Existing law requires a county clerk to cancel the registration of a voter upon the determination that the person has been convicted of a felony and is currently incarcerated. (NRS 293.540) Unless the person has been convicted of a felony, existing law does not prohibit a prisoner in a county or city jail from registering to vote or voting in an election. Section 1 of this bill requires each person who administers a county or city jail to establish a policy that ensures a prisoner in the jail who is a registered voter may vote in each primary election, presidential preference primary election, general city election, primary city election, general election or special election. Each such policy must: (1) be developed in coordination with the county clerk and, if applicable, the city clerk; (2) be consistent with existing provisions of law relating to elections; (3) ensure the safety of any election board officer or other person who assists in the conduct of voting at the jail; and (4) ensure the secrecy of the ballot of each prisoner. Section 1 further requires each person who administers a county or city jail to submit a copy of the policy established pursuant to section 1 on or before October 1 of each odd-numbered year to the Secretary of State and the Director of the Legislative Counsel Bureau. Finally, section 1 clarifies that nothing in section 1 authorizes a person convicted of a felony in this State who has not had his or her right to vote or register to vote restored to vote or register to vote. Section 5.5 of this bill requires, on or before January 1, 2024, each person who administers a county or city jail to: (1) establish the policy required pursuant to section 1 that will apply to the 2024 Presidential Preference Primary Election, 2024 Primary Election, 2024 Primary City Election, 2024 General Election and 2024 General City Election; and (2) submit a copy of the policy to the Secretary of State and the Director of the Legislative Counsel Bureau.

Statutes affected:
As Introduced: 293.274, 293.563, 293C.269
BDR: 293.274, 293.563, 293C.269