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 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 prosecution 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 civil 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 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.

Statutes affected:
As Introduced: 213.155, 213.157
BDR: 213.155, 213.157