The provisions of this
chapter apply only to city elections.
(Added to NRS by 1997, 3420)
1. Except as otherwise provided in subsection 2, conduct of any
city election is under the control of the governing body of the city, and
it shall, by ordinance, provide for the holding of the election, appoint
the necessary election officers and election boards, and do all other
things required to carry the election into effect.
2. The governing body of the city shall provide for:
(a) Absent ballots to be voted in a city election pursuant to NRS
293C.305 to 293C.325 , inclusive, and 293C.330 to 293C.340 , inclusive; and
(b) The conduct of:
(1) Early voting by personal appearance in a city election
pursuant to NRS 293C.355 to 293C.361
, inclusive;
(2) Voting by absent ballot in person in a city election
pursuant to NRS 293C.327 ; or
(3) Both early voting by personal appearance as described in
subparagraph (1) and voting by absent ballot in person as described in
subparagraph (2).
(Added to NRS by 1997, 3424; A 1997, 2795; 1999, 267 )
1. The governing body of a city incorporated pursuant to general
law may by ordinance provide for a primary city election and a general
city election on:
(a) The dates set forth for primary elections and general elections
pursuant to the provisions of chapter 293 of
NRS; or
(b) The dates set forth for primary city elections and general city
elections pursuant to the provisions of this chapter.
2. If a governing body of a city adopts an ordinance pursuant to
paragraph (a) of subsection 1, the dates set forth in NRS 293.12755
, in subsections 2 to 5, inclusive, of
NRS 293.165 , and in NRS 293.175 , 293.177 ,
293.345 and 293.368 apply for purposes of conducting the primary
city elections and general city elections of the city.
3. If a governing body of a city adopts an ordinance pursuant to
subsection 1:
(a) The term of office of any elected city official may not be
shortened as a result of the ordinance; and
(b) Each elected city official holds office until the end of his
term and until his successor has been elected and qualified.
(Added to NRS by 2003, 674 )
The
governing body of a city shall provide all necessary books, ballots and
supplies for the proper conduct of city elections.
(Added to NRS by 1997, 3442)
GENERAL ELECTIONS
1. Except as otherwise provided in NRS 293C.115 , a general city election must be held in
each city of population categories one and two on the first Tuesday after
the first Monday in June of the first odd-numbered year after
incorporation, and on the same day every 2 years thereafter as determined
by law, ordinance or resolution, at which time there must be elected the
elective city officers, the offices of which are required next to be
filled by election. All candidates, except as otherwise provided in NRS
266.220 , at the general city election
must be voted upon by the electors of the city at large.
2. Unless the terms of office of city councilmen are extended by
an ordinance adopted pursuant to NRS 293C.115 , the terms of office of city councilmen are
4 years, which terms must be staggered. The councilmen elected to office
immediately after incorporation shall decide, by lot, among themselves
which of their offices expire at the next general city election, and
thereafter the terms of office must be 4 years unless the terms are
extended by an ordinance adopted pursuant to NRS 293C.115 .
(Added to NRS by 1997, 3421; A 2001, 634 ; 2003, 674 )
1. Except as otherwise provided in NRS 293C.115 , a general city election must be held in
each city of population category three on the first Tuesday after the
first Monday in June of the first odd-numbered year after incorporation,
and on the same day every 2 years thereafter, as determined by ordinance.
2. There must be one mayor and three or five councilmen, as the
city council shall provide, by ordinance, for each city of population
category three. Unless the terms of office of the mayor and the
councilmen are extended by an ordinance adopted pursuant to NRS 293C.115
, the terms of office of the mayor and
the councilmen are 4 years, which terms must be staggered. The mayor and
councilmen elected to office immediately after incorporation shall
decide, by lot, among themselves which two of their offices expire at the
next general city election, and thereafter the terms of office must be 4
years unless the terms are extended by an ordinance adopted pursuant to
NRS 293C.115 . If a city council
thereafter increases the number of councilmen, it shall, by lot, stagger
the initial terms of the additional members.
3. Except as otherwise provided in NRS 293C.115 , a candidate for any office to be voted for
at the general city election must file a declaration of candidacy with
the city clerk not less than 60 days nor more than 70 days before the day
of the general city election. The city clerk shall charge and collect
from the candidate and the candidate must pay to the city clerk, at the
time of filing the declaration of candidacy, a filing fee in an amount
fixed by the city council by ordinance or resolution.
4. Candidates for mayor must be voted upon by the electors of the
city at large. Candidates for councilmen must be voted upon by the
electors of their respective wards to represent the wards in which they
reside or by the electors of the city at large in accordance with the
provisions of chapter 266 of NRS.
(Added to NRS by 1997, 3421; A 1997, 2795; 1999, 268 ; 2001, 634 ; 2003, 675 )
NOMINATIONS AND CANDIDATES
1. Except as otherwise provided in NRS 293C.115 , a primary city election must be held in
each city of population category one, and in each city of population
category two that has so provided by ordinance, on the first Tuesday
after the first Monday in April of every year in which a general city
election is to be held, at which time there must be nominated candidates
for offices to be voted for at the next general city election.
2. Except as otherwise provided in NRS 293C.115 , a candidate for any office to be voted for
at the primary city election must file a declaration of candidacy with
the city clerk not less than 60 days nor more than 70 days before the
date of the primary city election. The city clerk shall charge and
collect from the candidate and the candidate must pay to the city clerk,
at the time of filing the declaration of candidacy, a filing fee in an
amount fixed by the governing body of the city by ordinance or
resolution. The filing fees collected by the city clerk must be deposited
to the credit of the general fund of the city.
3. All candidates, except as otherwise provided in NRS 266.220
, must be voted upon by the electors of
the city at large.
4. If, in a primary city election held in a city of population
category one or two, one candidate receives more than a majority of votes
cast in that election for the office for which he is a candidate, his
name alone must be placed on the ballot for the general city election.
If, in the primary city election, no candidate receives a majority of
votes cast in that election for the office for which he is a candidate,
the names of the two candidates receiving the highest number of votes
must be placed on the ballot for the general city election.
(Added to NRS by 1997, 3420; A 1997, 2794; 1999, 268 , 3555 ; 2001, 634 ; 2003, 675 )
1. If at 5 p.m. on the last day for filing a declaration of
candidacy, there is only one candidate who has filed for nomination for
an office, that candidate must be declared elected and no election may be
held for that office.
2. Except as otherwise provided in subsection 1, if not more than
twice the number of candidates to be elected have filed for nomination
for an office, the names of those candidates must be omitted from all
ballots for a primary city election and placed on all ballots for a
general city election.
3. If more than twice the number of candidates to be elected have
filed for nomination for an office, the names of the candidates must
appear on the ballot for a primary city election. Except as otherwise
provided in subsection 4 of NRS 293C.175 , those candidates who receive the highest
number of votes at that election, not to exceed twice the number to be
elected, must be declared nominees for the office.
(Added to NRS by 1997, 3421)
1. Except as otherwise provided in NRS 293C.115 and 293C.190 , a name may not be printed on a ballot to be
used at a primary city election, unless the person named has filed a
declaration of candidacy or an acceptance of candidacy and has paid the
fee established by the governing body of the city not earlier than 70
days before the primary city election and not later than 5 p.m. on the
60th day before the primary city election.
2. A declaration of candidacy required to be filed by this section
must be in substantially the following form:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
City of...................................
For the purpose of having my name placed on the official ballot as a
candidate for the office of .................., I, ..................,
the undersigned do swear or affirm under penalty of perjury that I
actually, as opposed to constructively, reside at .................., in
the City or Town of .................., County of ..................,
State of Nevada; that my actual, as opposed to constructive, residence in
the city, township or other area prescribed by law to which the office
pertains began on a date at least 30 days immediately preceding the date
of the close of filing of declarations of candidacy for this office; that
my telephone number is .................., and the address at which I
receive mail, if different than my residence, is ..................; that
I am a qualified elector pursuant to Section 1 of Article 2 of the
Constitution of the State of Nevada; that if I have ever been convicted
of treason or a felony, my civil rights have been restored by a court of
competent jurisdiction; that if nominated as a candidate at the ensuing
election I will accept the nomination and not withdraw; that I will not
knowingly violate any election law or any law defining and prohibiting
corrupt and fraudulent practices in campaigns and elections in this
State; that I will qualify for the office if elected thereto, including,
but not limited to, complying with any limitation prescribed by the
Constitution and laws of this State concerning the number of years or
terms for which a person may hold the office; and my name will appear on
all ballots as designated in this declaration.
...........................................................................
....
(Designation of name)
...........................................................................
....
(Signature of candidate for office)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
...........................................................................
....
Notary Public or other person
authorized to administer an oath
3. The address of a candidate that must be included in the
declaration or acceptance of candidacy pursuant to subsection 2 must be
the street address of the residence where he actually, as opposed to
constructively, resides in accordance with NRS 281.050 , if one has been assigned. The declaration or
acceptance of candidacy must not be accepted for filing if:
(a) The candidate’s address is listed as a post office box unless a
street address has not been assigned to his residence; or
(b) The candidate does not present to the filing officer:
(1) A valid driver’s license or identification card issued
by a governmental agency that contains a photograph of the candidate and
the candidate’s residential address; or
(2) A current utility bill, bank statement, paycheck, or
document issued by a governmental entity, including, without limitation,
a check, which indicates the candidate’s name and residential address.
4. The filing officer shall retain a copy of the proof of identity
and residency provided by the candidate pursuant to paragraph (b) of
subsection 3. Such a copy:
(a) May not be withheld from the public; and
(b) Must not contain the social security number or driver’s license
or identification card number of the candidate.
5. By filing the declaration or acceptance of candidacy, the
candidate shall be deemed to have appointed the city clerk as his agent
for service of process for the purposes of a proceeding pursuant to NRS
293C.186 . Service of such process
must first be attempted at the appropriate address as specified by the
candidate in the declaration or acceptance of candidacy. If the candidate
cannot be served at that address, service must be made by personally
delivering to and leaving with the city clerk duplicate copies of the
process. The city clerk shall immediately send, by registered or
certified mail, one of the copies to the candidate at his specified
address, unless the candidate has designated in writing to the city clerk
a different address for that purpose, in which case the city clerk shall
mail the copy to the last address so designated.
6. If the city clerk receives credible evidence indicating that a
candidate has been convicted of a felony and has not had his civil rights
restored by a court of competent jurisdiction, the city clerk:
(a) May conduct an investigation to determine whether the candidate
has been convicted of a felony and, if so, whether he has had his civil
rights restored by a court of competent jurisdiction; and
(b) Shall transmit the credible evidence and the findings from such
investigation to the city attorney.
7. The receipt of information by the city attorney pursuant to
subsection 6 must be treated as a challenge of a candidate pursuant to
subsections 4 and 5 of NRS 293C.186 .
If the ballots are printed before a court of competent jurisdiction makes
a determination that a candidate has been convicted of a felony and has
not had his civil rights restored by a court of competent jurisdiction,
the city clerk must post a notice at each polling place where the
candidate’s name will appear on the ballot informing the voters that the
candidate is disqualified from entering upon the duties of the office for
which the candidate filed the declaration of candidacy or acceptance of
candidacy.
(Added to NRS by 1997, 3422; A 1999, 269 , 679 , 2163 ; 2001, 149 , 676 ; 2003, 676 , 686 , 1724 ; 2005, 2291 )
1. After a person files a declaration of candidacy or an
acceptance of candidacy to be a candidate for an office, and not later
than 5 working days after the last day the person may withdraw his
candidacy pursuant to NRS 293C.195 ,
an elector may file with the city clerk a written challenge of the person
on the grounds that the person fails to meet any qualification required
for the office pursuant to the constitution or a statute of this State,
including, without limitation, a requirement concerning age or residency.
Before accepting the challenge from the elector, the filing officer shall
notify the elector that if the challenge is found by a court to be
frivolous, the elector may be required to pay the reasonable attorney’s
fees and court costs of the challenged person.
2. A challenge filed pursuant to subsection 1 must:
(a) Indicate each qualification the person fails to meet;
(b) Have attached all documentation and evidence supporting the
challenge; and
(c) Be in the form of an affidavit, signed by the elector under
penalty of perjury.
3. Upon receipt of a challenge pursuant to subsection 1, the city
clerk shall immediately transmit the challenge to the city attorney.
4. If the city attorney determines that probable cause exists to
support the challenge, the city attorney shall, not later than 5 days
after receiving the challenge, petition a court of competent jurisdiction
to order the person to appear before the court. Upon receipt of such a
petition, the court shall enter an order directing the person to appear
before the court at a hearing, at a time and place to be fixed by the
court in the order, to show cause why the challenge is not valid. A
certified copy of the order must be served upon the person. The court
shall give priority to such proceedings over all other matters pending
with the court, except for criminal proceedings.
5. If, at the hearing, the court determines by a preponderance of
the evidence that the challenge is valid or that the person otherwise
fails to meet any qualification required for the office pursuant to the
constitution or a statute of this State, or if the person fails to appear
at the hearing:
(a) The name of the person must not appear on any ballot for the
election for the office for which he filed the declaration of candidacy
or acceptance of candidacy; and
(b) The person is disqualified from entering upon the duties of the
office for which he filed the declaration of candidacy or acceptance of
candidacy.
6. If, at the hearing, the court determines that the challenge is
frivolous, the court may order the elector who filed the challenge to pay
the reasonable attorney’s fees and court costs of the challenged person.
(Added to NRS by 2001, 675 )
In addition to any
other penalty provided by law, if a person knowingly and willfully files
a declaration of candidacy or acceptance of candidacy which contains a
false statement:
1. The name of the person must not appear on any ballot for the
election for which he filed the declaration of candidacy or acceptance of
candidacy; and
2. The person is disqualified from entering upon the duties of the
office for which he was a candidate.
