Bill text
Compare versions
--- version:As Introduced+++ version:(document, no version)@@ -1,251 +1,173 @@- S.B. 100+VOTE NO on SB 100+- Lawrence Aynesmith-- *SB100*+To: Assembly Committee on Legislative Operations and Elections-SENATE BILL NO. 100–SENATOR DALY+Subj: Exhibit in Opposition to SB100-PREFILED JANUARY 16, 2025-____________+Date: May 5, 2025-Referred to Committee on Legislative Operations and Elections+Dear Assembly Committee on Legislative Operations and Elections:-SUMMARY—Revises provisions relating to elections.-(BDR 24-197)+I am strongly opposed to SB100 which centralizes power over our elections into the+hands of the Secretary of State and Attorney General vs. our elected County Clerks.-FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.- Effect on the State: Yes.+This bill grants alarming use of unilateral authority to allow the Secretary of State to+relieve elected County Clerks of their duties and to perform these duties. If the+Secretary of State fails to perform their duties in a manner satisfactory to the Attorney+General, this bill allows the Attorney General to relieve the Secretary of State from their+duties and to perform these duties. The terms defining acceptable performance of+election duties are open to interpretation. This bill also sets up a situation where a+County Commissioner that does not believe the elections were proper cannot exercise+their right to refuse to certify the vote. This bill usurps the ability of the counties to act+according to the will of the people that elected them, instead giving that power to a+single statewide officeholder in Carson City.-~+Our decentralized election system protects election fairness and transparency, this bill+reduces local oversight and places even more power in the hands of the Secretary of+State and Attorney General. It makes Nevada's election system less transparent and+more susceptible to politically motivated actions and opens the door to political+interference in local election administration.-EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.+Fiscal notes show zero impact, except for Douglas County which said this bill would+cost them $163k. Most respondents said impact is impossible to determine but will+result in duplication of costs in any county affected by this power grab.-AN ACT relating to elections; establishing provisions governing the-performance of certain election duties in a timely manner;-providing a penalty for certain persons charged with-duties relating to an election for failing to carry out such-duties in a timely manner; requiri ng the approval of the-Secretary of State relating to certain vendors of-mechanical voting systems and mechanical recording-devices used in an election ; providing a penalty; and-providing other matters properly relating thereto.-Legislative Counsel’s Digest:- Under existing law, a public officer or other person, upon whom any duty is 1-imposed under the provisions governing the election laws of this State, who 2-willfully neglects his or her duty or willfully performs the duty in such a way as to 3-hinder the objects and purposes of the election laws is guilty of a category E felony, 4-which is punishable by a minimum term of imprisonment of 1 year and a maximum 5-term of not more than 4 years and may be subject to a fine of not more than $5,000. 6-If the person is a public officer and is convicted of this offense, his or her office is 7-forfeited. (NRS 293.800) Section 2 of this bill provides that a public officer or 8-other person who is charged with duties relating to an election who fails to perform 9-his or her duties in a timely manner by the applicable deadline set forth in statute is 10-also guilty of a category E felony and subject to these penalties. 11- Section 1 of this bill requires a public officer or other person to notify the 12-Secretary of State and the Attorney General if he or she will not be able to perform 13-a duty imposed under existing law relating to elections by the deadline. Section 1 14-also provides that if a public officer or other person who represents or is emplo yed 15-by a county or city, upon whom a duty is imposed under the provisions governing 16-the election laws in this State, fails to perform his or her duty in a timely manner in 17-accordance with the applicable deadlines set forth in statute, the Secretary of Stat e 18-may: (1) petition the district court for an order relieving that public officer or other 19+Please oppose this unnecessary and dangerous expansion of state control over local+elections. Vote no on SB100!- – 2 –+Regards,-- *SB100*-person of his or her duties and directing the Secretary of State to perform the duties 20-on behalf of the public officer or person; and (2) charge the county or city 21-represented by or who employs the public officer or person for the costs incurred 22-by the Secretary of State in performing those duties. Section 1 further provides 23-that: (1) if the Secretary of State relieves a public officer or other person of his or 24-her duties and fails to perform those duties in a timely manner, the Attorney 25-General may petition the district court for an order relieving the Secretary of Stat e 26-of those duties and directing the Attorney General to perform the duties; and (2) if 27-neither the Secretary of State nor the Attorney General takes action, any registered 28-voter may file an action with the district court for the county for the appointment of 29-a special master to perform the duties of the public officer or other person. 