty of perjury that I am the person whose name is in this roster.”
The oath or affirmation must be set forth on a form prepared by
the Secretary of State and signed by the challenged person under
penalty of perjury.
3. If the challenged person refuses to execute the oath or
affirmation so tendered, the person mus t not be issued a ballot, and
the election board officer shall indicate in the roster “Challenged”
by the person’s name.
4. If the challenged person refuses to execute the oath or
affirmation set forth in paragraph (a) of subsection 2, the election
board officers shall inform the person that he or she is entitled to
vote only in the manner prescribed in NRS 293C.295.
5. If the challenged person executes the oath or affirmation and
the challenge is not based on the ground set forth in paragraph (c) of
subsection 2, the election board officers shall issue him or her a
ballot.
6. If the challenge is based on the ground set forth in paragraph
(a) of subsection 2, and the challenged person executes the oath or
affirmation, the election board shall not issue the person a ballot
until he or she furnishes satisfactory identification that contains
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proof of the address at which the person actually resides. For the
purposes of this subsection, a voter registration card does not
provide proof of the address at which a person resides.
7. If the challenge is based on the ground set forth in paragraph
(c) of subsection 2 and the challenged person executes the oath or
affirmation, the election board shall not issue the person a ballot
unless the person [:
(a) Furnishes official identification which contains a photograph
of the person, such as a driver’s license or other official document;
or
(b) Brings before the election board officers a person who is at
least 18 years of age who:
(1) Furnishes official identifica tion which contains a
photograph of the person, such as a driver’s license or other official
document; and
(2) Executes an oath or affirmation under penalty of perjury
that the challenged person is who he or she swears to be. ] furnishes
photo identification.
8. The election board officers shall:
(a) Record on the challenge list:
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the
challenge; and
(3) The result of the challenge; and
(b) If possible, orally notify the registered voter who initiated
the challenge of the result of the challenge.
Sec. 9.22. NRS 293C.3035 is hereby amended to read as
follows:
293C.3035 1. Except as otherwise provided in NRS 293.5772
to 293.5887, inclusive, and 293C.272 , upon the appearance of a
person to cast a ballot at a polling place established pursuant to NRS
293C.3032, if any, the election board officer shall:
(a) Determine [that] whether the person is a registered voter in
the city and has not already voted in that city in the current election;
(b) Require the registered voter to present photo identification;
and
(c) Instruct the voter to sign the roster or a signature card . [; and
(c) Verify the signature of the voter in the manner set forth in
NRS 293C.270.
2. Except as otherwise provided in NRS 293.57691, if the
signature of the voter does not match, the voter must be identified
by:
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(a) Answering questions from the election board officer
covering the personal data which is reported on the applicatio n to
register to vote;
(b) Providing the election board officer, orally or in writing,
with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of
identification as described in NRS 293C.27 0 other than the voter
registration card issued to the voter.
3. If the signature of the voter has changed in comparison to
the signature on the application to register to vote, the voter must
update his or her signature on a form prescribed by the Secr etary of
State.
4.] 2. The city clerk shall prescribe a procedure, approved by
the Secretary of State, to verify that the voter has not already voted
in that city in the current election.
[5.] 3. When a voter is entitled to cast a ballot and has
[identified himself or herself to the satisfaction of ] presented photo
identification to the election board officer, the voter is entitled to
receive the appropriate ballot or ballots, but only for his or her own
use at the polling place where he or she applies to vote.
[6.] 4. If the ballot is voted on a mechanical recording device
which directly records the votes electronically, the election board
officer shall:
(a) Prepare the mechanical voting device for the voter;
(b) Ensure that the voter’s precinct or voting district and the
form of the ballot are indicated on the voting receipt, if the city clerk
uses voting receipts; and
(c) Allow the voter to cast a vote.
[7.] 5. A voter applying to vote at a polling place established
pursuant to NRS 293C.3032, if any, may be challenged pursuant to
NRS 293C.292.
Sec. 9.24. NRS 293C.356 is hereby amended to read as
follows:
293C.356 1. If a request is made to vote early by a registered
voter in person, the city clerk shall , except as otherwise provided in
NRS 293C.3585, issue a ballot for early voting to the voter. Such a
ballot must be voted on the premises of the clerk’s office and
returned to the clerk.
2. On the dates for early voting prescribed in NRS 293C.3568,
each city clerk shall provide a voting booth, with suitable equipment
for voting, on the premises of the city clerk’s office for use by
registered voters who are issued ballots for early voting in
accordance with this section.