(Added to NRS by 2001, 676 )
Not later than 30 days before the primary city
election and the general city election, the city clerk shall cause to be
published a notice of the election in a newspaper of general circulation
in the city once a week for 2 successive weeks. If a newspaper of general
circulation is not published in the city, the publication may be made in
a newspaper of general circulation published within the county in which
the city is located. If a newspaper of general circulation is not
published in that county, the publication may be made in a newspaper of
general circulation published in the nearest Nevada county. The notice
must contain:
1. The date of the election.
2. The location of the polling places.
3. The hours during which the polling places will be open for
voting.
4. The names of the candidates.
5. A list of the offices to which the candidates seek nomination
or election.
(Added to NRS by 1999, 265 )
1. Except as otherwise provided in NRS 293C.115 , a vacancy occurring in a nomination for a
city office after the close of filing and on or before 5 p.m. of the
first Tuesday after the first Monday in March in a year in which a
general city election is held must be filled by filing a nominating
petition that is signed by at least 1 percent of the persons who are
registered to vote and who voted for that office at the last preceding
general city election. Except as otherwise provided in NRS 293C.115
, the petition must be filed not
earlier than the third Tuesday in February and not later than the third
Tuesday after the third Monday in March. A candidate nominated pursuant
to the provisions of this subsection may be elected only at a general
city election, and his name must not appear on the ballot for a primary
city election.
2. Except as otherwise provided in NRS 293C.115 , a vacancy occurring in a nomination for a
city office after 5 p.m. of the first Tuesday after the first Monday in
March and on or before 5 p.m. of the second Tuesday after the second
Monday in April must be filled by the person who received the next
highest vote for the nomination in the primary city election.
3. Except to place a candidate nominated pursuant to subsection 1
on the ballot and except as otherwise provided in NRS 293C.115 , no change may be made on the ballot for the
general city election after 5 p.m. of the second Tuesday after the second
Monday in April of the year in which the general city election is held.
If a nominee dies after that time and date, his name must remain on the
ballot for the general city election and, if elected, a vacancy exists.
4. Except as otherwise provided in NRS 293C.115 , all designations provided for in this
section must be filed on or before 5 p.m. on the second Tuesday after the
second Monday in April of the year in which the general city election is
held. The filing fee must be paid and an acceptance of the designation
must be filed on or before 5 p.m. on that date.
(Added to NRS by 1997, 3423; A 1999, 3555 ; 2003, 677 , 1709 )
A withdrawal of
candidacy for a city office must be in writing and presented to the city
clerk by the candidate in person within 2 days, excluding Saturdays,
Sundays and holidays, after the last day for filing a declaration of
candidacy or an acceptance of candidacy.
(Added to NRS by 1997, 3423; A 1999, 3556 )
1. In addition to any other requirement provided by law, no person
may be a candidate for a city office unless, for at least the 30 days
immediately preceding the date of the close of filing of declarations or
acceptances of candidacy for the office that he seeks, he has in
accordance with NRS 281.050 , actually,
as opposed to constructively, resided in the city or other area
prescribed by law to which the office pertains and, if elected, over
which he will have jurisdiction or which he will represent.
2. Any person who knowingly and willfully files a declaration of
candidacy or an acceptance of candidacy that contains a false statement
in this respect is guilty of a gross misdemeanor.
(Added to NRS by 1997, 3423; A 1999, 2164 ; 2001, 678 )
ELECTION BOARDS
1. The city clerk shall appoint and notify registered voters to
act as election board officers for the various precincts and districts in
the city as provided in NRS 293.225 ,
293.227 , 293C.227 to 293C.250 , inclusive, and 293C.382 , and shall conclude those duties not later
than 31 days before the election. No candidate for nomination or election
or his relative within the second degree of consanguinity or affinity may
be appointed as an election board officer. Immediately after election
board officers are appointed, if requested by the city clerk, the chief
law enforcement officer of the city shall:
(a) Appoint an officer for each polling place in the city and for
the central election board or the absent ballot central counting board; or
(b) Deputize, as an officer for the election, an election board
officer for each polling place and for the central election board or the
absent ballot central counting board. The deputized officer may not
receive any additional compensation for the services he provides as an
officer during the election for which he is deputized.
Ę Officers so appointed and deputized shall preserve order during hours
of voting and attend the closing of the polls.
2. The city clerk may appoint a trainee for the position of
election board officer as set forth in NRS 293C.222 .
(Added to NRS by 1997, 3424; A 1999, 270 )
1. The city clerk may appoint a pupil as a trainee for the
position of election board officer. To qualify for such an appointment,
the pupil must be:
(a) A United States citizen, a resident of Nevada and a resident of
the city in which he serves;
(b) Enrolled in high school; and
(c) At the time of service, at least 16 years of age.
2. The city clerk may only appoint a pupil as a trainee if:
(a) The pupil is appointed without party affiliation;
(b) The city clerk sends the pupil a certificate stating the date
and hours that the pupil will act as a trainee;
(c) At least 20 days before the election in which the pupil will
act as a trainee, the principal of his high school or his assigned school
counselor receives the city clerk’s certificate and a written request
signed by his parent or guardian to be excused from school for the time
specified in the certificate;
(d) The principal of the high school or the assigned school
counselor of the pupil approves the pupil’s request; and
(e) The pupil attends the training class required by NRS 293B.260
.
3. Except as otherwise provided in this subsection, the city clerk
may assign a trainee such duties as the city clerk deems appropriate. The
city clerk shall not:
(a) Require the trainee to perform those duties later than 10 p.m.,
or any applicable curfew, whichever is earlier; or
(b) Assign more than one trainee to serve as an election board
officer in any one precinct.
4. The city clerk may compensate a trainee for his service at the
same rate fixed for election board officers generally.
(Added to NRS by 1999, 265 ; A 2003, 1658 )
The city clerk may provide, by rule or regulation, for the:
1. Recommendation, by the persons selected as chairmen of election
boards, of suitable persons to serve as members of election boards; and
2. Recommendations, by the chairmen, of suitable persons to serve
in the case of vacancies.
(Added to NRS by 1997, 3424)
Upon the selection of persons to act as election board officers
pursuant to NRS 293C.220 or as
trainees pursuant to NRS 293C.222 ,
the city clerk shall deliver, by mail or other means, notifications of
the appointments to those persons.
(Added to NRS by 1999, 266 )
If any person appointed to serve as
an election board officer pursuant to NRS 293C.220 or as a trainee pursuant to NRS 293C.222
is unwilling to serve as appointed,
he shall notify the city clerk within 5 days after receipt of the
notification that he is unwilling to serve, whereupon the city clerk
shall appoint some other registered voter to serve at the election.
(Added to NRS by 1999, 266 )
1. In precincts or districts in a city where there are less than
200 registered voters and paper ballots are used, the election board
shall perform all duties required from the time of preparing for the
opening of the polls through delivering the supplies and result of votes
cast to the city clerk.
2. Except as otherwise provided in NRS 293C.240 , one election board must be appointed by the
city clerk for all mailing precincts within the city and must be
designated the central election board. The city clerk shall deliver the
mailed ballots to that board in his office and the board shall count the
votes on those ballots in the manner required by law.
(Added to NRS by 1997, 3424)
In each precinct or district in a city where there
are 200 or more registered voters and paper ballots are used, the city
clerk shall appoint two election boards and designate one the voting
board and the other the counting board. The officers of the counting
board shall count the votes and make the record of the votes. The voting
board shall account for the records at the time the polls are closed and
deliver to the counting board the ballot box containing the voted ballots
and all other books and supplies in its possession. Upon receipt of the
ballot box, books and supplies, the counting board shall perform its
duties. The time of service for the counting board must be from the
closing of the polls through the returning of the supplies and the result
of votes cast to the city clerk.
(Added to NRS by 1997, 3424)
1. When it appears to the satisfaction of the city clerk that an
absent ballot central counting board will expedite the work of tallying
the absent ballot vote of the city, he may appoint such a board. If the
city is located in a county that uses a computer to maintain records of
registered voters, the county clerk shall appoint the board.
2. In a city where an absent ballot central counting board has
been appointed, no central election board may be appointed. The absent
ballot central counting board shall perform the duties of the central
election board.
(Added to NRS by 1997, 3425)
1. An absent ballot central counting board consists of election
board officers appointed in such numbers as the city clerk determines to
be required by the volume of absent ballots requested.
2. The city clerk’s deputies who perform duties in connection with
elections shall be deemed officers of the absent ballot central counting
board.
3. When requested by the city clerk, the chief law enforcement
officer of the city shall appoint an officer to keep order during the
counting of the absent ballot votes by the absent ballot central counting
board.
4. The absent ballot central counting board is under the direction
of the city clerk.
(Added to NRS by 1997, 3425)
When the city clerk determines it
necessary to cause any precincts in the city to be designated absent
ballot mailing precincts, the precinct’s ballots must be placed by the
central election board or the absent ballot central counting board in the
proper absent ballot mailing precinct ballot box.
(Added to NRS by 1997, 3425)
BALLOTS
In any election regulated by
this chapter, the names of candidates as printed on the ballot must not
include any title, designation or other reference that indicates the
profession or occupation of the candidates.
(Added to NRS by 1997, 3425)
An absent
ballot for a city election or a ballot for a city election voted by a
voter who resides in a mailing precinct must be voted on a paper ballot
or a ballot which is voted by punching a card.
(Added to NRS by 1999, 266 )
For a primary city
election, there must appear at the top of each ballot the designation
“Candidates for city offices.” Except as otherwise provided in NRS
293.2565 , following this designation
must appear the names of candidates grouped alphabetically under the
title and length of term of the office for which those candidates filed.
(Added to NRS by 1997, 3425; A 2003, 1726 )
1. Except as otherwise provided in NRS 293C.140 , ballots for a general city election must
contain the names of candidates who were nominated at the primary city
election.
2. Except as otherwise provided in NRS 293.2565 , the names of candidates must be grouped
alphabetically under the title and length of term of the office for which
those candidates filed.
(Added to NRS by 1997, 3425; A 2003, 1726 )
1. A ballot prepared for use in a city election must be dated and
marked in such a manner as to indicate clearly at which city election the
ballot will be used.
2. If a ballot includes a detachable stub, both the ballot and the
stub must include the date of the city election and indicate clearly at
which city election the ballot will be used.
3. If a ballot includes a voting receipt which has two parts, each
part of the voting receipt must include the date of the city election and
indicate clearly at which city election the ballot will be used.
(Added to NRS by 1999, 266 )
1. The offices for which there are candidates, the names of the
candidates therefor and the questions to be voted upon must be printed on
ballots for a city election in the following order:
(a) City offices:
(1) Mayor;
(2) Councilmen according to ward in numerical order, if no
wards, in alphabetical order; and
(3) Municipal judges.
(b) Questions presented to the voters of a city or a portion of a
city with advisory questions listed in consecutive order after any other
questions presented to the voters of the city.
2. The city clerk:
(a) May divide paper ballots into two sheets in a manner that
provides a clear understanding and grouping of all measures and
candidates.
(b) Shall prescribe the color or colors of the ballots and voting
receipts used in any election which the clerk is required to conduct.
(Added to NRS by 1997, 3425; A 1999, 679 ; 2003, 3198 )
VOTING AT POLLS
1. Except as otherwise provided in subsection 2 and in NRS
293.2725 and 293.3083 , a person who registered to vote pursuant to
the provisions of NRS 293.5235 shall,
for the first city election in which he votes at which that registration
is valid, vote in person unless he has previously voted in the county in
which he is registered to vote.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is entitled to vote in the manner prescribed in NRS 293C.342
to 293C.352 , inclusive;
(b) Is entitled to vote an absent ballot pursuant to federal law or
NRS 293C.317 or 293C.318 ;
(c) Is disabled;
(d) Submits or has previously submitted a written request for an
absent ballot that is signed by the registered voter before a notary
public or other person authorized to administer an oath; or
(e) Requests an absent ballot in person at the office of the city
clerk.
(Added to NRS by 1997, 3426; A 1999, 2164 ; 2001, 1437 ; 2003, 2187 )
1. Except as otherwise provided in subsection 2 and NRS 293C.297
, at all elections held pursuant to
the provisions of this chapter, the polls must open at 7 a.m. and close
at 7 p.m.
2. Whenever at any election all the votes of the precinct or
district, as shown on the roster, have been cast, the election board
officers shall close the polls and the counting of votes must begin and
continue without unnecessary delay until the count is completed.
3. Upon opening the polls, one of the election board officers
shall cause a proclamation to be made so that all present may be aware of
the fact that applications of registered voters to vote will be received.
4. No person other than election board officers engaged in
receiving, preparing or depositing ballots may be permitted inside the
guardrail during the time the polls are open, except by authority of the
election board as necessary to keep order and carry out the provisions of
this chapter.
(Added to NRS by 1997, 3426; A 2001, 2957 )
The city clerk
shall establish at least one polling place for a precinct in any
residential development exclusively for elderly persons if:
1. More than 100 of the residents of the development are
registered to vote;
2. There is a common area in the development which is adequate and
available; and
3. The owner of the development consents to the establishment of
the polling place on his property.
(Added to NRS by 1999, 265 )
A polling place for an election
must not be established in any building or other structure named for a
candidate whose name appears on a ballot for that election.
(Added to NRS by 2005, 2290 )
1. The city clerk shall allow members of the general public to
observe the conduct of voting at a polling place for a city election.
2. A member of the general public shall not photograph the conduct
of voting at a polling place for a city election or record the conduct of
voting on audiotape or any other means of sound or video reproduction.
