Existing law requires, under certain circumstances, that a person provide certain information to vote in person which may include, depending on the circumstances, proof of residency and identity, answering questions covering the personal data of the voter or providing additional personal data. (NRS 293.2725, 293.277, 293.285, 293.303, 293.3075, 293.3081, 293.3082, 293.3085, 293.3585, 293.541, 293C.270, 293C.275, 293C.292, 293C.3035, 293C.3585) Sections 40, 42, 44, 45, 48, 53, 111, 113, 114, 117 and 120 of this bill require, with certain exceptions, that a person provide one of the forms of proof of identity specified in section 4 of this bill to vote in person. Section 46 of this bill requires the Secretary of State and each county and city clerk to ensure that instructions concerning the proof of identity required to vote are posted at each polling place. Sections 29, 31, 43, 52, 63-72, 107, 112 and 118 of this bill make various conforming changes to existing provisions to reflect the requirement to provide proof of identity to vote in person.
Sections 27 and 28 of this bill: (1) require the Department of Motor Vehicles to issue an identification card, free of charge, to a registered voter who does not possess one of the acceptable forms of proof of identity and who is experiencing financial hardship; and (2) require the registered voter to submit certain information with an application for the identification card. Section 131 of this bill makes conforming changes to reflect that such an identification card must be issued free of charge.
Sections 47 and 115 of this bill provide that a person applying to vote whose identity has been challenged must furnish proof of identity in response to such a challenge.
Section 49 of this bill authorizes, under certain circumstances, a person who fails to provide proof of identity when voting in person to cast a provisional ballot. Section 50 of this bill makes conforming changes to the information that must be provided to a person who casts a provisional ballot. Section 51 of this bill provides that the provisional ballot of such a voter must be counted if the person provides proof of identity to the county or city clerk, not later than 5 p.m. on the Friday following election day.
Section 74 of this bill clarifies that voting the absent ballot of another person is a category D felony.
Existing law establishes procedures for the preparation and distribution of mail ballots to each active registered voter for every election, as well as procedures for voting, returning, verifying, and counting the mail ballots. (NRS 293.269911-293.269937, 293C.263-293C.26337) Section 132 of this bill repeals these provisions. Sections 5-26 and 80-103 of this bill set forth the process for requesting, voting, returning, verifying and counting absent ballots. Sections 30, 32-34, 36, 39, 54-62, 73, 76-78, 105, 106, 108-110, 116, 119 and 121-130 of this bill make conforming changes to incorporate absent ballots into the relevant provisions of Nevada Revised Statutes relating to elections. The provisions of this bill relating to absent ballots are modeled after similar provisions of law that existed before the Legislature enacted provisions relating to mail ballots in the 81st session of the Legislature.
Existing law provides that a mail ballot that is mailed to the county or city clerk must be postmarked on or before the day of the election. (NRS 293.269921, 293C.26321) Sections 16 and 91 of this bill provide that an absent ballot that is mailed to the county or city clerk must be postmarked at least 3 days before the day of the election.
Existing law provides that a person authorized by a voter may return a mail ballot on behalf of the voter. (NRS 293.269923, 293C.26323) Sections 20 and 97 of this bill instead provide that, with certain exceptions, only the voter or, with the authorization of the voter, a member of the immediate family of the voter may return an absent ballot on behalf of the voter. Sections 20 and 97 also prohibit a person from returning more than two absent ballots on behalf of a member of his or her immediate family.
Statutes affected: As Introduced: 293.010, 293.093, 293.177, 293.217, 293.250, 293.2693, 293.2694, 293.269951, 293.269971, 293.269973, 293.272, 293.2725, 293.2733, 293.277, 293.283, 293.285, 293.287, 293.3025, 293.303, 293.3075, 293.3081, 293.3082, 293.3085, 293.356, 293.3585, 293.3625, 293.365, 293.391, 293.462, 293.464, 293.4688, 293.469, 293.5002, 293.502, 293.505, 293.517, 293.541, 293.5768, 293.57682, 293.57684, 293.57691, 293.5837, 293.5842, 293.5847, 293.730, 293.775, 293B.130, 293B.360, 293B.380, 293C.110, 293C.112, 293C.185, 293C.220, 293C.265, 293C.2675, 293C.270, 293C.272, 293C.275, 293C.277, 293C.292, 293C.302, 293C.3035, 293C.356, 293C.3564, 293C.3585, 293C.3615, 293C.365, 293C.390, 293C.640, 293C.700, 293C.720, 293D.300, 298.250, 298.600, 298.690, 483.820
BDR: 293.010, 293.093, 293.177, 293.217, 293.250, 293.2693, 293.2694, 293.269951, 293.269971, 293.269973, 293.272, 293.2725, 293.2733, 293.277, 293.283, 293.285, 293.287, 293.3025, 293.303, 293.3075, 293.3081, 293.3082, 293.3085, 293.356, 293.3585, 293.3625, 293.365, 293.391, 293.462, 293.464, 293.4688, 293.469, 293.5002, 293.502, 293.505, 293.517, 293.541, 293.5768, 293.57682, 293.57684, 293.57691, 293.5837, 293.5842, 293.5847, 293.730, 293.775, 293B.130, 293B.360, 293B.380, 293C.110, 293C.112, 293C.185, 293C.220, 293C.265, 293C.2675, 293C.270, 293C.272, 293C.275, 293C.277, 293C.292, 293C.302, 293C.3035, 293C.356, 293C.3564, 293C.3585, 293C.3615, 293C.365, 293C.390, 293C.640, 293C.700, 293C.720, 293D.300, 298.250, 298.600, 298.690, 483.820