30- Existing law requires: (1) all mechanical voting systems and mechanical 31-recording devices purchased or leased in or used in any election of this State to be 32-approved by the Secretary of State; and (2) a city or county that wishes to change or 33-improve a mechanical voting system or mechanical recording device that has been 34-approved by the Secretary of State to obtain the approval of the Secretary of State. 35-(NRS 293B.1045) Section 3 of this bill requires: (1) a vendor of a mechanical 36-voting system or mechanical recording device to also be approved by the Secretary 37-of State; and (2) a city or county that wishes to change the vendor of the 38-mechanical voting system or mechanical recording device to obtain the approval of 39-the Secretary of State. 40+Nancy Carlson+Registered Voter, Washoe County-THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN-SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:+ SB100 Amendent 345 Senate LOE Opposition 4 May 2025 This bill weaponizes the Secretary of State against public officials and other people who conduct elections. It steals the authority away from city councils and commissioners and gives the power to the Secretary of State with the power grab completed by the deployment of the Attorney General. Any city clerk, city council member, or any commissioner who questions the election may now be prosecuted with our taxpayer dollars for questioning an election. Does this foster discourse or allow for differing opinions? It reads as a threat. Concentrating power into one single authority sets coupled with the empowerment of this amount of control in one position is reckless. Why should the counties be dictated to? The passing of SB100 negates the following thereby removing all choice and control of elections away from the counties as granted in the Nevada Revised Statutes (NRS). NRS 293B.105 General authority. The board of county commissioners of any county or the city council or other governing body of any city may purchase and adopt for use at elections any mechanical voting system and mechanical recording device. The system or device may be used at any or all elections held in the county or city, for voting, registering and counting votes cast. NRS 293B.110 Adoption of different systems or devices for different precincts or districts. A mechanical voting system or mechanical recording device may be adopted for some of the precincts or districts in the same county or city, while the remainder of the precincts or districts in that county or city may be furnished with paper ballots or any other mechanical voting system or mechanical recording device. NRS 293B.115 Provision of systems or devices for polling places; custody when not in use. The board of county commissioners, city council or other governing body which adopts a mechanical voting system or mechanical recording device, as soon as practicable after adopting it, shall provide for each polling place one or more mechanical voting systems or mechanical recording devices in complete working order. When the systems and devices are not in use at an election, the board, council or governing body shall take custody of them and of the furniture and equipment of the polling place. NRS 293B.120 Experimental use in certain precincts. The board of county commissioners of any county or the city council or other governing body of any city, without formally adopting a mechanical voting system or mechanical recording device, which it might lawfully adopt, may provide for its experimental use at an election in one or more precincts. Its use at the election is as valid for all purposes as if it were lawfully adopted. Please stop the power grab and oppose this bill. Amendment 345 does nothing to abrogate the destruction and damage proposed by this bill. Sincerely, Reva Crump, M.S.+SB100 Amendment 345 Comment and exhibit May 6, 2025 1+SB100 Amendment 345 Comment and exhibit- Section 1. Chapter 293 of NRS is hereby amended by adding 1-thereto a new section to read as follows: 2- 1. If a public officer or other person who represents or is 3-employed by a county or city or agency thereof, including, without 4-limitation, a county or city clerk, will not be able to perform a duty 5-required by this title or any regulation adopted pursuant to this 6-title by the applicable deadline set forth in this title, the public 7-officer or other person shall notify the Secretary of State and the 8-Attorney General before the deadline established by this title or 9-any regulation adopted pursuant to this title. 10- 2. If a public officer or other person who represents or is 11-employed by a county or city or agency thereof and upon whom 12-any duty is imposed by this title or any regulation adopted 13-pursuant to this title fails to carry out that duty in a timely manner 14-in accordance with the applicable deadlines set forth in this title or 15-any regulation adopted pursuant to this title for the performance 16-of such duties, the Secretary of State may: 17- (a) Apply to the district court for the county for an order 18-relieving the public officer or other person from his or her duties 19-imposed pursuant to this title or any regulation adopted pursuant 20-to this title and directing the Secretary of State to perform such 21-duties on behalf of the public officer or person. The district court 22+The proposed Senate Bill supersedes existing Nevada Revised Statute, NRS 293 Title 24 – elections wherein the+remedy for precinct pole workers, County Commissioners, County Registrar of Voters and Secretary of State are+provided with a “remedy” for problems arising out of State of Nevada elections at all levels.+Example: If a poling machine runs out of ink the problem must be remedied and documented with a proposed+“remedy” submitted to the next higher authority.