3. For the purposes of this section, a member of the general
public does not include any person who:
(a) Gathers information for communication to the public;
(b) Is employed or engaged by or has contracted with a newspaper,
periodical, press association, or radio or television station; and
(c) Is acting solely within his professional capacity.
(Added to NRS by 1999, 266 )
1. If a person’s name appears in the election board register or if
he provides an affirmation pursuant to NRS 293C.525 , he is entitled to vote and must sign his
name in the election board register when he applies to vote. His
signature must be compared by an election board officer with the
signature or a facsimile thereof on his original application to register
to vote or one of the forms of identification listed in subsection 2.
2. The forms of identification that may be used to identify a
voter at the polling place are:
(a) The card issued to the voter at the time he registered to vote;
(b) A driver’s license;
(c) An identification card issued by the Department of Motor
Vehicles;
(d) A military identification card; or
(e) Any other form of identification issued by a governmental
agency that contains the voter’s signature and physical description or
picture.
(Added to NRS by 1997, 3426; A 2001, 2598 )
Any registered voter who is unable to sign his name must be
identified by answering questions covering the personal data that is
reported on the original application to register to vote. The officer in
charge of the roster shall stamp, write or print “Identified as” to the
left of the voter’s name.
(Added to NRS by 1997, 3426)
1. A registered voter who applies to vote must state his name to
the election board officer in charge of the election board register, and
the officer shall immediately announce the name and take the registered
voter’s signature. After a registered voter is properly identified at a
polling place where paper ballots are used, one ballot correctly folded,
must be given to the voter and the number of the ballot must be written
by an election board officer upon the pollbook, opposite the name of the
registered voter receiving the ballot.
2. In pollbooks in which the names of the voters have been
entered, election officers may indicate the application to vote without
writing the name.
(Added to NRS by 1997, 3427)
1. A registered voter who applies to vote at an election must give
his name to the election board officer in charge of the election board
register, and the officer shall immediately announce the name of the
voter.
2. Any person’s right to vote may be challenged by a registered
voter upon any of the grounds allowed for a challenge in NRS 293C.292
. Any such challenge must be disposed
of in the manner provided in NRS 293C.292 .
(Added to NRS by 1997, 3427)
Where paper ballots
are used for voting:
1. Except as otherwise provided in subsection 2, the voter shall
mark his ballot in no other manner than by making a mark in the square
following the name of each candidate for whom he intends to vote for each
office.
2. If a question is submitted to the registered voters, the
voter’s mark must be placed in the square following the answer that the
voter chooses to give.
3. Before leaving the booth, the voter shall fold his ballot in
such a manner that the number of the ballot appears on the outside,
without exposing how he voted, and shall keep it so folded until he has
delivered it to the officer from whom he received it, who shall announce
the number of the ballot in an audible voice.
4. The election board officer who is in charge of the pollbook
shall repeat the number and mark in the column opposite the number the
word “Voted” or a character indicating the word “Voted.”
5. The election board officer who receives the voted ballot shall
separate from the ballot the strip bearing the number and shall deposit
the ballot in the ballot box in the presence of the voter.
6. No ballot may be deposited in the ballot box until the slip
containing the number of the ballot has been removed from the ballot by
the election board officer. The strip bearing the number must be retained
by the election board officer.
(Added to NRS by 1997, 3427; A 1999, 679 )
1. Except as otherwise provided in subsection 2, at all times
during which a polling place is open, the polling place must:
(a) Be accessible to a voter who is elderly or a voter with a
disability; and
(b) Have at least one voting booth that is:
(1) Designed to allow a voter in a wheelchair to vote;
(2) Designated for use by a voter who is elderly or a voter
with a disability;
(3) Equipped to allow a voter who is elderly or a voter with
a disability to vote with the same privacy as a voter who is not elderly
or as a voter without a disability; and
(4) Equipped with a mechanical recording device which
directly records the votes electronically and which may be used by
persons with disabilities.
2. A polling place that does not comply with the provisions of
subsection 1 may be used if necessary because of a natural disaster,
including, without limitation, an earthquake, flood, fire or storm.
3. At each polling place, the city clerk is encouraged to:
(a) Post in a conspicuous place, in at least 12-point type,
instructions for voting;
(b) Provide ballots in alternative audio and visual formats for use
by a voter who is elderly or a voter with a disability; and
(c) Provide, in alternative audio and visual formats for use by a
voter who is elderly or a voter with a disability, all materials that are:
(1) Related to the election; and
(2) Made available to a voter in printed form at the polling
place.
4. As an alternative to carrying out the functions described in
subsection 3, if, in the opinion of the city clerk, the needs of voters
who are elderly or disabled requiring the use of specially equipped
voting devices will be best served by placing such devices at centralized
voting locations, he may so provide. If the city clerk provides for the
placement of specially equipped voting devices at centralized locations,
a voter who is elderly or disabled and requires the use of such a device
to be able to cast his ballot without assistance may cast his ballot at
any centralized voting location designated by the city clerk.
(Added to NRS by 2001, 1437 ; A 2003, 1659 , 2187 )
1. Any registered voter who, because of a physical disability or
an inability to read or write English, is unable to mark a ballot or use
any voting device without assistance is entitled to assistance from a
consenting person of his own choice, except:
(a) The voter’s employer or his agent; or
(b) An officer or agent of the voter’s labor organization.
2. A person providing assistance pursuant to this section to a
voter in casting his vote shall not disclose any information with respect
to the casting of that ballot.
3. The right to assistance in casting a ballot may not be denied
or impaired when the need for assistance is apparent or is known to the
election board or any member thereof, but the election board may require
a registered voter to sign a statement that he requires assistance in
casting his vote because of a physical disability or an inability to read
or write English when the need for assistance is not apparent or no
member of the election board has knowledge thereof. The statement must be
executed under penalty of perjury.
4. In addition to complying with the requirements of this section,
the city clerk and election board officer shall, upon the request of a
registered voter with a physical disability, make reasonable
accommodations to allow the voter at his polling place.
(Added to NRS by 1997, 3427; A 1999, 2165 )
1. Except as otherwise provided in subsection 2:
(a) Any voter who spoils his ballot may return the spoiled ballot
to the election board and receive another in its place.
(b) The election board officers shall indicate in the pollbook that
the ballot is spoiled and shall enter the number of the ballot issued in
its place.
(c) Each spoiled ballot returned must be cancelled by writing the
word “Cancelled” across the back of the ballot. A spoiled paper ballot
must be cancelled without unfolding it.
(d) A record must be made of those cancelled ballots at the closing
of the polls and before counting. The ballots must be placed in a
separate envelope and returned to the city clerk with the election
supplies.
2. If ballots that are voted on a mechanical recording device
which directly records the votes electronically are used, the voter must
be able to change his vote before the mechanical recording device
permanently records that vote.
(Added to NRS by 1997, 3428)
Except
as otherwise provided in subsection 2 of NRS 293C.285 , a voter who does not vote the ballot
delivered to him shall, before leaving the polling place, return that
ballot to the election board and it must be cancelled in the same manner
as a spoiled ballot.
(Added to NRS by 1997, 3428)
1. The city clerk shall require an election board officer to post
an alphabetical listing of all registered voters for each precinct in a
public area of each polling place in the city. Except as otherwise
provided in NRS 293.5002 and 293.558
, the alphabetical listing must include
the name and address of each voter. Not less than four times during the
hours in which the polling place is open, an election board officer shall
identify the name of each voter who voted since the last identification.
2. Each page of the alphabetical listing must contain a notice
which reads substantially as follows:
It is unlawful for any person to remove, tear, mark or otherwise
deface this alphabetical listing of registered voters except an election
board officer acting pursuant to NRS 293C.290 .
3. Any person who removes, tears, marks or otherwise defaces an
alphabetical listing posted pursuant to this section with the intent to
falsify or prevent others from readily ascertaining the name or address
of any voter, or the fact that a voter has or has not voted, is guilty of
a misdemeanor.
(Added to NRS by 1997, 3428; A 2005, 2293 )
If a candidate whose name appears on the ballot at a primary city
election or general city election dies after the applicable date set
forth in:
1. NRS 293C.370 ; or
2. NRS 293.368 , if the governing
body of the city has adopted an ordinance pursuant to paragraph (a) of
subsection 1 of NRS 293C.115 ,
Ę but before the time of the closing of the polls on the day of the
election, the city clerk shall post a notice of the candidate’s death at
each polling place where the candidate’s name will appear on the ballot
for the primary city election or general city election.
(Added to NRS by 1997, 1292; A 1999, 689 ; 2003, 678 , 1709 )
1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct or district upon
the ground that he is not the person entitled to vote as claimed or has
voted before at the same election; or
(b) On any ground set forth in a challenge filed with the county
clerk pursuant to the provisions of NRS 293.547 .
2. If a person is challenged, an election board officer shall
tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that he does not reside at
the residence for which the address is listed in the election board
register, “I swear or affirm under penalty of perjury that I reside at
the residence for which the address is listed in the election board
register”;
(b) If the challenge is on the ground that he previously voted a
ballot for the election, “I swear or affirm under penalty of perjury that
I have not voted for any of the candidates or questions included on this
ballot for this election”; or
(c) If the challenge is on the ground that he is not the person he
claims to be, “I swear or affirm under penalty of perjury that I am the
person whose name is in this election board register.”
Ę The oath or affirmation must be set forth on a form prepared by the
Secretary of State and signed by the challenged person under penalty of
perjury.
3. If the challenged person refuses to execute the oath or
affirmation so tendered, he must not be issued a ballot, and the officer
in charge of the election board register shall write the words
“Challenged ................” opposite his name in the election board
register.
4. If the challenged person refuses to execute the oath or
affirmation set forth in paragraph (a) of subsection 2, the election
board officers shall inform him that he is entitled to vote only in the
manner prescribed in NRS 293C.295 .
5. If the challenged person executes the oath or affirmation and
the challenge is not based on the ground set forth in paragraph (c) of
subsection 2, the election board officers shall issue him a ballot.
6. If the challenge is based on the ground set forth in paragraph
(a) of subsection 2, and the challenged person executes the oath or
affirmation, the election board shall not issue the person a ballot until
he furnishes satisfactory identification that contains proof of the
address at which he actually resides.
7. If the challenge is based on the ground set forth in paragraph
(c) of subsection 2 and the challenged person executes the oath or
affirmation, the election board shall not issue the person a ballot
unless he:
(a) Furnishes official identification which contains a photograph
of himself, such as his driver’s license or other official document; or
(b) Brings before the election board officers a person who is at
least 18 years of age who:
(1) Furnishes official identification which contains a
photograph of himself, such as his driver’s license or other official
document; and
(2) Executes an oath or affirmation under penalty of perjury
that the challenged person is who he swears he is.
8. The election board officers shall:
(a) Record on the challenge list:
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the
challenge; and
(3) The result of the challenge; and
(b) If possible, orally notify the registered voter who initiated
the challenge of the result of the challenge.
(Added to NRS by 1997, 3429; A 1999, 679 ; 2001, 1952 , 2958 ; 2003, 200 , 210 )
1. As soon as practicable, but in no case later than 21 calendar
days after each election, the city clerk shall mail a notice to each
person who is listed on the challenge list as a registered voter who
initiated a challenge pursuant to NRS 293C.292 .
2. The notice mailed pursuant to subsection 1 must indicate:
(a) The name of the person who was challenged, if known; and
(b) The result of the challenge.
(Added to NRS by 2001, 1951 )
1. If a person is successfully challenged on the ground set forth
in paragraph (a) of subsection 2 of NRS 293C.292 or if a person refuses to provide an
affirmation pursuant to NRS 293C.525 ,
the election board shall instruct the voter that he may vote only at the
special polling place in the manner set forth in this section.
2. The city clerk shall maintain at least one special polling
place at such locations as he deems necessary during each election. The
ballots voted at the special polling place must be kept separate from the
ballots of voters who have not been so challenged or who have provided an
affirmation pursuant to NRS 293C.525
in:
(a) A special ballot box if the ballots are paper ballots or
ballots that are voted by punching a card; or
(b) A special sealed container if the ballots are ballots that are
voted on a mechanical recording device which directly records the votes
electronically.
3. A person who votes at a special polling place may place his
vote only for the following offices and questions:
(a) All officers for whom all voters in the city may vote; and
(b) Questions that have been submitted to all voters of the city.
4. The ballots voted at the special polling place must be counted
when other ballots are counted and:
(a) If the ballots are paper ballots or ballots that are voted by
punching a card, maintained in a separate ballot box; or
(b) If the ballots are ballots that are voted on a mechanical
recording device that directly records the votes electronically,
maintained in a separate sealed container,
Ę until any contest of election is resolved or the date for filing a
contest of election has passed, whichever is later.
(Added to NRS by 1997, 3430; A 1999, 270 )
1. If at the hour of closing the polls there are any registered
voters waiting to vote, the doors of the polling place must be closed
after all those voters have been admitted to the polling place. Voting
must continue until those voters have voted.
2. The officer appointed by the chief law enforcement officer of
the city shall allow other persons to enter the polling place after the
doors have been closed to observe or for any other lawful purpose if
there is room within the polling place and their admittance will not
interfere with the voting.
(Added to NRS by 1997, 3430)
After the
last person entitled to vote has voted, the voting board shall, before
adjourning, put the records and the account of ballots in order for the
counting board.
(Added to NRS by 1997, 3430)
1. If a court of competent jurisdiction orders a city to extend
the deadline for voting beyond the statutory period in an election, the
city clerk shall, as soon as practicable after he receives notice of the
decision of the court:
(a) Cause notice of the extended period to be published in a
newspaper of general circulation in the city or if no newspaper is of
general circulation in that city, in a newspaper of general circulation
in the nearest city; and
(b) Transmit a notice of the extended deadline to each registered
voter who requested an absent voter’s ballot for the election and has not
returned the ballot before the date on which the notice will be
transmitted.
