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- 83rd Session (2025)
EMERGENCY REQUEST of Speaker of the Assembly
Assembly Bill No. 597–Assemblymember Yeager
CHAPTER..........
AN ACT relating to elections; authorizing a nonpartisan voter to
vote for the partisan offices of a major political party in a
primary election ; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Under existing law, major party candidates for partisan office are nominated at
a primary election. (NRS 293.175) A registered voter may cast a ballot in a primary
election for a major political party only if the registered voter designated on his or
her application to register to vote an affiliation with that major political party.
(NRS 293.257)
Sections 1 and 2 of this bill authorize a registered voter who has indicated on
his or her voter registration that he or she is not affiliated with a political party to
vote in a primary election for a major political party by requesting a partisan mail
ballot in the manner designated by the county clerk or appearing in person at the
polls and requesting a partisan ballot. Section 3 of this bill requires a county clerk
to prepare and distribute a partisan mail ballot to each registered nonpartisan voter
who requests such a ballot.
Section 4 of this bill removes the requirement for an automatic voter
registration agency to notify a person during the automatic voter registration
process that the person will be unable to vote at a primary election for partisan
offices of a major political party unless the person indicates a major political party
affiliation.
Existing law provides that the computer program used in a mechanical voting
system must not count unlawful votes, including votes in a primary election cast for
a candidate other than the candidate of a major political party other than the party,
if any, of the registration of the voter. (NRS 293B.130) Section 5 of this bill
removes the prohibition on counting such a vote in a primary election, but still
prohibits the computer program from counting unlawful votes.
Section 6 of this bill requires a member of an election board in a primary
election to issue a partisan ballot and, if a mechanical voting system is used, a
voting receipt with the name of the major political party, to each nonpartisan voter
who requests to vote a partisan ballot under section 1. Section 7 of this bill
provides that this requirement is an exception to the requirement for a member of
an election board to issue a nonpartisan voter a nonpartisan ballot and voting
receipt with a nonpartisan designation.
Existing law authorizes a county clerk to require partisan voters in cer tain
precincts or districts to vote in the same manner as a nonpartisan voter. (NRS
293B.310) Section 8 of this bill authorizes the county clerk to also require
nonpartisan voters who request to vote a partisan ballot to vote in such a manner.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. A registered voter who designated on his or her application
to register to vote no affiliation with a political party may vote in a
primary election for the partisan offices of a major political party
by:
(a) Submitting a request not later than the seventh Monday
before the prim ary election to receive the partisan mail ballot of
the major political party of the voter’s choice in the manner
designated by the county clerk, which may include, without
limitation, submitting the request by electronic means; or
(b) Appearing in person at the polls during the period for early
voting by personal appearance or on the day of the primary
election and requesting to vote the partisan ballot of the major
political party of the voter’s choice. Regardless of whether a
registered voter has submitted a request to receive a partisan mail
ballot pursuant to paragraph (a), a registered voter may, in lieu of
returning the partisan mail ballot, appear in person at the polls
and request to vote the partisan ballot of the major poli tical party
of the voter’s choice.
2. A registered voter may not cast more than one mail ballot
or ballot in a primary election.
3. The county clerk shall record on the statewide voter
registration list that a registered voter requested a mail ballot or
ballot in a primary election pursuant to this section and the major
political party for which the voter requested a mail ballot or ballot.
Sec. 2. NRS 293.257 is hereby amended to read as follows:
293.257 1. There must be a separate primary ballot for each
major political party. The names of candidates for partisan offices
who have designated a major political party in the declaration of
candidacy must appear on the primary ballot of the major political
party designated.
2. The county clerk may c hoose to place the names of
candidates for nonpartisan offices on the ballots for each major
political party or on a separate nonpartisan primary ballot, but the
arrangement which the county clerk selects must permit all
registered voters to vote on them.
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3. [A] Except as otherwise provided in subsection 4, a
registered voter may cast a primary ballot for a major political party
at a primary election only if the registered voter designated on his or
her application to register to vote an affiliation with that major
political party.
4. A registered voter who designated no affiliation with a
political party on his or her application to register to vote may cast
a partisan primary ballot for a major political party in a primary
election pursuant to section 1 of this act.
Sec. 3. NRS 293.269911 is hereby amended to read as
follows:
293.269911 1. Except as otherwise provided in this section,
the county clerk shall prepare and distribute to each active registered
voter in the county and each person who r egisters to vote or updates
his or her voter registration information not later than the 14 days
before the election a mail ballot for every election. The county clerk
shall make reasonable accommodations for the use of the mail ballot
by a person who is elderly or disabled, including, without limitation,
by providing, upon request, the mail ballot in 12 -point type to a
person who is elderly or disabled.
2. In addition to the requirements of subsection 1, in a
primary election the county clerk shall prep are and distribute a
partisan mail ballot to each registered nonpartisan voter who
requests such a ballot pursuant to section 1 of this act.