+Every person from the precinct poll worker to the Governor of Nevada has a specifically stated remedy and+intervention in support of NRS 293.+Example: In the event of perceived threat of violence at polling places the Governor of Nevada enacted an+emergency statute executive order to place Nevada National Guard at designated polling stations and/or to+stand ready.+An example of potentially enacting an unlawful remedy is when the Washoe County Registrar of Voters acted+on a worker shortage during the 2024 Presidential election cycle:+• 100+ Washoe County workers were relocated from their usual job assignments to work long hours with+zero breaks over week and months, as evidenced and recorded during the November 15, 2024 County+Commissioners public meeting. NRS 608 under the Nevada Labor Commission clearly states any+employer/employee work detail must be preceded by and an exemption filed with the Labor+Commission. Record if any type of exemption is still pending a response.+• Certain duties including, but not limited to, duties of the County Clerk under NRS 293.269927 require+the worker to participate in what would otherwise be precinct duties such as “Duties of the county+clerk upon return of mail ballot: Procedure for checking signatures; safeguarding and delivery of mail+ballots for counting; procedure to contact voter to remedy certain defects in returned mail ballot.+Further, NRS 293.17, 1 and pursuant to NRS 293.269929. “The registered voters appointed as election+board officers for any polling place must not all be of the same political party.” Transparency relating to+ALL scrutiny and prepositioning of the 100+ Washoe County workers relocated from their customary+job description to fill the role of election clerks and/or poll workers under NRS 293 does not exist.+• The November 14, 2024 Final Election Update presented at the November 15, 2025 Washoe County+Commissioners public meeting one (1) hour prior to sealing elections results fails the transparency test+by merging the column of the formerly reported “absentee” ballots with “mail in” ballets: thereby,+disallowing not only a preview for the commissioners to consider the data, but the essential data+relating to mail in voting is now merged with mail-in voting effectively eliminating clear and concise+reporting on the Registrar of Voters web page which is directly in opposition to the NRS code.+• Meanwhile, as we consider the fact that data does not lie, let us consider the fact that missing data+cannot be calculated or quantified as it relates to;+o The time it takes for 100+ poll county clerks and registrar of voter replacements to remedy the+newly instituted mail in voting process and provisional ballots but also the merging of columns+SB100 Amendment 345 Comment and exhibit May 6, 2025 2+with regard to NRS regulation of absentee ballots and mail in ballots that fall under entirely+different NRS guidelines.+• Project management 101:+o 1.) Components of materials, process and labor must be predictable in managing a project such+as American elections. If the process is known but the statue contains a remedy for corrective+action toward successful completion based on the project goal of an end date the remedy, the+“remedy” must be utilized in order to facilitate the end goal of the plan or, in this case, election+project.+o 2.) When the amount of labor needed to complete the project goal with an end date is+unknown, the employment status of the 100+ workers must adhere to the Nevada Revised+Statute under the Labor Commissioners filing, records and enforcement.+ In the case of equally distributed workers of political parties the Washoe County+Registrar of Voters must also comply with the NRS equality of political party.+Transparency any type of process to ensure the 100+ Washoe County employees used+for Registrar of Voter’s remedy to deal with provisional ballets and other miscellaneous+voter concerns is still pending a response.+ In other words; “We really could not/cannot predict this much of a problem arising out+of mail in voting and Washoe County election integrity issue so let’s grab a bunch of desk+workers off of their regularly assigned job duties and plug them in the Registrars’ office,+suffer them to work grueling hours with no breaks, leaving their other department job+duties at risk by having the “other” Washoe County needs unattended during the+unforeseen workforce shortfall, and ignore statutory regulations of the Nevada Labor+Commission and all considerations pursuant to NRS 293 as it relates to having a balance+of equal political parry workforce.+SB100 Amendment 345 defeats NRS 293 by disallowing remedies taken by persons named in SB100+Amendment 345+Study of the dynamics of NRS 293 and how a person is to utilized various remedies to resolve issues which+occurred during the Nevada voting process, and with one mail in ballot vote cycle experienced, it seems clear+no one would want to either work the polls, certify to vote or be haphazardly pulled into the situation from the+job primary job description they were hired to do if SB100 Amendment 345 were to pass.+This may appear to be a reasonable solution to a problem with voters who may be unsatisfied with the+working event of state and federal elections, but is it?