2. The notice required pursuant to paragraph (a) of subsection 1
must be published:
(a) In a city whose population is 25,000 or more, on at least 3
successive days.
(b) In a city whose population is less than 25,000, at least twice
in successive issues of the newspaper.
(Added to NRS by 1997, 3440)
ABSENT BALLOT VOTING
1. The city clerk shall prepare an absent ballot for the use of
registered voters who have requested absent ballots. The city clerk shall
make reasonable accommodations for the use of the absent ballot by an
elderly or disabled person, including, without limitation, by providing,
upon request, the absent ballot in 12-point type to an elderly or
disabled person.
2. The ballot must be prepared and ready for distribution to a
registered voter who resides within or outside this State, not later than
20 days before the election in which it will be used.
3. Any legal action that would prevent the ballot from being
issued pursuant to subsection 2 is moot and of no effect.
(Added to NRS by 1997, 3430; A 1999, 2165 ; 2001, 1437 )
1. A person who, during the 6 months immediately preceding an
election, distributes to more than a total of 500 registered voters a
form to request an absent ballot for the election shall:
(a) Distribute the form prescribed by the Secretary of State, which
must, in 14-point type or larger:
(1) Identify the person who is distributing the form; and
(2) Include a notice stating, “This is a request for an
absent ballot.”;
(b) Not later than 14 days before distributing such a form, provide
to the city clerk of each city to which a form will be distributed
written notification of the approximate number of forms to be distributed
to voters in the city and of the first date on which the forms will be
distributed;
(c) Not return or offer to return to the city clerk a form that was
mailed to a registered voter pursuant to this subsection; and
(d) Not mail such a form later than 21 days before the election.
2. The provisions of this section do not authorize a person to
vote by absent ballot if he is not otherwise eligible to vote by absent
ballot.
(Added to NRS by 1999, 2162 ; A 2001, 2035 , 2959 ; 2003, 149 , 152 )
1. Except as otherwise provided in NRS 293C.330 , a registered voter who requests and
receives an absent voter’s ballot may vote only by absent ballot at the
election for which the absent ballot was issued.
2. If a registered voter has requested an absent ballot and the
ballot has been mailed or issued, the city clerk shall notify the
precinct or district election board that the registered voter has
requested an absent ballot.
(Added to NRS by 1997, 3431)
1. Except as otherwise provided in NRS 293.502 and 293C.265 , a registered voter who provides sufficient
written notice to the city clerk may vote an absent ballot as provided in
this chapter.
2. A registered voter who:
(a) Is at least 65 years of age; or
(b) Has a physical disability or condition that substantially
impairs his ability to go to the polling place,
Ę may request an absent ballot for all elections held during the year he
requests an absent ballot.
3. As used in this section, “sufficient written notice” means a:
(a) Written request for an absent ballot that is signed by the
registered voter and returned to the city clerk in person or by mail or
facsimile machine;
(b) Form prescribed by the Secretary of State that is completed and
signed by the registered voter and returned to the city clerk in person
or by mail or facsimile machine; or
(c) Form provided by the Federal Government.
4. A city clerk shall consider a request from a voter who has
given sufficient written notice on a form provided by the Federal
Government as:
(a) A request for the primary city election and the general city
election unless otherwise specified in the request; and
(b) A request for an absent ballot for the two primary and general
elections immediately following the date on which the city clerk received
the request.
5. It is unlawful for a person fraudulently to request an absent
ballot in the name of another person or to induce or coerce another
person fraudulently to request an absent ballot in the name of another
person. A person who violates any provision of this subsection is guilty
of a category E felony and shall be punished as provided in NRS 193.130
.
(Added to NRS by 1997, 3431; A 2001, 2959 ; 2003, 1659 , 2188 )
1. A registered voter referred to in NRS 293C.310 may, at any time before 5 p.m. on the
seventh calendar day preceding any election, make an application to the
city clerk for an absent voter’s ballot. The application must be made
available for public inspection.
2. When the voter has identified himself to the satisfaction of
the city clerk, he is entitled to receive the appropriate ballot or
ballots, but only for his own use.
3. A city clerk who allows a person to copy information from an
application for an absent ballot is immune from any civil or criminal
liability for any damage caused by the distribution of that information,
unless he knowingly and willingly allows a person who intends to use the
information to further an unlawful act to copy the information.
(Added to NRS by 1997, 3431; A 2001, 2960 )
1. Any registered voter of this State who resides outside the
continental United States may use a facsimile machine to request an
absent ballot.
2. The city clerk shall use a facsimile machine to send an absent
ballot to the registered voter.
3. The registered voter shall mail his absent ballot to the city
clerk.
4. The Secretary of State shall adopt regulations to carry out the
provisions of this section.
(Added to NRS by 1997, 3431; A 2001, 2960 )
1. Any registered voter who is unable to go to the polls:
(a) Because of an illness or disability resulting in his
confinement in a hospital, sanatorium, dwelling or nursing home; or
(b) Because he is suddenly hospitalized, becomes seriously ill or
is called away from home after the time has elapsed for requesting an
absent ballot as provided in NRS 293C.312 ,
Ę may submit a written request to the city clerk for an absent ballot.
The request may be submitted at any time before 5 p.m. on the day of the
election.
2. If the city clerk determines that a request submitted pursuant
to subsection 1 includes the information required pursuant to subsection
3, the city clerk shall, at the office of the city clerk, deliver an
absent ballot to the person designated in the request to obtain the
ballot for the registered voter.
3. A written request submitted pursuant to subsection 1 must
include:
(a) The name, address and signature of the registered voter
requesting the absent ballot;
(b) The name, address and signature of the person designated by the
registered voter to obtain, deliver and return the ballot for the
registered voter;
(c) A brief statement of the illness or disability of the
registered voter or of facts sufficient to establish that the registered
voter was called away from home after the time had elapsed for requesting
an absent ballot;
(d) If the voter is confined in a hospital, sanatorium, dwelling or
nursing home, a statement that he will be confined therein on the day of
the election; and
(e) Unless the person designated pursuant to paragraph (b) will
mark and sign an absent ballot on behalf of the registered voter pursuant
to subsection 5, a statement signed under penalty of perjury that only
the registered voter will mark and sign the ballot.
4. Except as otherwise provided in subsection 5, after marking his
ballot the voter must:
(a) Place it in the identification envelope;
(b) Affix his signature on the back of the envelope; and
(c) Return it to the office of the city clerk.
5. A person designated in a request submitted pursuant to
subsection 1 may, on behalf of and at the direction of the registered
voter, mark and sign the absent ballot. If the person marks and signs the
ballot, the person shall indicate next to his signature that the ballot
has been marked and signed on behalf of the registered voter.
6. A request for an absent ballot submitted pursuant to this
section must be made, and the ballot delivered to the voter and returned
to the city clerk, not later than the time the polls close on election
day.
7. The procedure authorized by this section is subject to all
other provisions of this chapter relating to voting by absent ballot to
the extent that those provisions are not inconsistent with the provisions
of this section.
(Added to NRS by 1997, 3432; A 1999, 2165 )
1. A registered voter who, because of a physical disability, is
unable to mark or sign a ballot or use a voting device without assistance
may submit a written statement to the appropriate city clerk requesting
that he receive an absent ballot for each city election conducted during
the period specified in subsection 3.
2. A written statement submitted pursuant to subsection 1 must:
(a) Include a statement from a physician licensed in this State
certifying that the registered voter is a person with a physical
disability and, because of the physical disability, he is unable to mark
or sign a ballot or use a voting device without assistance;
(b) Designate the person who will assist the registered voter in
marking and signing the absent ballot on behalf of the registered voter;
and
(c) Include the name, address and signature of the person
designated pursuant to paragraph (b).
3. Upon receipt of a written statement submitted by a registered
voter pursuant to subsection 1, the city clerk shall, if the statement
includes the information required pursuant to subsection 2, issue an
absent ballot to the registered voter for each city election that is
conducted during the year immediately succeeding the date the written
statement is submitted to the city clerk.
4. To determine whether a registered voter is entitled to receive
an absent ballot pursuant to this section, the city clerk may, every year
after an absent ballot is issued to a registered voter pursuant to
subsection 3, require the registered voter to submit a statement from a
licensed physician as specified in paragraph (a) of subsection 2. If a
statement from a physician licensed in this State submitted pursuant to
this subsection indicates that the registered voter is no longer
physically disabled, the city clerk shall not issue an absent ballot to
the registered voter pursuant to this section.
5. A person designated pursuant to paragraph (b) of subsection 2
may, on behalf of and at the direction of the registered voter, mark and
sign an absent ballot issued to the registered voter pursuant to the
provisions of this section. If the person marks and signs the ballot, the
person shall indicate next to his signature that the ballot has been
marked and signed on behalf of the registered voter.
6. The procedure authorized pursuant to this section is subject to
all other provisions of this chapter relating to voting by absent ballot
to the extent that those provisions are not inconsistent with the
provisions of this section.
(Added to NRS by 1999, 2162 )
1. The city clerk shall determine before issuing an absent ballot
that the person making application is a registered voter in the proper
city.
2. Armed Forces personnel who are not registered to vote and are
applying for absent ballots must complete:
(a) The application to register to vote required by NRS 293.517
for registration; or
(b) The form provided by the Federal Government for registration
and request of an absent ballot,
Ę before receiving an absent ballot.
(Added to NRS by 1997, 3432)
1. Except as otherwise provided in subsection 2, if the request
for an absent ballot is made by mail or facsimile machine, the city clerk
shall, as soon as the official absent ballot for the precinct or district
in which the applicant resides has been printed, send to the voter by
first-class mail if the absent voter is within the boundaries of the
United States, its territories or possessions or on a military base, or
by air mail if the absent voter is in a foreign country but not on a
military base:
(a) Except as otherwise provided in paragraph (b):
(1) An absent ballot;
(2) A return envelope;
(3) Supplies for marking the ballot;
(4) An envelope or similar device into which the ballot is
inserted to ensure its secrecy; and
(5) Instructions.
(b) In those cities using a mechanical voting system whereby a vote
is cast by punching a card:
(1) A card attached to a sheet of foam plastic or similar
backing material;
(2) A return envelope;
(3) A punching instrument;
(4) A sample ballot;
(5) An envelope or similar device into which the card is
inserted to ensure its secrecy; and
(6) Instructions.
2. If the city clerk fails to send an absent ballot pursuant to
subsection 1 to a voter who resides within the continental United States,
the city clerk may use a facsimile machine to send an absent ballot and
instructions to the voter. The voter shall mail his absent ballot to the
city clerk.
3. The return envelope sent pursuant to subsection 1 must include
postage prepaid by first-class mail if the absent voter is within the
boundaries of the United States, its territories or possessions or on a
military base.
4. Nothing may be enclosed or sent with an absent ballot except as
required by subsection 1 or 2.
5. Before depositing a ballot with the United States Postal
Service or sending a ballot by facsimile machine, the city clerk shall
record the date the ballot is issued, the name of the registered voter to
whom it is issued, his precinct or district, the number of the ballot and
any remarks he finds appropriate.
6. The Secretary of State shall adopt regulations to carry out the
provisions of subsection 2.
(Added to NRS by 1997, 3432; A 1999, 679 ; 2001, 2036 ; 2003, 149 )
1. Except as otherwise provided in subsections 2 and 3, when an
absent ballot is returned by a registered voter to the city clerk through
the mails, and record thereof is made in the absent ballot record book,
the city clerk shall neatly stack, unopened, the absent ballot with any
other absent ballot received that day in a container and deliver, or
cause to be delivered, that container to the precinct or district
election board.
2. If the city clerk has appointed an absent ballot central
counting board, the city clerk shall, upon receipt of each absent voter’s
ballot, make a record of the return and check the signature on the return
envelope against the original signature of the voter on the county
clerk’s register. If the city clerk determines that the absent voter is
entitled to cast his ballot, he shall deposit the ballot in the proper
ballot box. At the end of each day before election day, the city clerk
may remove the ballots from each ballot box and neatly stack the ballots
in a container. Except as otherwise provided in subsection 3, on election
day the city clerk shall deliver the ballot box and, if applicable, each
container to the absent ballot counting board to be counted.
3. If the city uses a mechanical voting system, the city clerk
shall, upon receipt of each absent voter’s ballot, make a record of the
return and check the signature on the return envelope against the
original signature of the county clerk’s register. If the city clerk
determines that the absent voter is entitled to cast his ballot, he shall
deposit the ballot in the proper ballot box or place the ballot,
unopened, in a container that must be securely locked or under the
control of the city clerk at all times. At the end of each day before
election day, the city clerk may remove the ballots from each ballot box,
neatly stack the ballots in a container and seal the container with a
numbered seal. Except as otherwise provided in this subsection, on
election day the city clerk shall deliver the ballot box and each
container, if applicable, to the central counting place. If the city uses
a mechanical voting system and the city clerk has appointed an absent
ballot central counting board, the city clerk may, not earlier than 4
working days before the election, deliver the ballots to the absent
ballot central counting board to be processed and prepared for tabulation
pursuant to the procedures established by the Secretary of State.
(Added to NRS by 1997, 3433; A 2001, 2037 )
1. If:
(a) A request for an absent ballot is made by a registered voter in
person; and
(b) The governing body of the city, pursuant to paragraph (b) of
subsection 2 of NRS 293C.110 , has
provided for voting by absent ballot in person,
Ę the city clerk shall issue an absent ballot to the registered voter,
and the ballot must be voted on the premises of the city clerk’s office
and returned to the city clerk. The city clerk shall follow the same
procedure as in the case of absent ballots received by mail.
