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- 83rd Session (2025)
Senate Bill No. 102–Senator Daly
CHAPTER..........
AN ACT relating to elections; prohibiting a person from, with intent
to defraud, knowingly creating, filing or otherwise submitting
certain documents relating to elections; pr ohibiting a person
from creating or serving in a false slate of presidential
electors or conspiring to create or serve in a false slate of
presidential electors; prohibiting the State or a local
government from appointing to public office a person
convicted of such an offense; prohibiting a person from
interfering with the selection of presidential electors;
providing penalties; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the Uniform Faithfu l Presidential Electors Act, which:
(1) provides a system for the selection of presidential electors; and (2) sets forth the
duties of presidential electors. (NRS 298.005 -298.089) Section 3 of this bill
prohibits a person from creating or serving in a false slate of presidential electors or
conspiring to create or serve in a false slate of presidential electors. Section 3
further: (1) provides that a person is guilty of a category D felony for committing
such an offense; (2) provides that such a person shall be punished by imprisonment
in the state prison for a minimum term of not less than 1 year and a maximum term
of not more than 4 years; (3) authorizes a court to order a person convicted of such
an offense to pay a fine of not more than $5,000 and repay the costs of investigation
and prosecution incurred by the Secretary of State or the Attorney General, as
applicable; and (4) provides that if the court grants probation to a person convicted
of such an offense, the court must require, as a condition of probation, that the
person serve at least 6 months in the county jail.
Section 3 authorizes a person who believes that such an alleged violation has
occurred to notify the Secretary of State in writing on a form prescribed by the
Secretary of State. Section 3 requires the Secretary of State to investigate an
alleged violation or refer the alleged violation to the Attorney General or a district
attorney to investigate the violation for prosecutio n or institute and prosecute the
appropriate proceeding, as applicable.
Section 3 further prohibits a person convicted of creating or serving in a false
slate of presidential electors or conspiring to commit such an offense from being:
(1) elected to a public office in this State; or (2) appointed to a public office by the
State or a local government.
Existing law provides for the restoration of certain civ il rights, including the
right to hold office, to certain persons who are placed on probation, are granted
parole or pardoned or who have served the respective sentence and been released
from prison. (NRS 213.155, 213.157) Sections 5 and 6 of this bill preclude a
person convicted of a crime set forth in section 3 from obtaining the restoration of
the civil right to hold office.
Existing law sets forth the process, for each major and minor political party as
well as each independent candidate, for the selection of a nominee to the position of
presidential elector and an alternate to the nominee for each position of presidential
elector required by law. (NRS 298.035) Existing law further provides that the
nominees for presidential elector whose candidates for President and Vice President
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receive the highest number of votes in this State at the general election are the
presidential electors. (NRS 298.065) Section 4 of this bill prohibits a person from
knowingly interfering with the process set forth in existing law for the nomination
and selection of presidential electors.
Existing law sets forth provisions governing elections, including provisions
which require or authorize the filing or submission of certain documents relating to
elections. (Title 24 of NRS) Section 1 of this bill prohibits a person from, pursuant
to such provisions and with intent to defraud, knowingly creating, filing or
otherwise submitting any false document or document which contains false
signatures. Section 1 further: (1) provides that a person is guilty of a category C
felony for committing such an offense; (2) provides that such a person shall be
punished by imprisonment in the state prison for a minimum term of 1 year and a
maximum term of 5 years; and (3) authorizes a court to order a person convicted of
such an offense to pay a fine of not more than $5,000.
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 add ing
thereto a new section to read as follows:
1. Except as otherwise provided by specific statute, a person
shall not, with intent to defraud, knowingly create, file or
otherwise submit pursuant to the provisions of this title any false
document or document which contains false signatures.
2. A person who violates the provisions of subsection 1 is
guilty of a category C felony and shall be punished by
imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not m ore than 5 years. In
addition to any other penalty, a court may order the person to p ay
a fine of not more than $5,000.
