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- 83rd Session (2025)
Senate Bill No. 100–Senator Daly
CHAPTER..........
AN ACT relating to elections; establishing provisions governing the
performance of certain election duties in a timely manner;
requiring the approval of the Secretary of State relating to
certain vendors of mechanical voting systems and mechanical
recording devices used in an election; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, a public officer or other person, upon whom any duty is
imposed under the provisions governing the election laws of this State, who
willfully neglects his or her duty or willfully performs the duty in such a way as to
hinder the objects and purposes of the election laws is guilty of a category E felony,
which is punishable by a minimum term of imprisonment of 1 year and a maximum
term of not more than 4 years and may be subject to a fine of not more than $5,000.
If the person is a public officer a nd is convicted of this offense, his or her office is
forfeited. (NRS 293.800)
Section 1 of this bill requires the Secretary of State to adopt regulations to
ensure certain duties relating to an election are completed and carried out in a
timely manner. Section 1 requires a public officer or other person to notify the
Secretary of State and the Attorney General whether he or she will be able to
perform such a duty by the deadline. Section 1 also provides that if a public officer
or other person who repres ents or is employed by a county or city, upon whom a
duty set forth in the regulations adopted by the Secretary of State , fails to perform
his or her duty in a timely manner by the deadline, the Secretary of State must: (1)
notify the governing body of the county or city that employs or oversees the public
officer or other person or the public officer, if the public officer is not employed or
overseen by the governing body of the county or city; and (2) offer to assist the
public officer or other person in carrying out the duty. Section 1 further provides
that after providing notice: (1) if the governing body or public office r fails to
initiate action, the Secretary of State is required to refer a complaint for prosecution
to the Attorney General ; and (2) the Secretary of State may seek a writ of
mandamus to compel the public officer or other person to perform the duty if the
public officer or other person fails to i nitiate action to perform the duty not more
than 72 hours after receiving notice from the Secretary of State.
Existing law requires: (1) all mechanical voting systems and mechanical
recording devices purchased or leased in or used in any election of this State to be
approved by the Secretary of State; and (2) a city or county that wishes to change or
improve a mechanical voting system or mechanical recording device that has been
approved by the Secretary of State t o obtain the approval of the Secretary of State.
(NRS 293B.1045) Section 3 of this bill requires: (1) a vendor of a mechanical
voting system or mechanical recording device to also be approved by the Secretary
of State; and (2) a city or county that wishes to change the vendor of the
mechanical voting system or mechanical recording device to obtain the approval of
the Secretary of State.
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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. The Secretary of State shall adopt regulations to ensure
that election duties are completed and carried out in a timely
manner in accordance with any deadline set forth in this title or a
regulation adopted pursuant to this title . The regulations adopted
by the Secretary of State must, without limitation:
(a) Set forth the types of election duties that must be carried
out in a timely manner;
(b) Set forth any procedural steps necessary to carry out an
election duty set forth pursuant to paragraph (a) in a timely
manner;
(c) Establish the timelines for carrying out the election duties
and procedural steps set forth pursuant to paragraphs (a) and (b);
(d) Establish the circumstances that constitute performing a n
election duty set forth pursuant to paragraph (a) in a timely
manner;
(e) Establish the circumstances or events that may cause an
unforeseen delay, through no fault o f a public officer or other
person who represents or is employed by a county or city or agency
thereof, including, without limitation, a county or city clerk, in
performing a n election duty set forth pursuant to paragraph (a)
resulting in a failure to carr y out the election duty in a timely
manner;
(f) Establish an electronic method for a public officer or other
person who represents or is employed by a county or city or agency
thereof, to provide the notice required pursuant to subsection 2 to
the Secretary of State and the Attorney General; and
(g) Set forth any other duties relating to the policy of elections
in this State that must be completed in accordance with the
provisions of this title or any regulation adopted pursuant to this
title but are not subject to the timelines established pursuant to
paragraph (c).
2. A public officer or other person who represents or is
employed by a county or city or agency thereof, including, without
limitation, a county or city clerk, shall notify the Secretary of State
and the Attorney General whether the public officer or other
person will be able to perform an election duty set forth in the
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regulations adopted by the Secretary of State pursuant to
subsection 1 by the deadline established by this title or any
regulation adopted pursuant to this title.
3. If a public officer or other person who represents or is
employed by a county or city or agency thereof and upon whom
any election duty set forth in the regulations adopted by the
Secretary of State pursuant to subsection 1 is imposed fails to
carry out that election duty in a timely manner in accordance with
the applicable deadlines set forth in this title or any regulation
adopted pursuant to this title for the performance of such duties,
the Secretary of State shall immediately provide notice to:
(a) In the case of a public officer or other person that is
employed or overseen by a governing body of a county or city, the
governing body of the county or city that employs or oversees the
public officer or other person; and
(b) In the case of an elected public officer that is not employed
or overseen by a governing body of a county or city , the public
officer.