2. If the governing body of the city has provided for voting by
absent ballot in person pursuant to paragraph (b) of subsection 2 of NRS
293C.110 , at least 20 days before a
primary city election or general city election until 5 p.m. on:
(a) The Friday before the election; or
(b) If the office of a city clerk is not scheduled to be open on
the Friday before the election, the Thursday before the election,
Ę each city clerk shall provide a voting booth, with suitable equipment
for voting, on the premises of his office for use by registered voters
who are issued absent ballots in accordance with this section.
(Added to NRS by 1997, 3433; A 1999, 271 , 679 )
1. During the period specified in subsection 2 of NRS 293C.327
when the city clerk’s office is
maintained with suitable equipment for voting an absent ballot in person:
(a) A person may not electioneer for or against any candidate,
measure or political party in or within 100 feet from the entrance to the
city clerk’s office.
(b) The city clerk shall keep continuously posted:
(1) At each entrance to the city clerk’s office, a sign on
which is printed in large letters “Polling Place for Voting Absent
Ballots”; and
(2) At the outer limits of the area within which
electioneering is prohibited, a sign on which is printed in large letters
“Distance Marker: No electioneering between this point and any entrance
to the city clerk’s office.”
2. Ropes or other suitable objects may be used at the city clerk’s
office to ensure compliance with this section.
3. Any person who willfully violates the provisions of this
section is guilty of a gross misdemeanor.
(Added to NRS by 1999, 266 )
1. Except as otherwise provided in NRS 293C.315 and subsection 2 of NRS 293C.322 and any regulations adopted pursuant
thereto, when an absent voter receives his ballot, he must mark and fold
it, if it is a paper ballot, or punch it, if the ballot is voted by
punching a card, in accordance with the instructions, deposit it in the
return envelope, seal the envelope, affix his signature on the back of
the envelope in the space provided therefor and mail the return envelope.
2. Except as otherwise provided in subsection 3, if an absent
voter who has requested a ballot by mail applies to vote the ballot in
person at:
(a) The office of the city clerk, he must mark or punch the ballot,
seal it in the return envelope and affix his signature in the same manner
as provided in subsection 1, and deliver the envelope to the city clerk.
(b) A polling place, including, without limitation, a polling place
for early voting, he must surrender the absent ballot and provide
satisfactory identification before being issued a ballot to vote at the
polling place. A person who receives a surrendered absent ballot shall
mark it “Cancelled.”
3. If an absent voter who has requested a ballot by mail applies
to vote in person at the office of the city clerk or a polling place,
including, without limitation, a polling place for early voting, and the
voter does not have the absent ballot to deliver or surrender, the voter
must be issued a ballot to vote if the voter:
(a) Provides satisfactory identification;
(b) Is a registered voter who is otherwise entitled to vote; and
(c) Signs an affirmation under penalty of perjury on a form
prepared by the Secretary of State declaring that the voter has not voted
during the election.
4. Except as otherwise provided in NRS 293C.317 , it is unlawful for any person to return an
absent ballot other than the voter who requested the absent ballot or, at
the request of the voter, a member of his family. A person who returns an
absent ballot and who is a member of the family of the voter who
requested the absent ballot shall, under penalty of perjury, indicate on
a form prescribed by the city clerk that he is a member of the family of
the voter who requested the absent ballot and that the voter requested
that he return the absent ballot. A person who violates the provisions of
this subsection is guilty of a category E felony and shall be punished as
provided in NRS 193.130 .
(Added to NRS by 1997, 3433; A 1999, 679 , 2167 ; 2001, 2037 , 2960 ; 2003, 200 , 210 )
On the day of an election, the precinct or district election boards
receiving the absent voters’ ballots from the city clerk shall, in the
presence of a majority of the election board officers, remove the ballots
from the ballot box and the containers in which the ballots were
transported pursuant to NRS 293C.325
and deposit the ballots in the regular ballot box in the following manner:
1. The name of the voter, as shown on the return envelope, must be
called and checked as if the voter were voting in person;
2. The signature on the back of the return envelope must be
compared with that on the original application to register to vote;
3. If the board determines that the absent voter is entitled to
cast his ballot, the envelope must be opened, the numbers on the ballot
and envelope compared, the number strip or stub detached from the ballot
and, if the numbers are the same, the ballot deposited in the regular
ballot box; and
4. The election board officers shall mark in the pollbook opposite
the name of the voter the word “Voted.”
(Added to NRS by 1997, 3434; A 2001, 2038 )
When all absent ballots delivered to precinct or district
election boards have been voted or rejected, the empty envelopes and the
envelopes containing rejected ballots must be returned to the city clerk.
On all envelopes containing the rejected ballots the cause of rejection
must be noted and the envelope signed by a majority of the election board
officers.
(Added to NRS by 1997, 3434)
1. In cities in which an absent ballot central counting board is
appointed, the city clerk shall provide a ballot box in his office for
each different ballot listing in the city.
2. On each box there must appear a statement indicating the
precincts and district for which the box has been designated.
3. Each absent ballot voted must be deposited in a ballot box
according to the precinct or district of the absent voter voting that
ballot.
(Added to NRS by 1997, 3434)
VOTING IN MAILING PRECINCTS
1. A registered voter who resides in an election precinct in which
there were not more than 200 voters registered for the last preceding
city general election, or in a precinct in which it appears to the
satisfaction of the city clerk that there are not more than 200
registered voters, may vote at any election regulated by this chapter in
the manner provided in NRS 293C.345
to 293C.352 .
2. Whenever the city clerk has designated a precinct as a mailing
precinct, registered voters residing in that precinct may vote at any
election regulated by this chapter in the manner provided in NRS 293C.345
to 293C.352 .
(Added to NRS by 1997, 3434)
Except as otherwise provided in NRS
293C.115 , the city clerk shall mail
to each registered voter in each mailing precinct and in each absent
ballot mailing precinct, before 5 p.m. on the third Thursday in March and
before 5 p.m. on the fourth Tuesday in May of any year in which a general
city election is held, an official mailing ballot to be voted by him at
the election.
(Added to NRS by 1997, 3435; A 1999, 3556 ; 2003, 678 )
1. The city clerk shall:
(a) Make certain of the names and addresses of all voters
registered to vote in mailing precincts and absent ballot mailing
precincts;
(b) Enroll the name and address of each voter found eligible to
vote in those precincts in the mailing precinct record book;
(c) Mark the number of the ballot on the return envelope; and
(d) Mail the ballot to the registered voter.
2. Except as otherwise provided in subsection 3, the ballot must
be accompanied by:
(a) Supplies for marking the ballot;
(b) A return envelope;
(c) An envelope or similar device into which the ballot is inserted
to ensure its secrecy;
(d) A sample ballot; and
(e) Instructions regarding the manner of marking and returning the
ballot.
3. In those cities using a mechanical voting system whereby a vote
is cast by punching a card, the ballot must be accompanied by:
(a) A sheet of foam plastic or similar backing material attached to
the card;
(b) A punching instrument;
(c) A return envelope;
(d) An envelope or similar device into which the card is inserted
to ensure its secrecy;
(e) A sample ballot; and
(f) Instructions concerning the manner of punching and returning
the card.
(Added to NRS by 1997, 3435; A 1999, 679 )
Upon
receipt of a mailing ballot from the city clerk, the registered voter
must:
1. Except as otherwise provided in subsection 2:
(a) Immediately after opening the envelope, mark and fold the
ballot;
(b) Place the ballot in the return envelope;
(c) Affix his signature on the back of the envelope; and
(d) Mail or deliver the envelope to the city clerk.
2. In those cities using a mechanical voting system whereby a vote
is cast by punching a card:
(a) Immediately after opening the envelope, punch the card;
(b) Place the unfolded card in the return envelope;
(c) Affix his signature on the back of the envelope; and
(d) Mail or deliver the envelope to the city clerk.
(Added to NRS by 1997, 3435)
Upon receipt of the return envelope from the
registered voter, the city clerk shall follow the same procedure as in
the case of absent ballots.
(Added to NRS by 1997, 3436)
EARLY VOTING BY PERSONAL APPEARANCE
The provisions of NRS
293C.355 to 293C.361 , inclusive, apply to a city only if the
governing body of the city has provided for early voting by personal
appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110
.
(Added to NRS by 1999, 267 )
1. If a request is made to vote early by a registered voter in
person, the city clerk shall issue a ballot for early voting to the
voter. Such a ballot must be voted on the premises of the clerk’s office
and returned to the clerk. If the ballot is a paper ballot or a ballot
which is voted by punching a card, the clerk shall follow the same
procedure as in the case of absent ballots received by mail.
2. On the dates for early voting prescribed in NRS 293C.3568
, each city clerk shall provide a
voting booth, with suitable equipment for voting, on the premises of his
office for use by registered voters who are issued ballots for early
voting in accordance with this section.
(Added to NRS by 1993, 2169; A 1995, 2626, 2777; 1997, 668, 671,
2778; 1999, 690 )
1. The permanent and temporary polling places for early voting by
personal appearance must satisfy the criteria to be used to select
permanent and temporary polling places for early voting by personal
appearance provided by the city clerk pursuant to subsection 2.
2. The city clerk shall:
(a) Provide by rule or regulation for the criteria to be used to
select permanent and temporary polling places for early voting by
personal appearance; and
(b) At a meeting of the city council or other governing body of the
city, inform the city council or other governing body of the sites
selected as permanent and temporary polling places for early voting by
personal appearance.
(Added to NRS by 2005, 2290 )
1. The city clerk may establish permanent polling places for early
voting by personal appearance in the city at the locations selected by
him pursuant to NRS 293C.3561 .
2. Any person entitled to vote early by personal appearance may do
so at any polling place for early voting.
(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671,
2778; 1999, 690 ; 2005, 2293 )
1. The period for early voting by personal appearance begins the
third Saturday preceding a primary city election or general city
election, and extends through the Friday before election day, Sundays and
holidays excepted.
2. The city clerk may:
(a) Include any Sunday or holiday that falls within the period for
early voting by personal appearance.
(b) Require a permanent polling place for early voting to remain
open until 8 p.m. on any Saturday that falls within the period for early
voting.
3. A permanent polling place for early voting must remain open:
(a) On Monday through Friday:
(1) During the first week of early voting, from 8 a.m. until
6 p.m.
(2) During the second week of early voting, from 8 a.m.
until 6 p.m. or until 8 p.m. if the city clerk so requires.
(b) On any Saturday that falls within the period for early voting,
from 10 a.m. until 6 p.m.
(c) If the city clerk includes a Sunday that falls within the
period for early voting pursuant to subsection 2, during such hours as he
may establish.
(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671,
2778; 1999, 690 )
1. In addition to permanent polling places for early voting, the
city clerk may establish temporary branch polling places for early voting
pursuant to NRS 293C.3561 .
2. The provisions of subsection 3 of NRS 293C.3568 do not apply to a temporary polling place.
Voting at a temporary branch polling place may be conducted on any one or
more days and during any hours within the period for early voting by
personal appearance, as determined by the city clerk.
3. The schedules for conducting voting are not required to be
uniform among the temporary branch polling places.
4. The legal rights and remedies which inure to the owner or
lessor of private property are not impaired or otherwise affected by the
leasing of the property for use as a temporary branch polling place for
early voting, except to the extent necessary to conduct early voting at
that location.
(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671,
2779; 1999, 690 ; 2005, 2293 )
1. The city clerk shall publish during the week before the period
for early voting and at least once each week during the period for early
voting in a newspaper of general circulation a schedule stating:
(a) The location of each permanent and temporary polling place for
early voting and the election precincts served by each location.
(b) The dates and hours that early voting will be conducted at each
location.
2. The city clerk shall post a copy of the schedule on the
bulletin board used for posting notice of the meetings of the city
council. The schedule must be posted continuously for a period beginning
not later than the fifth day before the first day of the period for early
voting by personal appearance and ending on the last day of that period.
3. The city clerk shall make copies of the schedule available to
the public in reasonable quantities without charge during the period of
posting.
4. No additional polling places for early voting may be
established after the schedule is published pursuant to this section.
(Added to NRS by 1993, 2170; A 1997, 2779; 1999, 690 )
1. The city clerk shall appoint for each polling place for early
voting a deputy clerk for early voting who must serve as the election
officer in charge of the polling place.
2. The city clerk may also appoint as many additional deputy
clerks as he deems necessary for the proper conduct of the election.
(Added to NRS by 1993, 2170; A 1997, 2779; 1999, 690 )
If ballots which are voted on a mechanical
recording device which directly records the votes electronically are used
during the period for early voting by personal appearance, the election
board shall, before the polls open on each day during that period:
1. Prepare each mechanical recording device for voting.
2. Ensure that each mechanical recording device will not register
any ballots which were previously voted on the mechanical recording
device as having been voted on that day.
(Added to NRS by 1995, 2773; A 1999, 690 )
1. Upon the appearance of a person to cast a ballot for early
voting, the deputy clerk for early voting shall:
(a) Determine that the person is a registered voter in the county;
(b) Instruct the voter to sign the roster for early voting; and
(c) Verify the signature of the voter against that contained on the
original application to register to vote or facsimile thereof, the card
issued to the voter at the time of registration or some other piece of
official identification.
2. The city clerk shall prescribe a procedure, approved by the
Secretary of State, to determine that the voter has not already voted
pursuant to this section.
3. The roster for early voting must contain:
(a) The voter’s name, the address where he is registered to vote,
his voter identification number and a place for the voter’s signature;
(b) The voter’s precinct or voting district number; and
(c) The date of voting early in person.
4. When a voter is entitled to cast his ballot and has identified
himself to the satisfaction of the deputy clerk for early voting, he is
entitled to receive the appropriate ballot or ballots, but only for his
own use at the polling place for early voting.
