Senate panel advances bill expanding emergency electronic ballot transmission, tightens cybersecurity and ballot rules

Senate Bill 74, a committee bill on behalf of the Secretary of State, was amended and advanced by the Nevada Senate Committee on Legislative Operations and Elections on April 8.

The bill makes multiple changes to election law, including provisions on cybersecurity, election accuracy audits, candidate forms and notices, mail ballots, voter registration, presidential electors, and election boards. Pepper Sturm, committee policy analyst, summarized the bill and the conceptual amendments offered by the Deputy Secretary of State for Elections.

The amendment clarifies when a registered voter may use an approved electronic transmission system to apply for and cast a ballot — limited to circumstances when the voter lacks access to a mail ballot or is unable to vote in person for reasons specified in the bill. Other changes in the amendment delete prior provisions that would have prohibited sending a mail ballot to a person who elected not to receive one, require that ballots cast on a mechanical voting system not be counted before 7 a.m. on election day and not be posted until polls close, and modify how ambiguous marks on ballots are counted (counted when a darkened portion and voter intent can be inferred).

The amendment also adds a required cyber incident response regulation to be developed by the Secretary of State, expands cyber-incident reporting to include the Legislative Commission and the governor, defines what constitutes a current and valid driver’s license or identification card, and clarifies voter-registration and address-notice requirements. It further authorizes limited reimbursements for meals and incidentals for certain election workers attending training paid from the reserve for statutory contingency account.

Senator Krasner opposed the amended due-pass motion, saying constituents in Senate District 16 had expressed concerns about expanding electronic voting. Senator Steinbeck also voted no, stating reservations about elements of the bill despite supporting narrower emergency provisions earlier in the discussion. The motion to amend and give a due pass carried; committee staff recorded two nays (Senators Krasner and Steinbeck) and the bill advanced on the amended due-pass motion.

What this means: The committee-approved amendments narrow use of the electronic transmission option to specific emergency circumstances and add statutory cyber and ballot-counting clarifications. The bill now moves forward with the committee’s conceptual changes; formal statutory language could still change in subsequent amendments.

Votes at a glance: The committee recorded the amended due-pass motion as passed with two recorded nays (Senators Krasner and Steinbeck).