Saturday, Jan. 1, 2022 | 2 a.m.
More than 50 of the 500 or so bills that the Nevada Legislature passed in 2021 will go into effect today, including a bill that calls for mail-in voting in every election and establishes verification procedures for the mail-in ballots.
The law requires county and city clerks to send each active registered voter a mail-in ballot for all elections and outlines the procedures for voting, returning, verifying and counting mail-in ballots. Under the law, any voter who does not want to receive a mail-in ballot can submit a written notice to the county or city clerk no later than 60 days before the day of the election.
It also extends the amount of time a person has to register to vote online through the day of the election, instead of on the Thursday before.
The bill, which passed through the Democratic-controlled Senate on a 12-9 vote in May, locks in changes to enhance accessibility to elections brought on by the pandemic and implemented after a special session in 2020.
“When it comes to access to democracy, Nevada has been leading and I’m pleased that we were able to take a step forward,” Assembly Speaker Jason Frierson, D-Las Vegas, said when the bill passed.
Assembly Bill 321 also establishes a minimum number of polling places for each county based on its population for primary elections and general elections for both early voting and for Election Day. Ballot drop boxes must also be available at every polling location.
The bill also changes the deadline to submit a request for the establishment of a polling place within a Native American reservation to March 1 for a primary election and Aug. 1 for a general election, instead of the first Friday in January for a primary election and the first Friday in July for a general election.
The new law also creates a shorter deadline for mail-in ballots or absentee ballots to be accepted. Before the law passed, mail-in ballots had to be postmarked on or before the day of the election and received by 5 p.m. on the seventh day after the election. With the new law, ballots must be received by the county or city clerk no later than 5 p.m. on the fourth day after the election.
The law also authorizes the county and city clerks to review the signature of a voter manually or by electronic means and establish requirements for an electronic device verifying the voter’s signature. Those who administer an election must also complete a class on forensic signature verification at least once a year.
If a county uses an electronic device to verify signatures on mail-in ballots, the clerk must conduct an accuracy test of every device before the election, in addition to performing daily audits on the electronic device during the processing of ballots, and prepare an audit report.
If a voter’s signature that appears on a ballot does not match the voter’s signature on file, there are a series of questions that the voter must answer. The new law adds the voter’s birthday to those questions.
Voter registration records and death records from the Secretary of State and the State Registrar of Vital Statistics will also be matched together to ensure no ballots have been submitted on behalf of dead residents.
Other laws are taking effect today. Here are some highlights:
Assembly Bill 196 requires courthouses to have lactation rooms for mothers to feed their newborn babies or express breastmilk. The rooms must be hygienic, shielded from view and free from intrusion. It must also contain a chair, a working surface and an electrical outlet.
Assembly Bill 97 prohibits the use or release of Class B firefighting foams, which contain per- and polyfluoroalkyl substances (PFAS), long-lasting chemicals that have been found in the blood of people worldwide and have been linked to harmful health effects. Any entity that does release the foams must notify the Division of Environmental Protection of the State Department of Conservation and Natural Resources within 24 hours. Anyone who violates the law will be guilty of a misdemeanor.
Assembly Bill 146 aims to address water pollution by authorizing the State Department of Conservation and Natural Resources to develop plans, recommendations and policies. It authorizes the State Environmental Commission to adopt regulations for controlling the infiltration of contaminants into underground water from contaminate fluids or soil if the underground water supplies a public water system. The law also requires the director of the department to notify Native American tribes of certain actions relating to water pollution.
Assembly Bill 42 establishes a statutory right to a jury trial for misdemeanor domestic violence cases and may prohibit a person charged with a battery from owning or possessing a firearm. The bill also authorizes a municipal court to record any jury trial proceeding with sound recording equipment if the court is designated as a court of record.
Assembly Bill 254 allows college athletes to sign endorsement deals and be compensated for the use of their name, image or likeness. It authorizes a student athlete to enter into a contract with an organization other than an institution or a national collegiate athletic association.
Senate Bill 190 allows pharmacists to dispense hormonal birth control to a patient without a doctor’s prescription. It also requires the state plan for Medicaid as well as certain health insurance plans to provide benefits relating to hormonal birth control.
Senate Bill 251 requires health care providers to screen women for harmful BRCA gene mutations that can cause cancer. BRCA genes are important to fighting cancer, and when they work normally they can keep breast, ovarian and other types of cells from growing and dividing too rapidly, according to the Centers for Disease Control and Prevention. The law also requires that health care providers provide referrals for genetic counseling and testing under certain circumstances, and it requires certain health insurance policies to include coverage or screening and testing for the harmful gene mutation.
Senate Bill 173 authorizes the board of trustees of a school district and the State Public Charter School Authority to submit to the Superintendent of Public Instruction plans to address loss of learning that occurred as a result of the COVID-19 pandemic. The plans could include making summer school available to students to catch up either remotely or in person. If summer school is in person, schools must provide students with transportation and meals.
Assembly Bill 358 improves access to Medicaid for people released from incarceration. It requires the suspension, rather than termination, of eligibility for Medicaid of a person who is incarcerated. In some circumstances it also allows for people to apply to Medicaid before they are released from incarceration.
Senate Bill 103 prohibits insurance companies from discriminating based on the breed of a dog. An insurer cannot refuse to issue, cancel, or increase the premium or rate for insurance policies based on your dog’s breed, unless that particular dog has a history of being dangerous or vicious.
For the full list of laws, visit the Legislature’s website.