5. If the ballot is voted by punching a card, the deputy clerk for
early voting shall:
(a) Ensure that the voter’s precinct or voting district and the
form of ballot are indicated on the card;
(b) Direct the voter to the appropriate mechanical recording device
for his form of ballot; and
(c) Allow the voter to place his voted ballot in the ballot box.
6. If the ballot is voted on a mechanical recording device which
directly records the votes electronically, the deputy clerk for early
voting shall:
(a) Prepare the mechanical recording device for the voter;
(b) Ensure that the voter’s precinct or voting district and the
form of ballot are indicated on each part of the voting receipt;
(c) Retain one part of the voting receipt for the election board
and return the other part of the voting receipt to the voter; and
(d) Allow the voter to cast his vote.
7. A voter applying to vote early by personal appearance may be
challenged pursuant to NRS 293C.292 .
(Added to NRS by 1993, 2170; A 1995, 2267, 2779; 1997, 668, 671,
2780; 1999, 690 )
The ballot box for early voting in which voted
ballots which are paper ballots or ballots which are voted by punching a
card are deposited must have two numbered seals, and must be designed and
constructed so that the box can be sealed to detect any unauthorized
opening of the box and that the ballot slot can be sealed to prevent any
unauthorized deposit in the box. The seals for the boxes must be serially
numbered for each election.
(Added to NRS by 1993, 2171; A 1995, 2779; 1997, 2780; 1999, 690
, 2167 )
1. A plan for the security of ballots for early voting must be
submitted to the Secretary of State for approval no later than 90 days
before the election at which early voting is to be conducted.
2. At the close of early voting each day, the deputy clerk for
early voting shall secure each voting machine used for early voting in a
manner prescribed by the Secretary of State so that its unauthorized
operation is prevented.
3. All materials for early voting must be delivered to the city
clerk’s office at the close of voting on the last day for voting at the
polling place for early voting.
(Added to NRS by 1993, 2171; A 1995, 2780; 1997, 2781; 1999, 690
)
1. A ballot board for early voting must be appointed by the city
clerk to handle early voting ballots for that city.
2. The board must consist of three members. No candidate or his
relative within the second degree of consanguinity or affinity may be
appointed as an election board member.
(Added to NRS by 1993, 2171; A 1997, 2781; 1999, 271 , 690 )
If
paper ballots or ballots which are voted by punching a card are used
during the period for early voting by personal appearance:
1. Each voting day during that period, the ballots voted at the
permanent or temporary polling place may be removed from the ballot box
and neatly stacked in a container that is sealed with a numbered seal
after the ballots are stacked inside. The ballot box or sealed container
must be delivered by an election board officer to the city clerk’s office
at the close of each voting day. The seal on the ballot box or container
must indicate the number of voted ballots contained in that box or
container for that day.
2. When the ballot box or container is delivered pursuant to
subsection 1, the city clerk shall provide a new ballot box sealed in the
manner prescribed in NRS 293C.359 .
3. At the close of each voting day before the fourth voting day
before the last day to vote early, the city clerk may deliver all ballots
voted to the ballot board for early voting. At the close of the fourth
voting day before the last day to vote early and at the close of each of
the 3 days thereafter, the city clerk shall deliver all ballots voted to
the ballot board for early voting. At the close of the last voting day,
the city clerk shall deliver to the ballot board for early voting:
(a) Each remaining ballot box and container that holds the ballots
voted early by personal appearance;
(b) A voting roster of all persons who voted early by personal
appearance; and
(c) Any list of registered voters used in conducting early voting.
4. Upon the receipt of ballots, the board shall:
(a) Remove all ballots from the ballot boxes and containers and
sort the ballots by precinct or voting district;
(b) Count the number of ballots by precinct or voting district;
(c) Account for all ballots on an official statement of ballots; and
(d) Place all official ballots in the container provided to
transport those items to a central counting place and seal the container
with a numbered seal. The official statement of ballots must accompany
the voted ballots to the central counting place.
5. The city clerk shall allow members of the general public to
observe the handling of the ballots pursuant to subsections 1 and 4 if
those members do not interfere with the handling of the ballots.
(Added to NRS by 1993, 2171; A 1995, 2780; 1997, 2781; 1999, 690
, 2167 ; 2001, 2038 )
If ballots which are
voted on a mechanical recording device which directly records the votes
electronically are used during the period for early voting by personal
appearance in an election other than a presidential preference primary
election:
1. At the close of each voting day the election board shall:
(a) Prepare and sign a statement for the polling place. The
statement must include:
(1) The title of the election;
(2) The number of the precinct or voting district;
(3) The number which identifies the mechanical recording
device and the storage device required pursuant to NRS 293B.084 ;
(4) The number of ballots voted on the mechanical recording
device for that day;
(5) The number of signatures in the roster for early voting
for that day; and
(6) The number of voting receipts retained pursuant to NRS
293C.3585 for that day.
(b) Secure:
(1) The ballots pursuant to the plan for security required
by NRS 293C.3594 ; and
(2) Each mechanical voting device in the manner prescribed
by the Secretary of State pursuant to NRS 293C.3594 .
2. At the close of the last voting day, the city clerk shall
deliver to the ballot board for early voting:
(a) The statements for all polling places for early voting;
(b) The voting receipts retained pursuant to NRS 293C.3585 ;
(c) The voting rosters used for early voting;
(d) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used
during the period for early voting; and
(e) Any other items as determined by the city clerk.
3. Upon receipt of the items set forth in subsection 2 at the
close of the last voting day, the ballot board for early voting shall:
(a) Sort the items by precinct or voting district;
(b) Count the number of ballots voted by precinct or voting
district;
(c) Account for all ballots on an official statement of ballots; and
(d) Place the items in the container provided to transport those
items to the central counting place and seal the container with a number
seal. The official statement of ballots must accompany the items to the
central counting place.
(Added to NRS by 1995, 2773; A 1997, 2782; 1999, 690 )
1. After 8 a.m. on election day, the appropriate board shall count
in public the returns for early voting.
2. The returns for early voting must not be reported until after
the polls have closed on election day.
3. The returns for early voting may be reported separately from
the regular votes of the precinct, unless reporting the returns
separately would violate the secrecy of the voter’s ballot.
4. The city clerk shall develop a procedure to ensure that each
ballot is kept secret.
5. Any person who disseminates to the public information relating
to the count of returns for early voting before the polls close is guilty
of a gross misdemeanor.
(Added to NRS by 1993, 2172; A 1995, 2627, 2781; 1997, 668, 671,
2783; 1999, 690 )
On election day, the city clerk
shall:
1. Ensure that each mechanical recording device used during the
period for early voting provides a record printed on paper of the total
number of votes recorded on the device for each candidate and for or
against each measure; and
2. Deliver to the central counting place:
(a) The items sorted and counted pursuant to subsection 3 of NRS
293C.3604 ;
(b) The records printed on paper provided pursuant to subsection 1;
and
(c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used
during the period for early voting.
(Added to NRS by 1995, 2774; A 1997, 2783; 1999, 690 )
1. During the time a polling place for early voting is open for
voting, a person may not electioneer for or against any candidate,
measure or political party in or within 100 feet from the entrance to the
voting area.
2. During the period of early voting, the city clerk shall keep
continuously posted:
(a) At the entrance to the room or area, as applicable, in which
the polling place for early voting is located, a sign on which is printed
in large letters “Polling Place for Early Voting”; and
(b) At the outer limits of the area within which electioneering is
prohibited, a sign on which is printed in large letters “Distance Marker:
No electioneering between this point and the entrance to the polling
place.”
3. Ropes or other suitable objects may be used at the polling
place to ensure compliance with this section. Persons who are not
expressly permitted by law to be in a polling place must be excluded from
the polling place to the extent practicable.
4. Any person who willfully violates the provisions of this
section is guilty of a gross misdemeanor.
(Added to NRS by 1993, 2172; A 1997, 80, 2783, 2792; 1999, 690
)
RETURNS AND CANVASS
The city clerk shall make a record of the receipt at the central
counting place of each sealed container used to transport official
ballots pursuant to NRS 293C.295 ,
293C.325 , 293C.3602 , 293C.630 and 293C.635 . The record must include the numbers
indicated on the container and its seal pursuant to NRS 293C.700 .
(Added to NRS by 1997, 3436; A 2001, 2039 )
When the polls are closed, the
counting board shall prepare to count the ballots voted. The counting
procedure must be public and continue without adjournment until
completed. If the ballots are paper ballots or ballots that are voted by
punching a card, the counting board shall prepare in the following manner:
1. The pollbooks must be compared and errors corrected until the
books agree.
2. The container that holds the ballots, or the ballot box must be
opened and the ballots contained therein counted by the counting board
and opened far enough to determine whether each ballot is single. If two
or more ballots are found folded together to present the appearance of a
single ballot, they must be laid aside until the count of the ballots is
completed. If, on comparison of the count with the pollbook, a majority
of the inspectors are of the opinion that the ballots folded together
were voted by one person, the ballots must be rejected and placed in an
envelope, upon which must be written the reason for their rejection. The
envelope must be signed by the counting board officers and placed in the
container or ballot box after the count is completed.
3. If the ballots in the container or box are found to exceed the
number of names on the pollbooks, the ballots must be replaced in the
container or box and a counting board officer shall, with his back turned
to the container or box, draw out a number of ballots equal to the
excess. The excess ballots must be marked on the back thereof with the
words “Excess ballots not counted.” The ballots when so marked must be
immediately sealed in an envelope and returned to the city clerk with the
other ballots rejected for any cause.
4. When it has been determined that the pollbook and the number of
ballots agree with the number of names of registered voters shown to have
voted, the board shall proceed to count. If there is a discrepancy
between the number of ballots and the number of voters, a record of the
discrepancy must be made.
(Added to NRS by 1997, 3436; A 2001, 2039 )
A counting
board in any precinct or district in which paper ballots are used may not
begin to count the votes until all ballots used or unused are accounted
for.
(Added to NRS by 1997, 3436)
1. The basic factor to be considered by an election board when
making a determination of whether a particular ballot must be rejected is
whether any identifying mark appears on the ballot which, in the opinion
of the election board, constitutes an identifying mark such that there is
a reasonable belief entertained in good faith that the ballot has been
tampered with and, as a result of the tampering, the outcome of the
election would be affected.
2. Regulations for counting ballots must include provisions that:
(a) An error in marking one or more votes on a ballot does not
invalidate any votes properly marked on that ballot.
(b) A soiled or defaced ballot may not be rejected if it appears
that the soiling or defacing was inadvertent and was not done purposely
to identify the ballot.
(c) Only devices provided for in this chapter, chapter 293 or 293B of NRS may be
used in marking ballots.
(d) It is unlawful for any election board officer to place any mark
upon any ballot other than a spoiled ballot.
(e) When an election board officer rejects a ballot for any alleged
defect or illegality, the officer shall seal the ballot in an envelope
and write upon the envelope a statement that it was rejected and the
reason for rejecting it. Each election board officer shall sign the
envelope.
(f) In cities where mechanical voting systems are used whereby a
vote is cast by punching a card, a superfluous punch into any card does
not constitute grounds for rejection of the ballot unless the election
board determines that the condition of the ballot justifies its exclusion
pursuant to subsection 1.
(Added to NRS by 1997, 3436; A 2001, 2040 )
An error in the information included by a
political party in a form to request an absent ballot does not constitute
grounds for rejecting an absent ballot cast by the voter.
(Added to NRS by 2001, 2035 )
1. When counting a vote in an election, if more choices than
permitted by the instructions for a ballot are marked for any office or
question, the vote for that office or question may not be counted.
2. Except as otherwise provided in subsection 1, in an election in
which a paper ballot is used whereby a vote is cast by placing a cross in
the designated square on the paper ballot, a cross in the designated
square must be counted as a vote.
3. Except as otherwise provided in subsection 1, in an election in
which a mechanical voting system is used whereby a vote is cast by
punching a card:
(a) A chip on the card must be counted as a vote if:
(1) The chip has at least one corner that is detached from
the card; or
(2) The fibers of paper on at least one edge of the chip are
broken in a way that permits unimpeded light to be seen through the card.
(b) A writing or other mark on the card, including, without
limitation, a cross, check, tear or scratch, may not be counted as a
vote. The remaining votes on such a card must be counted unless the
ballot is otherwise disqualified.
4. Except as otherwise provided in subsection 1, in an election in
which a mechanical voting system is used whereby a vote is cast by
darkening a designated space on the ballot:
(a) A vote must be counted if the designated space is darkened or
there is a writing in the designated space, including, without
limitation, a cross or check; and
(b) Except as otherwise provided in paragraph (a), a writing or
other mark on the ballot, including, without limitation, a cross, check,
tear or scratch may not be counted as a vote.
5. The Secretary of State:
(a) May adopt regulations establishing additional uniform,
statewide standards, not inconsistent with this section, for counting a
vote cast by a method of voting described in subsection 2, 3 or 4; and
(b) Shall adopt regulations establishing uniform, statewide
standards for counting a vote cast by each method of voting used in this
State that is not described in subsection 2, 3 or 4, including, without
limitation, a vote cast on a mechanical recording device which directly
records the votes electronically.
(Added to NRS by 2001, 2034 )
Except as otherwise provided in NRS 293C.115 :
1. Whenever a candidate whose name appears upon the ballot at a
primary city election dies after 5 p.m. of the first Tuesday after the
first Monday in March, his name must remain on the ballot and the votes
cast for the deceased candidate must be counted in determining the
nomination for the office for which the decedent was a candidate.
2. If the deceased candidate on the ballot at the primary city
election receives the number of votes required to receive the nomination
to the office for which he was a candidate, the nomination is filled as
provided in subsection 2 of NRS 293C.190 .