+The likely result of people not wanting to work in the election cycle under the weight of a dilemma in “just+doing what you’re told” or be prosecuted is;+Nevada would then have to hire an untold amount of election workers under the guise of doing what they are+told and have the workers agree to an exemption with the Nevada Labor Commission. These same workers+could likely command a higher than average salary due to difficult working conditions and Nevada will have+embarked on another department under the Secretary of State paid for by the tax payors who didn’t want the+SB100 Amendment 345 Comment and exhibit May 6, 2025 3+prosecutorial SB100 Amendment 345 in place but rather HAVE legislators look at and fix NRS 293 with clarity,+sound reasoning and legislative responsibility.+Dear Legislators; Heads of household in Nevada are working 1 ½ jobs to keep a roof over their heads and meet+expenses. Most do not have time to attend county and state meetings especially if they have a family and+parenting responsibilities. You, in turn, are paid a salary as an elected or appointed official. We really do expect+you to carryout projects assigned to your elected position and bring these projects, like voting, to a successful+resolution without threatening the very people we have elected to protect the integrity of our city, precinct+and county elections. Pretty much, keep your hands off of our freedom to vote in all election cycles under and+supporting NRS detail; otherwise, you are guilty of manipulating freedom in the form of statutorily devising+laws to prosecute us if we find error in that extremely essential voting process.+Respectfully submitted May 6, 2025- – 3 –--- *SB100*-shall give the matter priority over all other civil matters pending 1-with the court. 2- (b) Charge the county or city that is represented by or employs 3-the public officer or other person for the costs incurred in 4-performing the duty on behalf of the public officer or other 5-person. 6- 3. If the Secretary of State relieves a public off icer or other 7-person from their duties pursuant to subsection 2 and fails to 8-perform such duties on behalf of the public officer or person, the 9-Attorney General may apply to the district court for an order 10-relieving the Secretary of State from his or her duties and 11-directing the Attorney General to perform such duties on behalf of 12-the Secretary of State. 13- 4. If a public officer or other person fails to perform his or 14-her duties in a timely manner in accordance with the deadlines set 15-forth in statute for the performance of such duties and neither the 16-Secretary of State nor the Attorney General act s pursuant to 17-subsection 2 or 3, any registered voter may file an action with the 18-district court for the county for the appointment of a special 19-master to oversee the performance of these duties. 20- 5. The Secretary of State may adopt regulations to carry out 21-the provisions of this section , which may include, without 22-limitation, establishing: 23- (a) Timelines for carrying out the duties set forth in this 24-section; and 25- (b) The circumstances that constitute performing a duty in a 26-timely manner. 27- Sec. 2. NRS 293.800 is hereby amended to read as follows: 28- 293.800 1. A person who, for himself, herself or another 29-person, willfully gives a false answer or answers to questions 30-propounded to the person by the registrar or field registrar of voters 31-relating to the information called for by the application to register to 32-vote, or who willfully falsifies the application in any particular, or 33-who violates any of the provisions of the election laws of this State 34-or knowingly encourages another person to violate those laws is 35-guilty of a category E felony and shall be punishe d as provided in 36-NRS 193.130. 37- 2. A public officer or other person, upon whom any duty is 38-imposed by this title, who [willfully] : 39- (a) Willfully neglects his or her duty [or willfully] ; 40- (b) Willfully performs [it] his or her duty in such a way as to 41-hinder the objects and purposes of the election laws of this State [,] ; 42-or 43-- – 4 –--- *SB100*- (c) Fails to perform his or her duty in a timely manner in 1-accordance with the applicable deadlines for the performance of 2-that duty, 3- except where another penalty is provided, is guilty of a category 4-E felony and shall be punished as provided in NRS 193.130. 5- 3. If the person is a public officer, his or her office is forfeited 6-upon conviction of any offense provided for in subsection 2. 7- 4. Except as otherwise provided in this subsection, a person 8-who causes or endeavors to cause his or her name to be registered, 9-knowing that he or she is not an elector or will not be an elector on 10-or before the day of the next ensuing election in the precinct or 11-district in which he or she caus es or endeavors to cause the 12-registration to be made, and any other person who induces, aids or 13-abets the person in the commission of either of the acts is guilty of a 14-category E felony and shall be punished as provided in NRS 15-193.130. The provisions of th is subsection do not apply to a person 16-who preregisters to vote. 17- 5. A field registrar or other person who provides to an elector 18-an application to register to vote and who: 19- (a) Knowingly falsifies the application or knowingly causes an 20-application to be falsified; 21- (b) Knowingly provides money or other compensation to 22-another for a falsified application; or 23- (c) Intentionally fails to submit to the county clerk a completed 24-application, 25- is guilty of a category E felony and shall be punished as provided 26-in NRS 193.130. 27- Sec. 3. NRS 293B.1045 is hereby amended to read as follows: 28- 293B.1045 1. No mechanical voting system or mechanical 29-recording device may be purchased or leased in or used in any 30-election of this State unle ss the mechanical voting system or 31-mechanical recording device and the vendor of the mechanical 32-voting system or mechanical recording device is approved by the 33-Secretary of State. 