4. The notice provided pursuant to subsection 3 must:
(a) Request:
(1) If the gove rning body of a county or city employs or
oversees the public officer or other person, that the governing
body compel the public officer or other person to carry out the
election duty; or
(2) If a governing body of a county or city does not employ
or oversee the public officer, that the public officer carry out the
election duty.
(b) Include, without limitation:
(1) Sufficient detail regarding the election duty that is not
being performed by the applicable deadline; and
(2) An offer from the Secretary of State to assist the public
officer or other person in carrying out the election duty.
5. If, not more than 48 hours after sending the notice
required:
(a) Pursuant to paragraph (a) of subsection 3, the governing
body of the county or city f ails to initiate action to compel the
public officer or other person to carry out a n election duty, the
Secretary of State shall refer a complaint against the members of
the governing body to the Attorney General for prosecution
pursuant to NRS 283.440 and 293.800.
(b) Pursuant to paragraph (b) of subsection 3, the public
officer fails to initiate action to carry out the election duty, the
Secretary of State shall immediately refer a complaint against the
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public officer to the Attorney General for prosecution pursuant to
NRS 283.440 and 293.800.
6. The Attorney General shall initiate proceedings not more
than 30 days after a complaint is referred to the Attorney General
by the Secretary of State pursuant to subsection 5.
7. In addition to the remedies set forth in subsection 5, if, not
more than 72 hours after receiving notice pursuant to subsection
3, a public officer or other person fails to initiate action to perform
an election duty set forth in the regulations adopted by the
Secretary of State pursuant to subsection 1 in a timely manner in
accordance with the deadlines set forth in statute or regulation for
the performance of such duties , the Secretary of State may seek a
writ of mandamus to compel the public officer or other person to
perform the election duty.
8. As used in this section, “election duty” means a ministerial
duty relating to an election that is required to be carried out
pursuant to this title or a regulation adopted pursuant thereto.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 293B.1045 is hereby amended to read as follows:
293B.1045 1. No mechanical voting system or mechanical
recording device may be purchased or leased in or used in any
election of this State unless the mechanical voting system or
mechanical recording device and the vendor of the mechanical
voting system or mechanical recording device is approved by the
Secretary of State.
2. A [person who owns or has an interest in ] vendor of a
mechanical voting system or mechanical recording device may
submit an application to the Secretary of State for approval of the
vendor and to have the system or device examined for approval for
use during the elections of this State. The Secretary of State shall
approve or disapprove the vendor and use of such a system or
device not later than 120 days after the application is submitted.
3. As a condition to approval, the [person] vendor shall have
the mechanical voting system or mechanical recording device
independently examined by a person approved by the Secretary of
State. The examiner shall:
(a) Review and analyze any elect ronic or computerized features
of the system or device; and
(b) Prepare and submit to the Secretary of State a report of the
results of the examination which includes a statement of the opinion
of the examiner regarding the feasibility of using such a sys tem or
device during the elections of this State, with consideration for the
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safe and proper operation of the system or device under the
conditions prescribed by the applicable election laws.
4. Any cost for the independent examination of a mechanical
voting system or mechanical recording device conducted pursuant to
subsection 3 must be paid by the [person] vendor who submits an
application [to have the system or device approved] for approval by
the Secretary of State.
5. The Secretary of State shall approve a mechanical voting
system or mechanical recording device for use during the elections
of this State if:
(a) The report prepared pursuant to subsection 3 states that the
system or device can be used safely and properly in this State; and
(b) The Secretary of State determines after independently
examining the system or device that it can be used safely and
properly in this State.
6. Before a city or county may change a vendor or otherwise
change or improve a mechanical voting system or mechanical
recording device that has been approved by the Secretary of State
pursuant to this section, the city or county must obtain approval
from the Secretary of State. If any such change or improvement
does not comply with the requirements of this section, the S ecretary
of State shall not approve the vendor or the use or sale of any
system or device that incorporates the change or improvement in
this State.
7. The Secretary of State may reexamine a mechanical voting
system or mechanical recording device or any part thereof at any
time for the purpose of approving a change or improvement
pursuant to subsection 6 or to ensure that the system or device
continues to comply with the election laws of this State.
8. The Secretary of State and any examiner of a mechan ical
voting system or mechanical recording device must not have any
pecuniary interest in the system or device examined.
9. The Secretary of State may establish regulations to carry out
the provisions of this section.
10. As used in this section, “vend or” means a person who
owns or has an interest in a mechanical voting system or
mechanical recording device.
Sec. 4. 1. This section becomes effective upon passage and
approval.
2. Sections 1 and 2 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
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(b) On January 1, 2026, for all other purposes.
3. Section 3 of this act becomes effective on July 1, 2025.
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