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Sec. 9.26. NRS 293C.3585 is he reby amended to read as
follows:
293C.3585 1. Except as otherwise provided in NRS 293.5772
to 293.5887, inclusive, and 293C.272, upon the appearance of a
person to cast a ballot for early voting, an election board officer
shall:
(a) Determine [that] whether the person is a registered voter in
the county.
(b) Require the registered voter to present photo identification.
(c) Instruct the voter to sign the roster for early voting or a
signature card.
[(c) Verify the signature of the voter in the manner set forth in
NRS 293C.270.]
(d) Verify that the voter has not already voted in that city in the
current election.
2. [Except as otherwise provided in NRS 293.57691, if the
signature does not match, the voter must be identified by:
(a) Answering questio ns from the election board officer
covering the personal data which is reported on the application to
register to vote;
(b) Providing the election board officer, orally or in writing,
with other personal data which verifies the identity of the voter; or
(c) Providing the election board officer with proof of
identification as described in NRS 293C.270 other than the voter
registration card issued to the voter.
3. If the signature of the voter has changed in comparison to
the signature on the application to register to vote, the voter must
update his or her signature on a form prescribed by the Secretary of
State.
4.] The city clerk shall prescribe a procedure, approved by the
Secretary of State, to verify that the voter has not already voted in
that city in the current election.
[5.] 3. The roster for early voting or signature card, as
applicable, must contain:
(a) The voter’s name, the address where he or she is registered
to vote, his or her voter identification number and a place for the
voter’s signature;
(b) The voter’s precinct or voting district number, if that
information is available; and
(c) The date of voting early in person.
[6.] 4. When a voter is entitled to cast a ballot , [and has
identified himself or herself to the satisfaction of the election board
officer,] the voter is entitled to receive the appropriate ballot or
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ballots, but only for his or her own use at the polling place for early
voting.
[7.] 5. If the ballot is voted on a mechanical recording device
which directly record s the votes electronically, the election board
officer shall:
(a) Prepare the mechanical recording device for the voter;
(b) Ensure that the voter’s precinct or voting district, if that
information is available, and the form of ballot are indicated on the
voting receipt, if the city clerk uses voting receipts; and
(c) Allow the voter to cast a vote.
[8.] 6. A voter applying to vote early by personal appearance
may be challenged pursuant to NRS 293C.292.
[9. For the purposes of subsection 2, the per sonal data of a
voter may include his or her date of birth.]
Sec. 9.28. NRS 293C.369 is hereby amended to read as
follows:
293C.369 1. When counting a vote in an election, if more
choices than permitted by the instructions for a ballot are marked for
any office or question, the vote for that office or question may not
be counted.
2. Except as otherwise provided in subsection 1, in an election
in which a mechanical voting system is used whereby a vote is cast
by darkening a designated space on the ballot:
(a) A vote must be counted if :
(1) A portion of the designated space [is] has been darkened
[or there is a writing in the designated space, including, without
limitation, a cross or check;] by the voter; and
(2) The portion of the designated spa ce that has been
darkened:
(I) Provides some indication of the intent of the voter;
and
(II) Cannot be conclusively determined to have been
made by the voter in error; and
(b) [Except as otherwise provided in paragraph (a), a ] A writing
or other mar k on the ballot, including, without limitation, a cross,
check, tear or scratch may not be counted as a vote.
3. The Secretary of State:
(a) May adopt regulations establishing additional uniform,
statewide standards, not inconsistent with this section, for counting
a vote cast by a method of voting described in subsection 2; and
(b) Shall adopt regulations establishing uniform, statewide
standards for counting a vote cast by each method of voting used in
this State that is not described in subsection 2, including, without
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limitation, a vote cast on a mechanical recording device which
directly records the votes electronically.
Sec. 9.3. NRS 483.820 is hereby amended to read as follows:
483.820 1. A person who applies for an identification card in
accordance with the provisions of NRS 483.810 to 483.890,
inclusive, and who is not ineligible to receive an identification card
pursuant to NRS 483.861, is entitled to receive an identification card
if the person is:
(a) A resident of this State and is 1 0 years of age or older and
does not hold a valid driver’s license or identification card from any
state or jurisdiction; or
(b) A seasonal resident who does not hold a valid Nevada
driver’s license.
