Existing law establishes the Uniform Faithful 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 1 of this bill prohibits a person from creating a false slate of presidential electors, serving in a false slate of presidential electors or conspiring to create or serve in a false slate of presidential electors. Section 1 further: (1) provides that a person is guilty of a category B 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 4 years and a maximum term of not more than 10 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) prohibits a court from granting probation to a person convicted of such an offense. Section 1 authorizes a person who believes that such an alleged violation has occurred to notify the Secretary of State in writing. Section 1 requires the Secretary of State to investigate an alleged violation or refer the alleged violation to the Attorney General to investigate and refer a violation for prosecution or institute and prosecute the appropriate proceedings, as applicable. Section 1 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 public office in this State; (2) appointed to a public office by the State or a local government; or (3) employed by the State or a local government. Existing law provides for the restoration of certain civil rights, including the right to hold office, to certain persons who are placed on probation, are granted parole or pardon or have served the respective sentence and been released from prison. (NRS 213.155, 213.157) Sections 2 and 3 of this bill preclude a person convicted pursuant to section 1 from obtaining the restoration of the civil right to hold office.

Statutes affected:
As Introduced: 213.155, 213.157
Reprint 1: 213.155, 213.157
As Enrolled: 213.155, 213.157
BDR: 213.155, 213.157