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 residence and identity, answering questions covering the voter's personal data or providing additional personal data. (NRS 293.2725, 293.277, 293.303, 293.3081, 293.3082, 293.3085, 293.330, 293.353, 293.3585, 293.541, 293C.270, 293C.292, 293C.330, 293C.3585) Sections 9-13, 16, 20, 21, 23, 26, 33-35 and 37-40 of this bill require, with certain exceptions, that a person provide one of the forms of proof of identity specified in section 2 of this bill to vote in person. Section 2 sets forth the acceptable forms of proof of identity which are: (1) certain government-issued documents or identity cards that show a recognizable photograph of the person to whom the document or card is issued; (2) a voter identification card; or (3) certain documentation from an administrator of certain health care facilities that are licensed by the State. Sections 8, 14, 22, 24, 25 and 27-32 of this bill make conforming changes to existing provisions to reflect the requirement to provide proof of identity to vote in person. Sections 3-6 of this bill: (1) require the Department of Motor Vehicles to issue a voter identification card, free of charge, to a person who does not possess one of the forms of required photographic identification; (2) set forth requirements for the issuance and content of voter identification cards; and (3) require that the Secretary of State adopt regulations to carry out the provisions of those sections. Sections 15 and 36 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 17 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 18 of this bill makes conforming changes to the information that must be provided to a person who casts a provisional ballot. Section 19 of this bill provides that the provisional ballot of such a voter must be counted if the person provides to the county or city clerk, not later than 5 p.m. on the Friday following the election: (1) proof of identity; or (2) an affidavit stating that the voter cannot provide proof of identity because he or she is indigent or has a religious objection to being photographed. The provisions of this bill which require that a person present, with certain exceptions, one of the forms of identity to vote in person are similar to the provisions of an Indiana law which the United States Supreme Court has determined does not unconstitutionally burden a person's right to vote, in part because a person can obtain one of the forms of required proof of identity free of charge and the requirements to provide proof of identity do not apply to persons who vote by absent ballots. (Crawford v. Marion County Election Bd., 553 U.S. 181 (2008))

Statutes affected:
As Introduced: 293.010, 293.177, 293.2725, 293.277, 293.283, 293.285, 293.287, 293.3025, 293.303, 293.3075, 293.3081, 293.3082, 293.3085, 293.330, 293.353, 293.356, 293.3585, 293.517, 293.5235, 293.541, 293.5837, 293.5842, 293.5847, 293.8851, 293C.185, 293C.270, 293C.272, 293C.275, 293C.277, 293C.292, 293C.3035, 293C.330, 293C.356, 293C.3585