Under existing law, a public officer or other person, upon whom any duty is imposed under the provisions governing the election laws of this State, who willfully neglects his or her duty or willfully performs the duty in such a way as to hinder the objects and purposes of the election laws is guilty of a category E felony, which is punishable by a minimum term of imprisonment of 1 year and a maximum term of not more than 4 years and may be subject to a fine of not more than $5,000. If the person is a public officer and is convicted of this offense, his or her office is forfeited. (NRS 293.800) Section 2 of this bill provides that a public officer or other person who is charged with duties relating to an election who fails to perform his or her duties in a timely manner by the applicable deadline set forth in statute is also guilty of a category E felony and subject to these penalties. Section 1 of this bill requires a public officer or other person to notify the Secretary of State and the Attorney General if he or she will not be able to perform a duty imposed under existing law relating to elections by the deadline. Section 1 also provides that if a public officer or other person who represents or is employed by a county or city, upon whom a duty is imposed under the provisions governing the election laws in this State, fails to perform his or her duty in a timely manner in accordance with the applicable deadlines set forth in statute, the Secretary of State may: (1) petition the district court for an order relieving that public officer or other person of his or her duties and directing the Secretary of State to perform the duties on behalf of the public officer or person; and (2) charge the county or city represented by or who employs the public officer or person for the costs incurred by the Secretary of State in performing those duties. Section 1 further provides that: (1) if the Secretary of State relieves a public officer or other person of his or her duties and fails to perform those duties in a timely manner, the Attorney General may petition the district court for an order relieving the Secretary of State of those duties and directing the Attorney General to perform the duties; and (2) if neither the Secretary of State nor the Attorney General takes action, any registered voter may file an action with the district court for the county for the appointment of a special master to perform the duties of the public officer or other person. Existing law requires: (1) all mechanical voting systems and mechanical recording devices purchased or leased in or used in any election of this State to be approved by the Secretary of State; and (2) a city or county that wishes to change or improve a mechanical voting system or mechanical recording device that has been approved by the Secretary of State to obtain the approval of the Secretary of State. (NRS 293B.1045) Section 3 of this bill requires: (1) a vendor of a mechanical voting system or mechanical recording device to also be approved by the Secretary of State; and (2) a city or county that wishes to change the vendor of the mechanical voting system or mechanical recording device to obtain the approval of the Secretary of State.

Statutes affected:
As Introduced: 293.800, 293B.1045
BDR: 293.800, 293B.1045