34- 2. A [person who owns or has an interest in ] vendor of a 35-mechanical voting system or mechanical recording device may 36-submit an application to the Secretary of State for approval of the 37-vendor and to have the system or device examined for approval for 38-use during the elections of this State. The Secretary of Sta te shall 39-approve or disapprove the vendor and use of such a system or 40-device not later than 120 days after the application is submitted. 41- 3. As a condition to approval, the [person] vendor shall have 42-the mechanical voting system or mechanical recording de vice 43-independently examined by a person approved by the Secretary of 44-State. The examiner shall: 45-- – 5 –--- *SB100*- (a) Review and analyze any electronic or computerized features 1-of the system or device; and 2- (b) Prepare and submit to the Secretary of State a report of the 3-results of the examination which includes a statement of the opinion 4-of the examiner regarding the feasibility of using such a system or 5-device during the elections of this State, with consideration for the 6-safe and proper operation of the system or device under the 7-conditions prescribed by the applicable election laws. 8- 4. Any cost for the independent examination of a mechanical 9-voting system or mechanical recording device conducted pursuant to 10-subsection 3 must be paid by the [person] vendor who submits a n 11-application [to have the system or device approved] for approval by 12-the Secretary of State. 13- 5. The Secretary of State shall approve a mechanical voting 14-system or mechanical recording device for use during the elections 15-of this State if: 16- (a) The report prepared pursuant to subsection 3 states that the 17-system or device can be used safely and properly in this State; and 18- (b) The Secretary of State determines after independently 19-examining the system or device that it can be used safely and 20-properly in this State. 21- 6. Before a city or county may change a vendor or otherwise 22-change or improve a mechanical voting system or mechanical 23-recording device that has been approved by the Secretary of State 24-pursuant to this section, the city or county must obtain appr oval 25-from the Secretary of State. If any such change or improvement 26-does not comply with the requirements of this section, the Secretary 27-of State shall not approve the vendor or the use or sale of any 28-system or device that incorporates the change or improv ement in 29-this State. 30- 7. The Secretary of State may reexamine a mechanical voting 31-system or mechanical recording device or any part thereof at any 32-time for the purpose of approving a change or improvement 33-pursuant to subsection 6 or to ensure that the sys tem or device 34-continues to comply with the election laws of this State. 35- 8. The Secretary of State and any examiner of a mechanical 36-voting system or mechanical recording device must not have any 37-pecuniary interest in the system or device examined. 38- 9. The Secretary of State may establish regulations to carry out 39-the provisions of this section. 40- 10. As used in this section, “vendor” means a person who 41-owns or has an interest in a mechanical voting system or 42-mechanical recording device. 43-- – 6 –--- *SB100*- Sec. 4. This act becomes effective on July 1, 2025. 1--H+SB100+Dear Assembly Legislative and Election Committee,+Please vote No on SB100 Amendment 345. This bill is an egregious+overreach of power by the Secretary of State. It would allow taxpayer funded+prosecution of any city clerk, council member or commissioner, who+questioned an election. If passed, it would negate NRS 293B.105, NRS+293B.110, NRS 293B.115 and NRS 293B. 120, removing all choice and+control of elections away from the counties.+This is unacceptable for the citizens of Nevada and must be opposed.+Sincerely,+George & Darla Lee+Sparks, NV 89431+Dear Assembly Legislative Operations & Elections Committee:+SB100 Amended+Please OPPOSE SB100 per amendment # 345. Elections in Nevada have+always been efficiently run by the elected County and City Clerks and+the Registrar of Voters. There has never been an incident of election+officials not performing their duties in a timely manner. This amended+bill requires the Secretary of State to write timelines and requirements+over elections. This bill gives the Secretary of State more power and+undermines elected County and City Clerks plus the Registrar of Voters.+It adds a penalty of up to Class E Felony if duties are not performed+according to the rules. This is dictating to which undermines the elected+County Clerks. The Secretary of State must also approve of any change+of any device or vendor of a mechanical voting machine. The Clerks and+Registrar of Voters have operated the elections responsibly with no+supervision from the Secretary of State. So why does the Secretary of+State need complete authority over elections? This bill is a power grab+for the Secretary of State which is completed by the deployment of the+Attorney General. The bill concentrates power and authority into one+single position which is reckless and creates a dictator to the counties.+Passing this bill would negate the following Nevada Statutes:+NRS293B.105, NRS293B.110, NRS293B.115 and NRS293B.120.+This bill is making a law where there is no crime, but it would be+creating a crime.+Stop the power grab and vote NO on this amended bill.+Thank You,+Ann Sweder+Sparks, Nv. 89441
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.