2. Except as otherwise provided in NRS 483.825 [,] and
section 1.6 of this act, the Department shall charge and collect the
following fees for the issuance of an original, duplicate or changed
identification card:
An original or duplicate identification card issued to
a person 65 years of age or older which expires
on or before the fourth anniversary of the
person’s birthday ............................................................. $4
An original or duplicate identification card issued to
a person 65 years of age or older which expires
on or before the eighth anniversary of the
person’s birthday ............................................................... 8
An original or duplicate identification card issued to
a person under 18 years of age which expires on
the eighth anniversary of the person’s birthday ................ 6
A renewal of an identification card for a person
under 18 years of age which expires on the
eighth anniversary of the person’s birthday ...................... 6
An original or duplicate identification card issued to
a person under 18 years of age which expires on
or before the fourth anniversary of the person’s
birthday ............................................................................. 3
A renewal of an identification card for a person
under 18 years of age which expires on or before
the fourth anniversary of the person’s birthday................. 3
An original or duplicate identification card issued to
any person at least 18 years of age, but less than
65 years of age, which expires on the eighth
anniversary of the person’s birthday ............................... 18
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A renewal of an identification card for any person at
least 18 years of age, but less than 65 years of
age, which expires on the eighth anniversary of
the person’s birthday ..................................................... $18
An original or duplicate identification card issued to
any person at least 18 years of age, but less than
65 years of age, which expires on or before the
fourth anniversary of the person’s birthday ...................... 9
A renewal of an identification card for any person at
least 18 years of age, but less than 65 years of
age, which expires on or before the fourth
anniversary of the person’s birthday ................................. 9
A new photograph or change of name, or both ...................... 4
3. The Department shall not charge a fee for:
(a) An identification card issued to a person who has voluntarily
surrendered his or her driver’s license pursuant to NRS 483.420; or
(b) A renewal of an identification card for a person 65 years of
age or older.
4. Except as otherwise provided in NRS 483.825 [,] and
section 1.6 of this act, the increase in fees authorized in NRS
483.347 must be paid in addition to the fees charged pursuant to this
section.
5. As used in this section, “photograph” has the meaning
ascribed to it in NRS 483.125.
Sec. 9.4. There is hereby appropriated from the State General
Fund to the Department of Motor Vehicles the s um of $548,528 for
the costs associated with issuing identification cards at no charge
pursuant to the provisions of section 1.6 of this act.
Sec. 9.45. 1. There is hereby appropriated from the State
General Fund to the Office of the Secretary of State the sum of
$3,200,000 for the costs of voter education and outreach relating to
the provisions of this act, including, without limitation:
(a) The provisions that require a registered voter to verify his or
her identity by presenting a form of photo ident ification in order to
vote in person;
(b) The provisions that require a registered voter to write on the
return envelope for a mail ballot:
(1) The last four digits of the voter’s driver’s license issued
by the Department of Motor Vehicles;
(2) If the voter does not possess a driver’s license issued by
the Department of Motor Vehicles, the last four digits of the voter’s
social security number; or
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(3) If the voter does not possess a driver’s license issued by
the Department of Motor Vehicles or a soc ial security number, the
voter identification number of the voter; and
(c) The provisions that authorize certain registered voters who
are experiencing a financial hardship to obtain an identification card
issued by the Department of Motor Vehicles no charge.
2. For the purposes described in subsection 1, t he Secretary of
State may use any remaining money that was previously
appropriated from the State General Fund to pay for the costs of the
statewide top -down voter registration database and election
management system.
3. As used in this section , “photo identification” has the
meaning ascribed to it in section 1.2 of this act.
Sec. 9.5. Notwithstanding any other provision of this act, the
Secretary of State is not required to issue a digital identification card
pursuant to section 1.8 of this act until January 1, 2028.
Sec. 9.6. The provisions of this act that require a registered
voter to verify his or her identify by presenting a form of photo
identification to vote in person and the provision s of this act that
require a registered voter to include an identifying number on a mail
ballot:
1. Do not apply to any election held before the 2026 primary
election held pursuant to NRS 293.175; and
2. Apply to the 2026 primary election held pursuant to NRS
293.175 and every election held in this State thereafter.
Sec. 10. 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.
Sec. 11. 1. This section and sections 9.5, 9.6 and 10 of this
act become effective upon passage and approval.
2. Sections 9.4 and 9.45 of this act become effective on July 1,
2025.
3. Sections 1 to 9.3, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2025, for all other purposes.
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