Signed by Governor Steve Sisolak

Vote Smart's Synopsis:

Vote to pass a bill that specifies the changes made to the state's election laws during the COVID-19 pandemic are now permanent.

Highlights:

• Requires the county clerk to create the following for a primary or general election (Sec. 2.2):

• In a county whose population is 700,000 or more, at least 25 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting;

• In a county whose population is 100,000 or more but less than 700,000, at least 15 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting; and

• In a county whose population is less than 100,000, at least 1 permanent polling place for early voting by personal appearance.

• Requires a mail ballot to be distributed to (Sec. 3-5):

• Each active registered voter who:

• Resides within the State, not later than 20 days before the election; and

• Resides outside the State, not later than 40 days before the election.

• Each active registered voter who registers to vote after the dates set for distributing mail ballots but who is eligible to receive a mail ballot not later than 13 days before the election.

• Each covered voter is entitled to have a military-overseas ballot transmitted not later than the time required by those provisions.

• Requires the county clerk to send to each active registered voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed (Sec. 4):

• A mail ballot;

• A return envelope;

• An envelope or sleeve into which the mail ballot is inserted to ensure its secrecy; and

• Instructions.

• Requires a ballot dropbox to be (Sec. 8-5):

• Placed in an accessible and convenient location at the office of the county clerk or a polling place in the county; and

• Made available for use during the hours when the office of the county clerk, or the polling place, is open for business or voting, as applicable.

• Prohibits a person from willfully (Sec. 9-2):

• Impeding, obstructing, preventing, or interfering with the return of a voter’s mail ballot;

• Denying a voter the right to return the voter’s mail ballot; or

• If the person receives the voter’s mail ballot and authorization to return the mail ballot on behalf of the voter by mail or personal delivery, fail to return the mail ballot, unless otherwise authorized by the voter, by mail or personal delivery:

• Before the end of the third day after the day of receipt, if the person receives the mail ballot from the voter four or more days before the day of the election; or

• Before the deadline established by the United States Postal Service for the mail ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mail ballot from the voter three or fewer days before the day of the election.

• Specifies if the clerk determines that the voter is entitled to cast the mail ballot, the clerk must deposit the mail ballot in the proper ballot box or place the mail ballot, unopened, in a container that must be securely locked or under the control of the clerk at all times. The clerk will deliver the mail ballots to the mail ballot central counting board to be processed and prepared for counting (Sec. 11-5).

• Requires each mail ballot central counting board to process the mail ballots in the following manner (Sec. 14):

• The name of the voter, as shown on the return envelope, must be checked as if the voter were voting in person;

• An election board officer will indicate in the roster “Received” by the name of the voter;

• If the board determines the voter is entitled to cast a mail ballot and all other processing steps have been completed, the return envelope must be opened and the mail ballot counted;

• An election board officer shall indicate “Voted” by the name of the voter; and

• When all mail ballots delivered to the board have been voted or rejected, the empty envelopes and the envelopes containing rejected mail ballots must be returned to the clerk.

• Specifies if a county clerk uses an electronic device in an election to verify signatures on mail ballots (Sec. 17):

• The county clerk must conduct a test of the accuracy of the electronic devices before the election. The test must be conducted in a manner that ensures the electronic device will use the same standards for determining the validity of a signature as would be used by a natural person verifying the signature; and

• The county clerk must perform daily audits of each electronic device during the processing of mail ballots for the election. The daily audit must include a review of a sample of at least 1 % of the signatures verified each day. The county clerk will appoint election board officers who must not all be of the same political party to manually review the signatures. The county clerk must prepare a report of each daily audit.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that specifies the changes made to the state's election laws during the COVID-19 pandemic are now permanent.

Highlights:

• Requires the county clerk to create the following for a primary or general election (Sec. 2.2):

• In a county whose population is 700,000 or more, at least 25 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting;

• In a county whose population is 100,000 or more but less than 700,000, at least 15 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting; and

• In a county whose population is less than 100,000, at least 1 permanent polling place for early voting by personal appearance.

• Requires a mail ballot to be distributed to (Sec. 3-5):

• Each active registered voter who:

• Resides within the State, not later than 20 days before the election; and

• Resides outside the State, not later than 40 days before the election.

• Each active registered voter who registers to vote after the dates set for distributing mail ballots but who is eligible to receive a mail ballot not later than 13 days before the election.

• Each covered voter is entitled to have a military-overseas ballot transmitted not later than the time required by those provisions.

• Requires the county clerk to send to each active registered voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed (Sec. 4):

• A mail ballot;

• A return envelope;

• An envelope or sleeve into which the mail ballot is inserted to ensure its secrecy; and

• Instructions.

• Requires a ballot dropbox to be (Sec. 8-5):

• Placed in an accessible and convenient location at the office of the county clerk or a polling place in the county; and

• Made available for use during the hours when the office of the county clerk, or the polling place, is open for business or voting, as applicable.

• Prohibits a person from willfully (Sec. 9-2):

• Impeding, obstructing, preventing, or interfering with the return of a voter’s mail ballot;

• Denying a voter the right to return the voter’s mail ballot; or

• If the person receives the voter’s mail ballot and authorization to return the mail ballot on behalf of the voter by mail or personal delivery, fail to return the mail ballot, unless otherwise authorized by the voter, by mail or personal delivery:

• Before the end of the third day after the day of receipt, if the person receives the mail ballot from the voter four or more days before the day of the election; or

• Before the deadline established by the United States Postal Service for the mail ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mail ballot from the voter three or fewer days before the day of the election.

• Specifies if the clerk determines that the voter is entitled to cast the mail ballot, the clerk must deposit the mail ballot in the proper ballot box or place the mail ballot, unopened, in a container that must be securely locked or under the control of the clerk at all times. The clerk will deliver the mail ballots to the mail ballot central counting board to be processed and prepared for counting (Sec. 11-5).

• Requires each mail ballot central counting board to process the mail ballots in the following manner (Sec. 14):

• The name of the voter, as shown on the return envelope, must be checked as if the voter were voting in person;

• An election board officer will indicate in the roster “Received” by the name of the voter;

• If the board determines the voter is entitled to cast a mail ballot and all other processing steps have been completed, the return envelope must be opened and the mail ballot counted;

• An election board officer shall indicate “Voted” by the name of the voter; and

• When all mail ballots delivered to the board have been voted or rejected, the empty envelopes and the envelopes containing rejected mail ballots must be returned to the clerk.

• Specifies if a county clerk uses an electronic device in an election to verify signatures on mail ballots (Sec. 17):

• The county clerk must conduct a test of the accuracy of the electronic devices before the election. The test must be conducted in a manner that ensures the electronic device will use the same standards for determining the validity of a signature as would be used by a natural person verifying the signature; and

• The county clerk must perform daily audits of each electronic device during the processing of mail ballots for the election. The daily audit must include a review of a sample of at least 1 % of the signatures verified each day. The county clerk will appoint election board officers who must not all be of the same political party to manually review the signatures. The county clerk must prepare a report of each daily audit.

Full Bill Text