SJR 1

                          Senate Joint Resolution No. 1–Select
                           Committee on Jobs and Economy
                                      FILE NUMBER..........
SENATE JOINT RESOLUTION—Proposing to amend the Nevada
    Constitution to enact various requirements relating to the
    distribution and submission of mail ballots.
Legislative Counsel’s Digest:
     The Nevada Constitution requires all elections by the people to be by ballot.
(Nev. Const. Art. 2, § 5) The Nevada Constitution further entitles each voter who is
a qualified elector and registered to vote to receive and cast a ballot that: (1) is
written in a format that allows the clear identification of candidates; and (2)
accurately records the voter’s preference in the selection of candidates. (Nev.
Const. Art. 2, § 1A)
     This joint resolution proposes to amend the Nevada Constitution to: (1) require
a county clerk to send to each active registered voter in the county who is eligible
to vote in an election a mail ballot; (2) prescribe, with certain exceptions, the time
period during which the clerk must send the mail ballot; and (3) require the county
clerk to send the mail ballot and certain additional material by certain means. This
joint resolution further amends the Nevada Constitution to authorize a person to
elect to not receive a mail ballot by submitting certain notice to the county clerk.
     Existing law requires county clerks, for a primary election or general election,
to establish a certain number of polling places for early voting by personal
appearance and for voting in person on the day of the election. (NRS 293.2731,
293.3575) This joint resolution proposes to amend the Nevada Constitution to
require any polling place that is used for early voting by personal appearance or for
voting in person on the day of the election to accept the submission of mail ballots
by voters while voting in person occurs. This joint resolution additionally proposes
to amend the Nevada Constitution to require, during the 3 days immediately
preceding any primary election or general election, each county clerk to establish a
certain number of sites at which voters may return mail ballots. These sites must be
available for at least 8 hours on each day and located at a polling place that is used
for early voting by personal appearance or voting in person on the day of the
election. Finally, this joint resolution amends the Nevada Constitution to authorize:
(1) the Legislature to provide by law for increasing the required number of such
sites; and (2) a county clerk to establish any additional number of such sites.
 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
   RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF
NEVADA, JOINTLY, That a new section, designated Section 11, be
added to Article 2 of the Nevada Constitution to read as follows:
         Sec. 11. 1. The county clerk shall send to each active
      registered voter in the county who is eligible to vote in an
      election a mail ballot. Mail ballots must be sent:
         (a) On or after the fifth Monday before the election but
      not later than the fourth Monday before the election to
      active registered voters who reside within the State; and
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           (b) On or after the seventh Monday before the election
       but not later than the fifth Monday before the election to
       active registered voters who reside outside the State unless
       federal or state law requires mail ballots be sent earlier to
       active registered voters who reside outside the State.
           2. If a person registers to vote or updates his or her
       voter registration information not later than 14 days before
       the election, the county clerk shall send a mail ballot to that
       person unless a mail ballot has been sent by the county
       clerk pursuant to subsection 1.
           3. Notwithstanding the provisions of subsections 1 and
       2, a county clerk shall allow a voter to elect not to receive a
       mail ballot by submitting to the county clerk a written notice
       in a form prescribed by the county clerk. The notice must be
       received by the county clerk not later than 60 days before
       the day of the election.
           4. A mail ballot must include all offices, candidates
       and measures upon which the voter is entitled to vote at the
       election.
           5. Except as otherwise required by federal or state law,
       the county clerk shall send to each active registered voter
       eligible to cast a vote but who has not elected under
       subsection 3 not to receive a mail ballot, by first-class mail
       or by any class of mail if the Official Election Mail logo or
       an equivalent mark created by the United States Postal
       Service is properly placed:
           (a) A mail ballot;
           (b) A return envelope;
           (c) An envelope or sleeve into which the mail ballot is
       inserted to ensure its secrecy; and
           (d) Instructions.
           6. In sending a mail ballot to an active registered voter,
       the county clerk shall use an envelope that may not be
       forwarded to an address of the voter that is different from
       the address to which the mail ballot is mailed.
           7. The return envelope must include postage prepaid by
       first-class mail if the active registered voter is within the
       boundaries of the United States, its territories or possessions
       or on a military base.
And be it further
   RESOLVED, That a new section, designated Section 12, be added
to Article 2 of the Nevada Constitution to read as follows:
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          Sec. 12. 1. Any polling place that is used for early
      voting by personal appearance or for voting in person on
      the day of the election must accept the submission of mail
      ballots by voters while voting in person occurs.
          2. During the 3 days immediately preceding any
      primary or general election, each county clerk shall
      establish sites in accordance with subsection 3 at which
      voters may return mail ballots. Any site established
      pursuant to this subsection must be available for at least 8
      hours on each day and located at a polling place that is used
      for early voting by personal appearance or voting in person
      on the day of the election.
          3. For the purposes of subsection 2, a county clerk
      shall establish:
          (a) In a county whose population is 700,000 or more, at
      least 10 sites which meet the requirements of subsection 2.
          (b) In a county whose population is 100,000 or more but
      less than 700,000, at least 5 sites which meet the
      requirements of subsection 2.
          (c) In a county whose population is less than 100,000, at
      least 1 site which meets the requirements of subsection 2.
          4. A county clerk may, in addition to the sites
      established pursuant to this section, provide any additional
      number of sites which meet the requirements of
      subsection 2.
          5. The Legislature may provide by law for increasing
      the required number of sites established pursuant to this
      section.
And be it further
   RESOLVED, That this resolution becomes effective upon
passage.
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