3. The county clerk shall allow a voter to elect not to receive a
mail ballot pursuant to this section by submitting to the county clerk
a written notice in the form prescribed by the county clerk which
must be received by the county clerk not later than 60 days before
the day of the election.
[3.] 4. The county clerk shall not distribute a mail ballot to any
person who:
(a) Registers to vote for the election pursuant to the provisions
of NRS 293.5772 to 293.5887, inclusive; or
(b) Elects not to receive a mail ballot pursuant to subsection
[2.] 3.
[4.] 5. The mail ballot must include all offices, candidates and
measures upon which the voter is entitled to vote at the election.
[5.] 6. Except as otherwise provided in subsections [2] 3 and
[3,] 4, the mail ballot must be distributed to:
(a) Each active registered voter who:
(1) Resides within the State, not later than 20 days before the
election; and
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(2) Except as otherwise provided in paragraph (c), resides
outside the State, not later than 40 days before the election.
(b) Each active registered voter who registers to vote after the
dates set for distri buting mail ballots pursuant to paragraph (a) but
who is eligible to receive a mail ballot pursuant to subsection 1, not
later than 13 days before the election.
(c) Each covered voter who is entitled to have a military -
overseas ballot transmitted pursuan t to the provisions of chapter
293D of NRS or the Uniformed and Overseas Citizens Absentee
Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time
required by those provisions.
[6.] 7. In the case of a special election where no candidate for
federal office will appear on the ballot, the mail ballot must be
distributed to each active registered voter not later than 15 days
before the special election.
[7.] 8. Any untimely legal action which would prevent the
mail ballot from being distributed to any voter pursuant to this
section is moot and of no effect.
Sec. 4. NRS 293.57693 is hereby amended to read as follows:
293.57693 1. Upon transmission of the information to the
database created by the Secretary of State pursuant to NRS 293.675
by an automatic voter registration agency, the county clerk shall
collate the information into an individual electronic document,
which shall be deemed an application to register to vote. The county
clerk shall review the voter registration information transmitted by
the automatic voter registration agency to determine whether the
person is eligible to register to vote in this State.
2. If the c ounty clerk determines that a person is eligible to
vote, the person shall be deemed a registered voter. The person’s
name must appear on the statewide voter registration list and the
appropriate roster and the person must be provided all sample
ballots and other voter information provided to registered voters.
3. In addition to the requirements of subsection 2, the county
clerk shall immediately mail a notice to the current residence of the
person. The notice must be in the form prescribed by the Secreta ry
of State and include, without limitation:
(a) A space for the person to indicate a political party affiliation;
(b) A space for the person to affirmatively decline to apply to
register to vote or have his or her voter registration updated, as
applicable;
(c) A preaddressed return envelope with postage prepaid;
(d) A statement setting forth the qualifications to vote in this
State as provided by NRS 293.485 and that if the person does not
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meet the qualifications to vote in this State, the person sho uld return
the notice and affirmatively decline in writing to register to vote;
(e) A statement explaining that unless the person affirmatively
declines in writing to apply to register to vote or have his or her
voter registration information updated, as applicable, the person is
deemed to have consented to the transmission of information to the
database created by the Secretary of State pursuant to NRS 293.675
by the automatic voter registration agency for the purpose of
registering the person to vote or updating the voter registration
information on the statewide voter registration list;
(f) A statement explaining that if the person affirmatively
declines in writing to apply to register to vote or to have his or her
voter registration information updated, as applicable, the county
clerk will remove the person from the statewide voter re gistration
list or revert the person’s information on the statewide voter
registration list to the information that was on the statewide voter
registration list before the automatic voter registration agency
transmitted the information, and the person shal l be deemed to not
have registered to vote or updated his or her voter registration
information, as applicable;
(g) A statement setting forth the penalties for submitting a false
application to register to vote; and
(h) A statement that:
(1) Indicates a political party affiliation or indicates that the
person is not affiliated with a political party is voluntary;
(2) The person may indicate a political party affiliation on
the form provided by the county clerk in the notice; and
(3) The person will not be able to vote at a [primary
election,] presidential preference primary election [or primary city
election] for candidates [for partisan offices ] of a major political
party for the offices of President and Vice President of the United
States unless the person updates his or her voter registration
information to indicate a major political party affiliation.
4. The county clerk may send the notice required pursuant to
subsection 3 by electronic mail if the person confirms the validity of
the electronic mail address to which the notice will be sent by
responding a confirmation inquiry sent to that electronic mail
address.
5. The failure or refusal of the person to acknowledge that he
or she has received the notice required by subsectio n 3 is not a
declination by the person to apply to register to vote or have his or
her voter registration information updated.
