AB169

Assembly Bill No. 169–Assemblywoman Tiffany

February 9, 1999

____________

Referred to Committee on Elections, Procedures, and Ethics

SUMMARY—Authorizes elector to provide certain information as alternative to certain forms of identification when registering to vote. (BDR 24-869)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to elections; authorizing an elector to provide certain information as an alternative to providing certain forms of identification when he registers to vote; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 293.507 is hereby amended to read as follows:

1-2 293.507 1. The secretary of state shall prescribe:

1-3 (a) A standard form for applications to register to vote; and

1-4 (b) A special form for registration to be used in a county where

1-5 registrations are performed and records of registration are kept by

1-6 computer.

1-7 2. The county clerks shall provide forms for applications to register to

1-8 vote to field registrars in the form and number prescribed by the secretary

1-9 of state.

1-10 3. A form for an application to register to vote must include a

1-11 duplicate copy marked as the receipt to be retained by the applicant upon

1-12 completion of the form.

1-13 4. The form for an application to register to vote must include:

1-14 (a) A line on which to enter [~~the]~~ :

1-15 (1) The number on the voter’s social security card, driver’s license or

1-16 identification card issued by the department of motor vehicles and public

1-17 safety [.] ; or

1-18 (2) If a voter registers to vote pursuant to subsection 3 of NRS

1-19 293.517, a random number that the county clerk assigns to the voter.

2-1 (b) A line on which to enter the address at which the voter actually

2-2 resides. The application must not be accepted if the address is listed as a

2-3 post office box unless a street address has not been assigned to his

2-4 residence.

2-5 (c) A notice that the voter may not list his address as a business unless

2-6 he actually resides there.

2-7 Sec. 2. NRS 293.517 is hereby amended to read as follows:

2-8 293.517 1. Any elector residing within the county may register:

2-9 (a) By appearing before the county clerk, field registrar or a voter

2-10 registration agency, completing the application to register to vote and

2-11 giving true and satisfactory answers to all questions relevant to his identity

2-12 and right to vote;

2-13 (b) By completing and mailing or personally delivering to the county

2-14 clerk an application to register to vote pursuant to the provisions of NRS

2-15 293.5235;

2-16 (c) Pursuant to the provisions of NRS 293.501 or 293.524; or

2-17 (d) At his residence with the assistance of a field registrar pursuant to

2-18 NRS 293.5237.

2-19 The county clerk shall require a person to submit official identification as

2-20 proof of residence and identity, such as a driver’s license or other official

2-21 document, before registering him.

2-22 2. The application to register to vote must be signed and verified under

2-23 penalty of perjury by the elector registering.

2-24 3. An elector who wishes to register to vote without providing a social

2-25 security card, driver’s license or identification card issued by the

2-26 department of motor vehicles and public safety may register to vote by

2-27 providing the information required to obtain an identification card

2-28 pursuant to NRS 483.850 and 483.860.

2-29 4. Each elector who is or has been married must be registered under

2-30 his own given or first name, and not under the given or first name or

2-31 initials of his spouse.

2-32 [~~4.]~~ 5. An elector who is registered and changes his name must

2-33 complete a new application to register to vote. He may obtain a new

2-34 application:

2-35 (a) At the office of the county clerk or field registrar;

2-36 (b) By submitting an application to register to vote pursuant to the

2-37 provisions of NRS 293.5235;

2-38 (c) By submitting a written statement to the county clerk requesting the

2-39 county clerk to mail an application to register to vote; or

2-40 (d) At any voter registration agency.

2-41 If the elector fails to register under his new name, he may be challenged

2-42 pursuant to the provisions of NRS 293.303 or 293C.292 and may be

2-43 required to furnish proof of identity and subsequent change of name.

3-1 [~~5.]~~ 6. An elector who registers to vote pursuant to paragraph (a) of

3-2 subsection 1 shall be deemed to be registered upon the completion of his

3-3 application to register to vote.

