Nev. Rev. Stat. § 293.705

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 293.705 - Unlawful acts concerning elections officials
1. It is unlawful for any person to use or threaten or attempt to use any force, intimidation, coercion, violence, restraint or undue influence with the intent to:
(a) Interfere with the performance of the duties of any elections official relating to an election; or
(b) Retaliate against any elections official for performing duties relating to an election.
2. The provisions of subsection 1 apply regardless of whether a person uses or threatens or attempts to use such force, intimidation, coercion, violence, restraint or undue influence at a polling place or a location other than a polling place.
3. It is unlawful for a person to disseminate any personal identifying information or sensitive information of an elections official without the consent of the elections official, knowing that the elections official could be identified by such information, if:
(a) The person disseminates such personal identifying information or sensitive information:
(1) With the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would be reasonably likely to cause death, bodily injury or stalking; or
(2) With the intent to cause harm to the elections official and with knowledge of or reckless disregard for the reasonable likelihood that the dissemination of the information may cause death, bodily injury or stalking; and
(b) The dissemination of the personal identifying information or sensitive information:
(1) Would cause a reasonable person to fear the death, bodily injury or stalking of himself or herself or a close relation; or
(2) Causes the death, bodily injury or stalking of the elections official whose information was disseminated or a close relation of the elections official.
4. A person who violates the provisions of subsection 1 or 3 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
5. This section does not limit:
(a) The applicability of the provisions of law relating to:
(1) Observing the conduct of voting at a polling place pursuant to NRS 293.274 or 293C.269;
(2) Observing the conduct of tests pursuant to NRS 293B.145 or 293C.615;
(3) Observing the handling of ballots upon the closing of the polls pursuant to NRS 293B.330 or 293C.630;
(4) Observing the counting of ballots at the central counting place pursuant to NRS 293B.353;
(5) Observing the delivery, counting, handling and processing of the ballots at a polling place, receiving center and the central counting place pursuant to NRS 293B.354; and
(6) Observing ballot processing pursuant to NRS 293B.380.
(b) The ability of a person to give or offer to give prepackaged food items, nonalcoholic beverages, coats, handwarmers or other similar items to other persons who are at a polling place or any other location described in paragraph (a), if done in accordance with any other law and to the extent such items are not distributed inside of a building which does not permit the distribution of such items in the building as indicated by a sign posted in a prominent place at the entrance of the building.
(c) The ability of a person to engage in written recordation of notes at a polling place or a location other than a polling place; or
(d) The ability of a person to communicate with voters, election board officers or other persons in any way that is not otherwise limited or prohibited pursuant to subsection 1 or 3 or any other provision of law, including, without limitation, NRS 293.740.
6. As used in this section:
(a) "Close relation" means a current or former spouse or domestic partner, parent, child, sibling, stepparent, grandparent or any person who regularly resides in the household of who, within the immediately preceding 6 months, regularly resided in the household.
(b) "Elections official" means:
(1) The Secretary of State or any deputy or employee in the Elections Division of the Office of the Secretary of State who is charged with duties relating to an election;
(2) A registrar of voters, county clerk, city clerk or any deputy or employee in the elections division of a county or city who is charged with elections duties; or
(3) An election board officer or counting board officer.
(c) "Personal identifying information" has the meaning ascribed to it in NRS 205.4617.
(d) "Sensitive information" has the meaning ascribed to it in NRS 41.1347.
(e) "Stalking" means a violation of NRS 200.575.

NRS 293.705

Added to NRS by 2023, 168
Added by 2023, Ch. 35,§1, eff. 5/24/2023.