Sec. 2. Chapter 298 of NRS is hereby amended by adding
thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. A person shall not:
(a) Create a false slate of presidential electors;
(b) Serve in a false slate of presidential electors; or
(c) Conspire to create or serve in a false slate of presidential
electors.
2. A person who violates subsection 1 is guilty of a category D
felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 1 year and a maximum term
of not more than 4 years. In addition to any other penalty, a court
may order the person to:
(a) Pay a fine of not more than $5,000; and
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(b) Repay the costs of investigation and prosecution incurred
by the Secretary of State or Attorney General, as applicable.
Money recovered for the reimbursement of costs of investigation
and prosecution pursuant to this paragraph must be deposited
with the State Treasurer for credit to the State General Fund.
3. If the court grants probation to a person convicted of a
crime set forth in subsection 1, the court shall require as a
condition of probation that the person s erve at least 6 months in
the county jail.
4. A person who believes that the provisions of subsection 1
have been violated may notify the Secretary of State, in writing on
a form prescribed by the Secretary of State, of the alleged
violation. The notice must be signed by the person alleging the
violation and include:
(a) The full name and address of the person alleging the
violation;
(b) The full name and address of the person or persons alleged
to have committed the violation, if known;
(c) A clear and concise statement of facts sufficient to establish
that the alleged violation occurred;
(d) Any evidence substantiating the alleged violation;
(e) A certification by the person alleging the violation that the
facts alleged in the notice are true to the best knowledge and belief
of that person; and
(f) Any other information in support of the alleged violation.
5. If it appears that the provisions of subsection 1 have been
violated or a notice of an alleged violation is received pursuant to
subsection 4, the Secretary of State shall:
(a) Conduct an investigation concerning the alleged violation
and cause the appropriate proceedings to be instituted and
prosecuted; or
(b) Refer the alleged violation to the Attorney General or a
district attorney. The Attorney General or district attorney shall,
without delay, investigate the alleged violation and institute and
prosecute the appropriate proceedings to enforce the provisions of
subsection 1.
6. The Secretary of State, when conducting an investigati on
of an alleged violation of subsection 1, may subpoena witnesses
and require the production by subpoena of any books, papers,
correspondence, memoranda, agreements or other documents
or records that the Secretary of State or a designated officer or
employee of the Secretary of State determines are relevant or
material to the investigation and are in the possession of:
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(a) Any person alleged to have committed a violation of
subsection 1; or
(b) Any person the Secretary of State or a designated officer or
employee of the Secretary of State has reason to believe possesses
the materials that are under subpoena.
7. A person convicted of a crime set forth in subsection 1 may
not be:
(a) Elected to a public office in this State; or
(b) Appointed to a publi c office by the State or a local
government.
8. As used in this section:
(a) “Conspire to create or serve in a false slate of presidential
electors” means to knowingly enter into any agreement, including,
without limitation, a written agreement, oral agreement or
agreement using electronic communications, with one or more
persons to create a false slate of presidential electors or serve in a
false slate of presidential electors.
(b) “Create a false slate of presidential electors” means to
knowingly sign, file, transmit or record with the Secretary of State,
the Archivist of the United States, the Vice President of the United
States or the Congress of the United States a list of presidential
electors whose candidates for President and Vice President of the
United States did not receive the highest number of votes in this
State at the general election pursuant to 3 U.S.C. §§ 1 et seq., or
this chapter, as applicable.
(c) “Serve in a false slate of presidential electors” means to
knowingly agree to be included on a list of presidential electors
whose candidates for President and Vice President of the United
States did not receive the highest number of votes in this State at
the general election pursuant to 3 U.S.C. §§ 1 et seq., or this
chapter, as applicable.