3-4 [~~6.]~~ 7. After the county clerk determines that the application to register

3-5 to vote of a person is complete and that the person is eligible to vote, he

3-6 shall issue a voter registration card to the voter which contains:

3-7 (a) The name, address, political affiliation and precinct number of the

3-8 voter;

3-9 (b) The date of issuance; and

3-10 (c) The signature of the county clerk.

3-11 Sec. 3. NRS 293.5235 is hereby amended to read as follows:

3-12 293.5235 1. Except as otherwise provided in NRS 293.502, a person

3-13 may register to vote by mailing an application to register to vote to the

3-14 county clerk of the county in which he resides. The county clerk shall,

3-15 upon request, mail an application to register to vote to an applicant. The

3-16 county clerk shall make the applications available at various public places

3-17 in the county. An application to register to vote may be used to correct

3-18 information in the registrar of voters’ register.

3-19 2. An application to register to vote which is mailed to an applicant by

3-20 the county clerk or made available to the public at various locations or

3-21 voter registration agencies in the county may be returned to the county

3-22 clerk by mail or in person. For the purposes of this section, an application

3-23 which is personally delivered to the county clerk shall be deemed to have

3-24 been returned by mail.

3-25 3. The applicant must complete and sign the application.

3-26 4. The county clerk shall, upon receipt of an application, determine

3-27 whether the application is complete.

3-28 5. If he determines that the application is complete, he shall, within 10

3-29 days after he receives the application, mail a notice to the applicant

3-30 informing him that:

3-31 (a) He is registered to vote and a voter registration card as required by

3-32 subsection [6] 7 of NRS 293.517; or

3-33 (b) The registrar of voters’ register has been corrected to reflect any

3-34 changes indicated on the application.

3-35 The applicant shall be deemed to be registered or to have corrected the

3-36 information in the register as of the date the application is postmarked.

3-37 6. If the county clerk determines that the application is not complete,

3-38 he shall, as soon as possible, mail a notice to the applicant informing him

3-39 that additional information is required to complete the application. If the

3-40 applicant provides the information requested by the county clerk within 15

3-41 days after the county clerk mails the notice, the county clerk shall, within

3-42 10 days after he receives the information, mail a notice to the applicant

3-43 informing him that:

4-1 (a) He is registered to vote and a voter registration card as required by

4-2 subsection [6] 7 of NRS 293.517; or

4-3 (b) The registrar of voters’ register has been corrected to reflect any

4-4 changes indicated on the application.

4-5 The applicant shall be deemed to be registered or to have corrected the

4-6 information in the register as of the date the application is postmarked. If

4-7 the applicant does not provide the additional information within the

4-8 prescribed period, the application is void.

4-9 7. The secretary of state shall prescribe the form for an application to

4-10 register to vote by mail which must be used to register to vote by mail in

4-11 this state.

4-12 8. The county clerk shall not register a person to vote pursuant to this

4-13 section unless that person has provided all of the information required by

4-14 the application.

4-15 9. The county clerk shall mail, by postcard, the notices required

4-16 pursuant to subsections 5 and 6. If the postcard is returned to the county

4-17 clerk by the United States Postal Service because the address is fictitious or

4-18 the person does not live at that address, the county clerk shall attempt to

4-19 determine whether the person’s current residence is other than that

4-20 indicated on his application to register to vote in the manner set forth in

4-21 NRS 293.530.

4-22 10. A person who, by mail, registers to vote pursuant to this section

4-23 may be assisted in completing the application to register to vote by any

4-24 other person. The application must include the mailing address and

4-25 signature of the person who assisted the applicant. The failure to provide

4-26 the information required by this subsection will not result in the application

4-27 being deemed incomplete.

4-28 11. An application to register to vote must be made available to all

4-29 persons, regardless of political party affiliation.

4-30 12. An application must not be altered or otherwise defaced after the

4-31 applicant has completed and signed it. An application must be mailed or

4-32 delivered in person to the county clerk’s office within 10 days after it is

4-33 completed.

4-34 13. A person who willfully violates any of the provisions of subsection

4-35 10, 11 or 12 is guilty of a category E felony and shall be punished as

4-36 provided in NRS 193.130.

4-37 14. The secretary of state shall adopt regulations to carry out the

4-38 provisions of this section.