3. Whenever a candidate whose name appears upon the ballot at a
general city election dies after 5 p.m. of the second Tuesday after the
second Monday in April, the votes cast for the deceased candidate must be
counted in determining the results of the election for the office for
which the decedent was a candidate.
4. If the deceased candidate on the ballot at the general election
receives the majority of the votes cast for the office, he shall be
deemed elected and the office to which he was elected shall be deemed
vacant at the beginning of the term for which he was elected. The vacancy
created must be filled in the same manner as if the candidate had died
after taking office for that term.
(Added to NRS by 1997, 3437; A 1999, 3556 ; 2003, 678 , 1710 , 1713 )
When all
the votes have been tallied, the counting board officers shall enter on
the tally lists by the name of each candidate the number of votes he
received. The number must be expressed in words and figures. The vote for
and against any question submitted to the electors must be entered in the
same manner.
(Added to NRS by 1997, 3437)
If paper ballots or ballots which are voted by punching a card are used:
1. After the tally lists have been completed, the voted ballots,
rejected ballots, tally lists for regular ballots, tally list for
rejected ballots, challenge list, stubs of used ballots, spoiled ballots
and unused ballots must be sealed under cover by the counting board
officers and addressed to the city clerk.
2. The other pollbooks, tally lists and election board register
must be returned to the city clerk.
(Added to NRS by 1997, 3437; A 2001, 2961 )
1. Except as otherwise provided in subsection 2, each counting
board before it adjourns, shall post a copy of the voting results in a
conspicuous place on the outside of the place where the votes were
counted.
2. If votes are cast on ballots that are mechanically or
electronically tabulated in accordance with the provisions of this
chapter, chapter 293 or 293B of NRS, the city clerk shall, as soon as possible,
post copies of the tabulated voting results in a conspicuous place on the
outside of the counting facility, courthouse or city hall.
3. Each copy of the voting results posted in accordance with
subsections 1 and 2 must set forth the accumulative total of all the
votes cast within the city conducting the election and must be signed by
the members of the counting board or the computer program and processing
accuracy board.
(Added to NRS by 1997, 3438)
1. Beginning at 8 a.m. on the day before the day of an election,
the counting board, if it is responsible for counting absent ballots, or
the absent ballot central counting board shall withdraw the ballots from
each ballot box or container that holds absent ballots received before
that day and determine whether each box or container has the required
number of ballots according to the city clerk’s absent voters’ record.
2. The counting board or absent ballot central counting board
shall count the number of ballots in the same manner as election boards.
(Added to NRS by 1997, 3438; A 2001, 2040 )
1. After 8 a.m. on election day, the counting board, if it is
responsible for counting absent ballots, or the absent ballot central
counting board shall withdraw from the appropriate ballot boxes or
containers all the ballots received the previous day and determine
whether each box or container has the required number of ballots
according to the city clerk’s absent voters’ ballot record.
2. If any absent ballots are received by the city clerk on
election day pursuant to NRS 293C.317 , the city clerk shall deposit the absent
ballots in the appropriate ballot boxes or containers.
3. After 8 a.m. on election day, the appropriate board shall count
in public the votes cast on the absent ballots.
4. If paper ballots are used, the results of the absent ballot
vote in each precinct must be certified and submitted to the city clerk,
who shall have the results added to the regular votes of the precinct. If
a mechanical voting system is used in which a voter casts his ballot by
punching a card that is counted by a computer, the absent ballots may be
counted with the regular votes of the precinct. The returns of absent
ballots must be reported separately from the regular votes of the
precinct, unless reporting the returns separately would violate the
secrecy of a voter’s ballot. The city clerks shall develop a procedure to
ensure that each ballot is kept secret.
5. Any person who disseminates to the public information relating
to the count of absent ballots before the polls close is guilty of a
misdemeanor.
(Added to NRS by 1997, 3438; A 2001, 2040 )
1. The election returns from a special election, primary city
election or general city election must be filed with the city clerk, who
shall immediately place the returns in a safe or vault. No person may
handle, inspect or in any manner interfere with the returns until they
are canvassed by the mayor and the governing body of the city.
2. After the governing body of a city receives the returns from
all the precincts and districts in the city, it shall meet with the mayor
to canvass the returns. The canvass must be completed on or before the
fifth working day following the election.
3. In completing the canvass of the returns, the governing body of
the city and the mayor shall:
(a) Note separately any clerical errors discovered; and
(b) Take account of the changes resulting from the discovery, so
that the result declared represents the true vote cast.
4. After the canvass is completed, the governing body of the city
and mayor shall declare the result of the canvass.
5. The city clerk shall enter upon the records of the governing
body of the city an abstract of the result. The abstract must be prepared
in the manner prescribed by regulations adopted by the Secretary of State
and must contain the number of votes cast for each candidate.
6. After the abstract is entered, the:
(a) City clerk shall seal the election returns, maintain them in a
vault for at least 22 months and give no person access to them during
that period, unless access is ordered by a court of competent
jurisdiction or by the governing body of the city.
(b) Governing body of the city shall, by an order made and entered
in the minutes of its proceedings, cause the city clerk to:
(1) Certify the abstract;
(2) Make a copy of the certified abstract;
(3) Make a mechanized report of the abstract in compliance
with regulations adopted by the Secretary of State;
(4) Transmit a copy of the certified abstract and the
mechanized report of the abstract to the Secretary of State within 6
working days after the election; and
(5) Transmit on paper or by electronic means to each public
library in the city, or post on a website maintained by the city or the
city clerk on the Internet or its successor, if any, a copy of the
certified abstract within 30 days after the election.
7. After the abstract of the results from a:
(a) Primary city election has been certified, the city clerk shall
certify the name of each person nominated and the name of the office for
which he is nominated.
(b) General city election has been certified, the city clerk shall:
(1) Issue under his hand and official seal to each person
elected a certificate of election; and
(2) Deliver the certificate to the persons elected upon
their application at the office of the city clerk.
8. The officers elected to the governing body of the city qualify
and enter upon the discharge of their respective duties on the first
regular meeting of that body next succeeding that in which the canvass of
returns was made pursuant to subsection 2.
(Added to NRS by 1997, 3439; A 2003, 2256 )
The governing body of a city, a city clerk and any other
person who prepares an abstract of votes or other report of votes
pursuant to this chapter shall not include in that abstract or report a
person designated as an inactive voter pursuant to subsection 7 of NRS
293.530 when determining the percentage
of voters who have voted or the total number of voters.
(Added to NRS by 1999, 1395 )
1. The voted ballots, rejected ballots, spoiled ballots, challenge
lists, voting receipts, records printed on paper of voted ballots
collected pursuant to NRS 293B.400 ,
and stubs of the ballots used, enclosed and sealed, must, after canvass
of the votes by the governing body of the city, be deposited in the
vaults of the city clerk. The records of voted ballots that are
maintained in electronic form must, after canvass of the votes by the
governing body of the city, be sealed and deposited in the vaults of the
city clerk. The tally lists and pollbooks collected pursuant to NRS
293B.400 must, after canvass of the
votes by the governing body of the city, be deposited in the vaults of
the city clerk without being sealed. All materials described by this
subsection must be preserved for at least 22 months, and all such sealed
materials must be destroyed immediately after that period. A notice of
the destruction must be published by the city clerk in at least one
newspaper of general circulation in the city, or if no newspaper is of
general circulation in that city, in a newspaper of general circulation
in the nearest city, not less than 2 weeks before the destruction of the
materials.
2. Unused ballots, enclosed and sealed, must, after canvass of the
votes by the governing body of the city, be deposited in the vaults of
the city clerk and preserved for at least the period during which the
election may be contested and adjudicated, after which the unused ballots
may be destroyed.
3. The pollbooks containing the signatures of those persons who
voted in the election and the tally lists deposited with the governing
body of the city are subject to the inspection of any elector who may
wish to examine them at any time after their deposit with the city clerk.
4. A contestant of an election may inspect all of the material
relating to that election which is preserved pursuant to subsection 1 or
2, except the voted ballots.
5. The voted ballots deposited with the city clerk are not subject
to the inspection of any person, except in a contested election, and only
by the judge, body or board before whom the election is being contested,
or by the parties to the contest, jointly, pursuant to an order of the
judge, body or board.
(Added to NRS by 1997, 3440; A 1999, 2168 ; 2001, 2961 ; 2003, 1660 )
A certificate of election or commission must not
be withheld from the person having the highest number of votes for the
city office because of any contest of election filed in the city election
or any defect or informality in the returns of any city election, if it
can be ascertained with reasonable certainty from the returns what city
office is intended and who is entitled to the certificate or commission.
(Added to NRS by 1999, 267 )
REGISTRATION OF VOTERS; REGISTRARS
1. The city clerk may designate any building owned or leased by
the city, or any portion of such a building, as a municipal facility at
which electors may register to vote.
2. A municipal facility designated pursuant to subsection 1 must
be operated as an auxiliary municipal facility at which voter
registration is carried out in addition to being carried out at the
office of the city clerk.
3. If the city clerk designates a municipal facility pursuant to
subsection 1, the city clerk shall determine the hours of operation for
the facility and shall, in cooperation with the Secretary of State,
ensure that the facility is operated, staffed and equipped in compliance
with all applicable provisions of title 24 of NRS and all other
applicable provisions of state and federal law relating to the
registration of electors in this State.
(Added to NRS by 2005, 313 )
1. Any elector who is registered to vote and has changed his
residence after the last preceding general city election and who fails to
return or never receives a postcard mailed pursuant to NRS 293.5235
, 293.530 or 293.535
who moved:
(a) From one precinct to another within the same city must be
allowed to vote in the precinct where he previously resided after he
provides an oral or written affirmation before an election board officer
attesting to his new address.
(b) Within the same precinct must be allowed to vote after he
provides an oral or written affirmation before an election board officer
attesting to his new address.
2. If an elector alleges that the records in the registrar of
voters’ register or the election board register incorrectly indicate that
he has changed his residence, he must be allowed to vote after he
provides an oral or written affirmation before an election board officer
attesting that he continues to reside at the same address.
3. If an elector refuses to provide an oral or written affirmation
attesting to his address as required by this section, he may only vote at
the special polling place in the city in the manner set forth in NRS
293C.295 .
(Added to NRS by 1997, 3440)
1. Except as otherwise provided in NRS 293.502 , registration must close at 9 p.m. on the
third Tuesday preceding any primary city election or general city
election and at 9 p.m. on the third Saturday preceding any recall or
special election, except that if a recall or special election is held on
the same day as a primary city election or general city election,
registration must close at 9 p.m. on the third Tuesday preceding the day
of the elections.
2. The office of the city clerk must be open from 9 a.m. to 5 p.m.
and from 7 p.m. to 9 p.m., including Saturdays, during the last days
before the close of registration before a primary city election or
general city election, according to the following schedule:
(a) In a city whose population is less than 25,000, the office of
the city clerk must be open during the last 3 days before registration
closes.
(b) In a city whose population is 25,000 or more, the office of the
city clerk must be open during the last 5 days before registration closes.
3. Except for a special election held pursuant to chapter 306
or 350 of NRS:
(a) The city clerk of each city shall cause a notice signed by him
to be published in a newspaper having a general circulation in the city
indicating:
(1) The day that registration will be closed; and
(2) If the city clerk has designated a municipal facility
pursuant to NRS 293C.520 , the
location of that facility.
Ę If no newspaper is of general circulation in that city, the publication
may be made in a newspaper of general circulation in the nearest city in
this State.
(b) The notice must be published once each week for 4 consecutive
weeks next preceding the close of registration for any election.
4. For the period beginning on the fifth Sunday preceding any
primary city election or general city election and ending on the third
Tuesday preceding any primary city election or general city election, an
elector may register to vote only by appearing in person at the office of
the city clerk or, if open, a municipal facility designated pursuant to
NRS 293C.520 .
5. A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in
this section for such hours of operation as the city clerk may determine,
as set forth in subsection 3 of NRS 293C.520 .
(Added to NRS by 1997, 3441; A 2003, 1726 , 2189 ; 2005, 313 )
1. Before the period for early voting, but not later than 10 days
before an election, the city clerk shall cause to be mailed to each
registered voter in the city a sample ballot for his precinct with a
notice informing the voter of the location of his polling place. If the
location of the polling place has changed since the last election:
(a) The city clerk shall mail a notice of the change to each
registered voter in the city not sooner than 10 days before mailing the
sample ballots; or
(b) The sample ballot must also include a notice in bold type
immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
2. Except as otherwise provided in subsection 3, a sample ballot
required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type;
(b) Include the fiscal note and explanation, as required pursuant
to NRS 293.481 or 293.482 , of each citywide measure and advisory
question, including arguments for and against it; and
(c) Include on the front page, in a separate box created by bold
lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
3. A portion of a sample ballot that contains a facsimile of the
display area of a voting device may include material in less than
12-point type to the extent necessary to make the facsimile fit on the
pages of the sample ballot.
4. The sample ballot mailed to a person who requests a sample
ballot in large type by exercising the option provided pursuant to NRS
293.508 , or in any other manner, must
be printed in at least 14-point type, or larger when practicable.
5. If a person requests a sample ballot in large type, the city
clerk shall ensure that all future sample ballots mailed to that person
from the city are in large type.
6. The city clerk shall include in each sample ballot a statement
indicating that the city clerk will, upon request of a voter who is
elderly or disabled, make reasonable accommodations to allow the voter to
vote at his polling place and provide reasonable assistance to the voter
in casting his vote, including, without limitation, providing appropriate
materials to assist the voter. In addition, if the city clerk has
provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting
locations of specially equipped voting devices for use by voters who are
elderly or disabled, the city clerk shall include in the sample ballot a
statement indicating:
(a) The addresses of such centralized voting locations;
(b) The types of specially equipped voting devices available at
such centralized voting locations; and
(c) That a voter who is elderly or disabled may cast his ballot at
such a centralized voting location rather than at his regularly
designated polling place.