Sec. 4. A person shall not knowingly interfere with the
selection of:
1. A nominee to the position of presidential elector or an
alternate to the nominee pursuant to NRS 298.035; or
2. Presidential electors pursuant to NRS 298.065.
Sec. 5. NRS 213.155 is hereby amended to read as follows:
213.155 1. A person who receives a discharge from parole
pursuant to NRS 213.154:
(a) Is immediately restored to the right to serve as a juror in a
civil action.
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(b) Four years after the date of his or her discharge from parole,
is restored to the right to hold office [.] , unless the person was
convicted of a crime set forth in section 3 of this act.
(c) Six years after the date of his or her discharge from parole, is
restored to the right to serve as a juror in a criminal action.
2. Upon his or her discharge from parole, a person so
discharged must be given an official document which provides:
(a) That the person has received an honorable discharge or
dishonorable discharge, as applicable, from parole;
(b) That the person is restored to his or her civil right to serve as
a juror in a civil action as of the dat e of his or her discharge from
parole;
(c) The date on which his or her civil right to hold office will be
restored to the person pursuant to paragraph (b) of subsection 1; and
(d) The date on which his or her civil right to serve as a juror in
a crimina l action will be restored to the person pursuant to
paragraph (c) of subsection 1.
3. A person who has been discharged from parole in this State
or elsewhere and whose official documentation of his or her
discharge from parole is lost, damaged or destroy ed may file a
written request with a court of competent jurisdiction to restore his
or her civil rights pursuant to this section. Upon verification that the
person has been discharged from parole and is eligible to be restored
to the civil rights set forth in subsection 1, the court shall issue an
order restoring the person to the civil rights set forth in subsection 1.
A person must not be required to pay a fee to receive such an order.
4. A person who has been discharged from parole in this State
or elsewhere may present:
(a) Official documentation of his or her discharge from parole, if
it contains the provisions set forth in subsection 2; or
(b) A court order restoring his or her civil rights,
as proof that the person has been restored to the civil rights set
forth in subsection 1.
5. The Board may adopt regulations necessary or convenient
for the purposes of this section.
Sec. 6. NRS 213.157 is hereby amended to read as follows:
213.157 1. A person convicted of a felony:
(a) Who is placed on probation, granted parole or granted a
pardon is immediately restored to the right to vote . [;]
(b) Who has served his or her sentence and has been released
from prison:
(1) Is immediately restored to the right to serve as a juror in a
civil action.
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(2) Is immediately restored to the right to vote.
(3) Four years after the date of his or her release from prison,
is restored to the right to hold office [.] , unless the person was
convicted of a crime set forth in section 3 of this act.
(4) Six years after the date of his or her release from prison,
is restored to the right to serve as a juror in a criminal action.
2. Upon his or her release from prison, a person so released
must be given an official document which provides:
(a) That the person has been released from prison;
(b) That the person is restored to his or her civil right to serve as
a juror in a civil a ction as of the date of his or her release from
prison;
(c) The date on which his or her civil right to hold office will be
restored to the person pursuant to subparagraph (3) of paragraph (b)
of subsection 1; and
(d) The date on which his or her civil r ight to serve as a juror in
a criminal action will be restored to the person pursuant to
subparagraph (4) of paragraph (b) of subsection 1.
3. A person who has been released from prison in this State or
elsewhere and whose official documentation of his o r her release
from prison is lost, damaged or destroyed may file a written request
with a court of competent jurisdiction to restore his or her civil
rights pursuant to this section. Upon verification that the person has
been released from prison and is el igible to be restored to the civil
rights set forth in subsection 1, the court shall issue an order
restoring the person to the civil rights set forth in subsection 1. A
person must not be required to pay a fee to receive such an order.
4. A person who h as been released from prison in this State or
elsewhere may present:
(a) Official documentation of his or her release from prison, if it
contains the provisions set forth in subsection 2; or
(b) A court order restoring his or her civil rights,
as proof that the person has been restored to the civil rights set
forth in subsection 1.
Sec. 7. This act becomes effective upon passage and approval.
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