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 1 of this bill requires the Secretary of State to adopt regulations to ensure certain duties relating to an election are completed and carried out in a timely manner. Section 1 requires a public officer or other person to notify the Secretary of State and the Attorney General whether he or she will be able to perform such a duty 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 set forth in the regulations adopted by the Secretary of State, fails to perform his or her duty in a timely manner by the deadline, the Secretary of State must: (1) notify the governing body of the county or city that employs or oversees the public officer or other person or the public officer, if the public officer is not employed or overseen by the governing body of the county or city; and (2) offer to assist the public officer or other person in carrying out the duty. Section 1 further provides that after providing notice: (1) if the governing body or public officer fails to initiate action, the Secretary of State is required to refer a complaint for prosecution to the Attorney General; and (2) the Secretary of State may seek a writ of mandamus to compel the public officer or other person to perform the duty if the public officer or other person fails to initiate action to perform the duty not more than 72 hours after receiving notice from the Secretary of State. 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
Reprint 1: 293.800, 293B.1045
Reprint 2: 293B.1045
As Enrolled: 293B.1045
BDR: 293.800, 293B.1045