Existing law requires the Secretary of State to prescribe: (1) the form of all mail ballots; and (2) the placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State. (NRS 293.250) Sections 1.5 and 4 of this bill require the form of all envelopes in which mail ballots are sent to voters and all return envelopes for mail ballots to, with certain exceptions, be uniform throughout the State. Sections 1.5 and 4 also require the Secretary of State to prescribe a method for distinguishing the return envelopes of each county or city, as applicable. Section 1.1 of this bill authorizes the Secretary of State to enter into one or more contracts for the purchase of all ballots and return envelopes used in any statewide and local election held in this State. Section 1.1 provides that if such a contract or contracts requires the vendor to distribute mail ballots on behalf of a county or city clerk, the contract or contracts must require the vendor to deposit the mail ballots for mailing at a location within this State. Section 5.3 of this bill makes an appropriation to the Office of the Secretary of State to enter into such a contract or contracts. Section 1.1 further authorizes each board of county commissioners and governing body of an incorporated city to elect to use the ballots and return envelopes purchased by the Secretary of State for all statewide and local elections held in a given year by notifying the Secretary of State in writing not less than 8 months before the date of a presidential preference primary election in a presidential election year or primary election in any other election year. Section 5.5 of this bill provides that a board of county commissioners or governing body of an incorporated city that elects to use the ballots purchased by the Secretary of State for all elections held in 2024 must notify the Secretary of State 6 months before the date of the presidential preference primary election in 2024. Existing law requires a county clerk and city clerk to keep continuously posted certain signs and notices which indicate that electioneering is prohibited between the boundary marked by the sign and the entrance to a polling place. (NRS 293.361, 293.740, 293C.361) Sections 2, 3 and 5 of this bill require the county clerk and city clerk to ensure that any signs and notices posted are: (1) at least 17 inches by 11 inches in size; (2) placed on a window or door of the polling place or freestanding; and (3) visible to a person approaching the boundary marked by the sign. Existing law defines “electioneering” to include buying, selling, wearing or displaying any badge, button or other insigne which is designed or tends to aid or promote the success or defeat of any political party or a candidate or ballot question to be voted upon at an election. (NRS 293.740) Section 3 revises this definition to provide instead that “electioneering” includes buying, selling, wearing or displaying any badge, button or other insigne which expressly refers to any political party or a candidate or ballot question to be voted upon at that election. Existing law requires each county clerk to conduct a risk-limiting audit of the results of an election prior to the certification of the results of the election. (NRS 293.394) Section 2.5 of this bill removes the requirement to conduct such an audit prior to the certification of the results. Existing law provides a penalty for a person who tampers or interferes or attempts to tamper or interfere with any computer program used to count ballots. (NRS 293.755) Section 3.5 of this bill instead prohibits a person from tampering or interfering or attempting to tamper or interfere with any computer program used to conduct an election. Existing law authorizes uniformed-service voters and certain other voters to vote in an election using a system of approved electronic transmission, a federal postcard application or the federal write-in absentee ballot. (Chapter 293D of NRS) Section 5.1 of this bill revises the definition of “uniformed-service voter” to include a member of the active or reserve component of the Space Force of the United States who is on active duty. Beginning on January 1, 2024, existing law expands the agencies which provide automatic voter registration services and establishes certain requirements for an automatic voter registration agency to transmit certain voter registration information to the Secretary of State and county clerks. (Chapter 555, Statutes of Nevada 2021, at page 3849) Section 5.2 of this bill delays the effective date of these provisions until January 1, 2025. Existing federal law requires a certificate of ascertainment of appointment of presidential electors to be issued and transmitted to the Archivist of the United States not later than 6 days before the time fixed for the meeting of the electors, which is the first Tuesday after the second Wednesday in December. (3 U.S.C. §§ 5, 7) Existing state law authorizes a candidate defeated at any election to demand and receive a recount within 3 working days after the canvass of the vote. For purposes of demanding a recount in a general election, “canvass” means: (1) the canvass by the Supreme Court of the returns for a candidate for a statewide office; or (2) the canvass of the board of county commissioners of the returns for any other candidate. (NRS 293.403) The canvass by: (1) a board of county commissioners must be completed on or before the 10th day following the election; and (2) the Supreme Court is the 4th Tuesday of November after each general election. (NRS 293.387, 293.395) Each recount must be commenced within 5 days after demand, and completed within 5 days after it begins. (NRS 293.405) Existing state law further authorizes, with certain exceptions, a candidate or registered voter to contest an election by filing a statement of contest not later than 5 days after a recount is completed, and not later than 14 days after the election if no recount is demanded. (NRS 293.407, 293.413) If an election contest is filed, the court is required to set the matter for hearing not less than 5 days and not more than 10 days after the filing of the statement of contest. (NRS 293.413) Section 1.3 of this bill establishes a different timeline for filing a recount or an election contest that applies only to the election of presidential electors. Specifically, section 1.3 provides that a candidate for the office of presidential elector may demand and receive a recount if, on or before the 13th day following the election, the candidate files the written demand to and deposits the estimated costs of the recount with the Secretary of State. Any such recount must be: (1) commenced within 1 day after the demand is filed; and (2) completed within 5 days after the recount begins. Section 1.3 further authorizes a candidate or any registered voter to contest the election of a candidate to the office of presidential elector not more than 2 working days after the canvass of the returns by the Supreme Court. Such an election contest must be: (1) scheduled for a judicial hearing not more than 5 days after the filing of the statement of contest; and (2) decided before the deadline to issue and submit the certificate of ascertainment pursuant to federal law. Pursuant to section 1.3, for purposes of the 2024 General Election, which will be held on November 5, 2024, the deadline: (1) to demand a recount for the office of presidential elector is November 18, 2024; (2) to begin a recount for the office of presidential elector is November 19, 2024; (3) to complete a recount for the office of presidential elector is November 24, 2024; (4) to contest the election for the office of presidential elector is December 2, 2024; and (5) for the court to set any such contest for hearing is December 7, 2024. Further, the deadline under federal law to issue and transmit the certificate of ascertainment is December 11, 2024, so, pursuant to section 1.3, the court must determine the result of any election contest of the office of presidential elector before December 11, 2024. Sections 2.6-2.85 and 3.7 of this bill make conforming changes to reflect the changes in section 1.3 to the schedule for filing a demand for a recount or an election contest for the office of presidential elector.

Statutes affected:
As Introduced: 293.269913, 293.361, 293.740, 293C.26312, 293C.361
Reprint 1: 293.269913, 293.361, 293.740, 293C.26312, 293C.361
Reprint 2: 293.269913, 293.361, 293.740, 293C.26312, 293C.361
Reprint 3: 293.269913, 293.361, 293.740, 293C.26312, 293C.361
Reprint 4: 293.269913, 293.361, 293.394, 293.403, 293.404, 293.405, 293.407, 293.413, 293.740, 293.755, 293B.400, 293C.26312, 293C.361, 293D.090
As Enrolled: 293.269913, 293.361, 293.394, 293.403, 293.404, 293.405, 293.407, 293.413, 293.740, 293.755, 293B.400, 293C.26312, 293C.361, 293D.090
BDR: 293.269913, 293.361, 293.740, 293C.26312, 293C.361