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6. If the county clerk determines that a person is not eligible to
register to vote or if the voter affirmatively declines in w riting to be
registered to vote or have his or her automatic voter registration
updated:
(a) It shall be deemed that the transmittal from the automatic
voter registration agency is not a completed voter registration
application;
(b) It shall be deemed that the person did not apply to register to
vote;
(c) It shall be deemed that the transmission of the person’s
information by the automatic voter registration system was an
official authorized act;
(d) It shall be deemed that the person did not falsely cl aim
citizenship in order to register to vote unless the person
affirmatively claimed to be a citizen to the automatic voter
registration agency; and
(e) The county clerk must remove the person’s registration from
the database created by the Secretary of S tate pursuant to NRS
293.675 or revert the person’s information on the database to the
information that was on the database before the automatic voter
registration agency transmitted the information to the county clerk,
as applicable.
Sec. 5. NRS 293B.130 is hereby amended to read as follows:
293B.130 1. Before any election where a mechanical voting
system is to be used, the county clerk shall prepare or cause to be
prepared a computer program on cards, tape or other material
suitable for use with the computer or counting device to be
employed for counting the votes cast. The program must cause the
computer or counting device to operate in the following manner:
(a) All lawful votes cast by each voter must be counted.
(b) All unlawful votes, including, without limitation, overvotes
or, in a [primary election or ] presidential preference primary
election, votes cast for a candidate of a major political party other
than the party, if any, of the registration of the voter must not be
counted.
(c) If the election is:
(1) A primary election held in an even-numbered year;
(2) A presidential preference primary election; or
(3) A general election,
the total votes, other than mail ballots, must be accumulated by
precinct.
(d) The computer or counting dev ice must halt or indicate by
appropriate signal if a ballot is encountered which lacks a code
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identifying the precinct in which it was voted and, in a [primary
election or] presidential preference primary election, identifying the
major political party of the voter.
2. The program must be prepared under the supervision of the
accuracy certification board appointed pursuant to the provisions of
NRS 293B.140.
3. The county clerk shall take such measures as he or she
deems necessary to protect the program from being altered or
damaged.
Sec. 6. NRS 293B.300 is hereby amended to read as follows:
293B.300 1. In a primary election or presidential preference
primary election, a member of the election board for a precinct shall
issue each partisan voter and, in a primary election, each
nonpartisan voter who requests to vote a partisan ballot pursuant
to section 1 of this act a ballot which contains a distinctive code
associated with the major political party of or chosen by the voter
and on which is clearly printed the name of the party.
2. If a mechanical voting system is used in a primary election
or presidential preference primary election whereby votes are
directly recorded electronically, a member of the election board
shall, if the clerk uses voting r eceipts, in addition to the ballot
described in subsection 1, issue each partisan voter and, in a
primary election, each nonpartisan voter who requests to vote a
partisan ballot pursuant to section 1 of this act a voting receipt on
which is clearly printed the name of the major political party of or
chosen by the voter.
3. The member of the election board shall direct the partisan
voter and, in a primary election, each nonpartisan voter who
requests to vote a partisan ballot pursuant to section 1 of this act
to a mechanical recording device containing the list of offices and
candidates arranged for the [voter’s] major political party of or
chosen by the voter in the manner provided in NRS 293B.190.
Sec. 7. NRS 293B.305 is hereby amended to read as follows:
293B.305 [Unless a major political party allows ] Except for a
nonpartisan voter [to vote for its candidates:] who requests to vote a
partisan ballot pursuant to section 1 of this act:
1. In a primary election, a member of the election board fo r a
precinct shall issue each nonpartisan voter a ballot with a distinctive
code and printed designation identifying it as a nonpartisan ballot.
2. If a mechanical voting system is used in a primary election
whereby votes are directly recorded electronic ally, a member of the
election board shall, if the clerk uses voting receipts, in addition to
the ballot described in subsection 1, issue the nonpartisan voter a
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voting receipt with a printed designation identifying it as a
nonpartisan ballot.
3. The member of the election board shall:
(a) Direct the nonpartisan voter to a mechanical recording
device containing a list of offices and candidates setting forth only
the nonpartisan ballot; or
(b) Direct the nonpartisan voter to a mechanical recording
device containing a list of offices and candidates arranged for a
partisan ballot, instruct the voter to vote only the nonpartisan section
of the list and advise the voter that any votes the voter may cast in
the partisan section will not be counted.
Sec. 8. NRS 293B.310 is hereby amended to read as follows:
293B.310 In a primary election, the county clerk may require
those partisan voters and those nonpartisan voters who request to
vote a partisan ballot pursuant to section 1 of this act in a precinct
or district whose designated or chosen political parties each
comprise less than 5 percent of the registered voters for that precinct
or district to vote in the manner prescribed for nonpartisan voters in
NRS 293B.305.
Secs. 9-11. (Deleted by amendment.)
Sec. 12. Notwithstanding the provisions of NRS 218D.430 and
218D.435, a committee may vote on this act before the expiration of
the period prescribed for the return of a fiscal note in NRS
218D.475. This section applies retroactively from and after May 23,
2025.
Sec. 13. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
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