Nevada AB 164: Requires proof of identity for voting in person. (BDR 24-587)

Bill Text

A.B. 164
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ASSEMBLY BILL NO. 164–ASSEMBLYWOMAN KRASNER

PREFILED FEBRUARY 13, 2017
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Referred to Committee on Legislative Operations and Elections

SUMMARY—Requires proof of identity for voting in person.
(BDR 24-587)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to elections; requiring, with limited exceptions,
proof of identity for voting in person; requiring the
Department of Motor Vehicles, under certain
circumstances, to issue voter identification cards at no
cost; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law requires, under certain circumstances, that a person provide 1
satisfactory identification to vote in person. (NRS 293.2725, 293.277, 293.303, 2
293.3081, 293.3082, 293.3085, 293.330, 293.3585, 293.541, 293C.270, 293C.292, 3
293C.330, 293C.3585) This bill requires, with limited exceptions, that a person 4
provide one of the forms of identity specified in section 2 of this bill to vote in 5
person. Section 2 sets forth the acceptable forms of proof of identity which are: (1) 6
certain government-issued documents or identity cards that show a recognizable 7
photograph of the person to whom the document or card is issued; (2) a voter 8
identification card; and (3) certain documentation from an administrator of certain 9
health care facilities that are licensed by the State. 10
Sections 3-6 of this bill: (1) require the Department of Motor Vehicles to issue 11
a voter identification card, free of charge, to a person who does not possess one of 12
the forms of required photographic identification; (2) set forth certain requirements 13
for the issuance of voter identification cards; and (3) require that the Secretary of 14
State adopt regulations to carry out the provisions of those sections. 15
Section 16 of this bill authorizes, under certain circumstances, a person who 16
fails to provide proof of identity when voting in person to cast a provisional ballot. 17
Section 18 of this bill provides that the provisional ballot of such a voter must be 18
counted if the person provides to the county or city clerk not later than 5 p.m. on 19
the Friday following the election: (1) proof of identity; or (2) an affidavit stating 20
that the voter cannot provide proof of identity because he or she is indigent or has a 21
religious objection to being photographed. 22

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The provisions of this bill which require that a person present, with limited 23
exceptions, one of the forms of proof of identity to vote in person are similar to the 24
provisions of an Indiana law which the United States Supreme Court has 25
determined does not unconstitutionally burden a person’s right to vote, in part 26
because the person can obtain one of the forms of required proof of identity free of 27
charge and the requirements to provide proof of identity do not apply to persons 28
who vote by absent ballot. (Crawford v. Marion County Election Bd., 553 U.S. 181 29
(2008)). 30

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

Section 1. Chapter 293 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 6, inclusive, of this 2
act. 3
Sec. 2. 1. “Proof of identity” means: 4
(a) A document or identity card that: 5
(1) Is issued by the State, the United States or a federally 6
recognized Indian tribe; 7
(2) Shows a recognizable photograph of the person to 8
whom the document or identity card is issued; 9
(3) Shows the name and signature of the person to whom 10
the document or identity card is issued; and 11
(4) If the document or identity card is issued by the State, 12
bears an expiration date that is not earlier than 4 years before the 13
date of the election for which the document or identity card is 14
offered as proof of identity; 15
(b) A voter identification card issued pursuant to section 3 of 16
this act; or 17
(c) A document provided by the administrator of a licensed 18
medical facility or licensed facility for the dependent to a resident 19
of the facility attesting to the person’s identity and that he or she is 20
a resident of the facility. 21
2. As used in this section: 22
(a) “Facility for the dependent” has the meaning ascribed to it 23
in NRS 449.0045. 24
(b) “Medical facility” has the meaning ascribed to it in 25
NRS 449.0151. 26
Sec. 3. 1. The Department of Motor Vehicles shall: 27
(a) Issue a voter identification card to a person who: 28
(1) Is registered to vote in this State; 29
(2) Does not possess a form of proof of identity as described 30
in subsection 1 of section 2 of this act; and 31
(3) Complies with the provisions of section 4 of this act. 32

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(b) Provide at least one place in each county at which the 1
Department accepts applications for and issues