7. The cost of mailing sample ballots for a city election must be
borne by the city holding the election.
(Added to NRS by 1997, 3441; A 2001, 1438 , 2002 , 2962 ; 2003, 200 , 208 , 210 , 1660 , 1710 , 3198 )
1. Each person who resides within the boundaries of the city at
the time of the holding of any city election, and whose name appears upon
the statewide voter registration list as a registered voter of the city,
is entitled to vote at each special election, primary city election and
general city election, and for all officers to be voted for and on all
questions submitted to the people at those elections except as otherwise
provided in chapter 266 of NRS.
2. The governing body of a city may provide for a supplemental
registration.
(Added to NRS by 1997, 3442; A 2003, 2189 )
1. Except as otherwise provided by special charter, registration
of electors in incorporated cities must be accomplished in the manner
provided in this chapter.
2. The county clerk shall use the statewide voter registration
list to prepare for the city clerk of each incorporated city within his
county the election board register of all electors eligible to vote at a
regular or special city election.
3. The official register must be prepared in suitable books, one
for each ward or other voting district within each incorporated city. The
entries in the election board register must be arranged alphabetically
with the surnames first.
4. The county clerk shall keep duplicate originals or copies of
the applications to register to vote contained in the official register
in his office.
(Added to NRS by 1997, 3442; A 2003, 2189 )
Not later than 3 days before the day on which any regular or
special city election is held, the county clerk shall deliver to the city
clerk the official register for the city.
(Added to NRS by 1997, 3442; A 2001, 2962 )
The governing body of a city may cause a list of the
electors registered to vote at any city election to be published.
(Added to NRS by 1997, 3442)
1. As full compensation for all services rendered pursuant to the
provisions of NRS 293C.120 and
293C.535 to 293C.542 , inclusive, the county registrar is entitled
to receive on behalf of the county the sum of 15 cents for each name of
an elector copied by him, regardless of the number of times each name is
copied.
2. The account of the county registrar:
(a) Is a claim against the city.
(b) Must be made out so as to indicate clearly the number of names
copied by him.
(c) Must be sworn to and filed with the governing body of the city.
3. The claim, including all other just and reasonable demands of
other persons for books, advertising and supplies necessarily incurred in
carrying out the provisions of NRS 293C.120 and 293C.535 to 293C.542 , inclusive, must be audited and paid out of
the general fund of the city.
4. All money received by the county registrar pursuant to this
section must be deposited by him for credit to the general fund of the
county.
(Added to NRS by 1997, 3442)
MECHANICAL VOTING SYSTEMS
Administration
1. Before any election where a mechanical voting system will be
used, the city clerk shall prepare or cause to be prepared a computer
program on cards, tape or other material suitable for use with the
computer or counting device to be employed for counting the votes cast.
The program must cause the computer or counting device to operate in the
following manner:
(a) All lawful votes cast by each voter must be counted.
(b) All unlawful votes, including, but not limited to, overvotes
must not be counted.
(c) The computer or counting device must halt or indicate by
appropriate signal if a ballot is encountered that lacks a code
identifying the precinct in which it was voted.
2. The program must be prepared under the supervision of the
accuracy certification board appointed pursuant to the provisions of NRS
293B.140 .
3. The city clerk shall take such measures as he deems necessary
to protect the program from being altered or damaged.
(Added to NRS by 1997, 3443)
1. The accuracy certification board shall observe the conduct of
the tests prescribed by NRS 293B.150
and 293B.165 .
2. Representatives of the candidates and the press may also
observe the conduct of those tests.
(Added to NRS by 1997, 3443)
1. At each election a member of the election board for a precinct
shall issue each voter a ballot.
2. If a mechanical voting system is used in a primary city
election whereby votes are directly recorded electronically, a member of
the election board shall, in addition to the ballot described in
subsection 1, issue the voter a voting receipt.
3. The member of the election board shall:
(a) Direct the voter to a mechanical recording device containing a
list of offices and candidates; or
(b) Issue a ballot attached to a sheet of foam plastic or similar
backing material, a punching instrument, a sample ballot and an
instruction sheet to the voter and instruct him to punch his ballot by
reference to the sample ballot.
(Added to NRS by 1997, 3443)
Processing of Ballots
The city clerk
may order deputized officers to pick up all voted ballots from any or all
of the precincts or districts after the polls have been opened for 5
hours. At least two deputized officers shall deliver any ballots that are
picked up early to the central counting place. The various boards
operating the central counting place may begin to process those ballots
upon receipt, but no reports may be printed by the counting device or
computer until the polls have closed. Any ballots that are picked up
early must be transported to the central counting place in the manner
prescribed in NRS 293C.635 .
(Added to NRS by 1997, 3444)
1. Upon closing of the polls, the election board shall:
(a) Secure all mechanical recording devices against further voting.
(b) If a mechanical voting system is used whereby votes are cast by
punching a card:
(1) Count the number of ballots in the ballot boxes.
(2) Account for all ballots on the statement of ballots.
(3) Place all official ballots, the ballot statement and any
other records, reports and materials as directed by the city clerk into
the container provided by him to transport those items to a central
counting place and seal the container.
(c) If a mechanical voting system is used whereby votes are
directly recorded electronically:
(1) Ensure that each mechanical recording device:
(I) Provides a record printed on paper of the total
number of votes recorded on the device for each candidate and for or
against each measure; and
(II) Transfers the ballots voted on that device to the
storage device required pursuant to NRS 293B.084 .
(2) Count the number of ballots voted at the polling place.
(3) Account for all ballots on the statement of ballots.
(4) Place all records printed on paper provided by the
mechanical recording devices, all storage devices which store the ballots
voted on the mechanical recording devices, and any other records, reports
and materials as directed by the city clerk into the container provided
by him to transport those items to a central counting place and seal the
container.
(d) Record the number of voters on a form provided by the city
clerk.
2. If a difference exists between the number of voters and the
number of ballots voted, the election board shall report the difference
and any known reasons for the difference, in writing, to the city clerk.
3. After closing the polls, the election board shall:
(a) Compare the quantity of the supplies furnished by the city
clerk with the inventory of those supplies; and
(b) Note any shortages.
4. The city clerk shall allow members of the general public to
observe the handling of the ballots pursuant to subsection 1 if those
members do not interfere with the handling of the ballots.
(Added to NRS by 1997, 3444; A 2001, 1953 )
1. The chairman and at least one other member of the election
board shall deliver the sealed container to a receiving center or to the
central counting place, as directed by the city clerk.
2. The chairman shall provide for the transportation or other
disposition of all other supplies and election materials as directed by
the city clerk.
3. Any member of the general public may observe the delivery of a
sealed container to a receiving center or to the central counting place
if he does not interfere with the delivery of the sealed container.
(Added to NRS by 1997, 3444)
1. To facilitate the processing and computation of votes cast at
an election conducted under a mechanical voting system, the city clerk
shall create a computer program and processing accuracy board, and may
create:
(a) A central ballot inspection board;
(b) An absent ballot mailing precinct inspection board;
(c) A ballot duplicating board;
(d) A ballot processing and packaging board; and
(e) Such additional boards or appoint such officers as he deems
necessary for the expeditious processing of ballots.
2. Except as otherwise provided in subsection 3, the city clerk
may determine the number of members to constitute any board. He shall
make any appointments from among competent persons who are registered
voters in this State. The same person may be appointed to more than one
board but must meet the qualifications for each board to which he is
appointed.
3. If the city clerk creates a ballot duplicating board, the city
clerk shall appoint to the board at least two members. The members of the
ballot duplicating board must not all be of the same political party.
4. All persons appointed pursuant to this section serve at the
pleasure of the city clerk.
(Added to NRS by 1997, 3444; A 2001, 2041 )
The
central ballot inspection board shall:
1. Receive the ballots in sealed containers.
2. Inspect the containers, record the number indicated on each
container and its seal pursuant to NRS 293.462 and remove the ballots or storage devices that
store the ballots voted on mechanical recording devices that directly
record votes electronically.
3. Register the numbers of ballots by precinct.
4. Deliver any damaged ballots to the ballot duplicating board, if
the ballots were voted by punching a card.
5. Receive duplicates of damaged ballots from the ballot
duplicating board and place the duplicates with the voted ballots of the
appropriate precinct, if the ballots were voted by punching a card.
6. Place each damaged original ballot in a separate envelope and
note on the outside of the envelope the appropriate number of the
precinct, if the ballot was voted by punching a card.
7. Reject any ballot that has been marked in a way that identifies
the voter.
8. Place each rejected ballot in a separate envelope and note on
the outside of the envelope the appropriate number of the precinct and
the reason for the board’s rejection of the ballot, if the ballot was
voted by punching a card.
(Added to NRS by 1997, 3445)
The absent ballot mailing precinct inspection board shall:
1. Perform functions similar to those of the central ballot
inspection board and the ballot duplicating board as those functions are
applicable to absent and mailing ballots.
2. Bundle the empty absentee and mailing return envelopes
according to ballot type or precinct and deliver the bundles to the city
clerk.
3. Treat any absentee or mailing envelope found not to contain a
ballot as a rejected ballot and place that envelope in a separate larger
envelope on which must be written the ballot code or precinct and the
reason for the rejection.
(Added to NRS by 1997, 3445)
If ballots that
are voted by punching a card are used, the ballot duplicating board shall:
1. Receive damaged ballots, including ballots that have been torn,
bent or mutilated.
2. Receive cards with incompletely punched chips.
3. Prepare on a distinctly colored, serially numbered ballot
marked “duplicate” an exact copy of each damaged ballot.
4. In the case of a card with an incompletely punched chip:
(a) Remove the incompletely punched chip if:
(1) The chip has at least one corner that is detached from
the card; or
(2) The fibers of paper on at least one edge of the chip are
broken in a way that permits unimpeded light to be seen through the card;
or
(b) Duplicate the card without punching the location of the
incompletely punched chip if:
(1) The chip does not have at least one corner that is
detached from the card; and
(2) The fibers of paper on no edge of the chip are broken in
a way that permits unimpeded light to be seen through the card.
5. Record the serial number of the duplicate ballot on the damaged
original ballot and return the damaged and duplicate ballots to the
appropriate ballot inspection board.
6. Hold aside the duplicated ballots for counting after all other
ballots are counted if this procedure is directed by the city clerk.
(Added to NRS by 1997, 3445; A 2001, 2041 )
1. The ballot processing and packaging board must be composed of
persons who are qualified in the use of the data processing equipment to
be operated for the voting count.
2. The board shall:
(a) Allow members of the general public to observe the counting
area where the computers are located during the period when ballots are
being processed if those members do not interfere with the processing of
the ballots.
(b) Receive ballots and maintain groupings of them by precinct.
(c) Before each counting of the ballots or computer run begins,
validate the testing material with the counting program.
(d) Maintain a log showing the sequence in which the ballots of
each precinct are processed to ensure that the ballots of all precincts
are processed.
(e) After each counting of the ballots, verify the testing material
with the counting program to substantiate that there has been no
substitution or irregularity.
(f) Record an explanation of any irregularity that occurs in the
processing.
(g) Collect all returns, programs, testing materials, ballots and
other items used in the election at the computer center and package and
deliver the items to the city clerk for sealing and storage.
(Added to NRS by 1997, 3446)
1. The city clerk shall appoint the members of the computer
program and processing accuracy board not later than 7 days before the
election in which they will serve.
2. The board shall verify that:
(a) Any invalid voting of a ballot will cause it to be rejected.
(b) Votes can be counted for each candidate and proposition.
(c) Any overvote for an office or proposition will cause a
rejection of the vote for that office or proposition.
(d) Where multiple votes may be cast, the maximum number of votes
permitted a voter cannot be exceeded without rejecting the vote for that
selection, but any undervote will be counted.
(e) A voter’s omission to vote or his irregular vote on any
particular office or proposition will not prevent the counting of his
vote as to any other office or proposition on the ballot.
(Added to NRS by 1997, 3446)
MISCELLANEOUS PROVISIONS
1. Each container used to transport official ballots pursuant to
NRS 293C.295 , 293C.325 , 293C.3602 , 293C.630 and 293C.635 must:
(a) Be constructed of metal or any other rigid material; and
(b) Contain a seal which is placed on the container to ensure
detection of any opening of the container.
2. The container and seal must be separately numbered for
identification.
(Added to NRS by 1999, 267 ; A 2001, 2042 )
If a city
election is prevented in any precinct or district by reason of the loss
or destruction of the ballots intended for that precinct or district, or
any other cause, the election officers for that precinct or district
shall make an affidavit setting forth that fact and transmit it to the
governing body of the appropriate city. Upon receipt of the affidavit and
upon the application of any candidate for any city office to be voted for
by the registered voters of that precinct or district, the governing body
of the city shall order a new election in that precinct or district.
(Added to NRS by 1999, 267 )
1. If a city clerk maintains a website on the Internet for
information relating to elections, the website must contain public
information maintained, collected or compiled by the city clerk that
relates to elections, which must include, without limitation:
(a) The locations of polling places for casting a ballot on
election day in such a form that a registered voter may search the list
to determine the location of the polling place at which the registered
voter is required to cast a ballot; and
(b) The abstract of votes required to be posted on a website
pursuant to the provisions of NRS 293C.387 .
2. The abstract of votes required to be maintained on the website
pursuant to paragraph (b) of subsection 1 must be maintained in such a
format as to permit the searching of the abstract of votes for specific
information.
3. If the information required to be maintained by a city clerk
pursuant to subsection 1 may be obtained by the public from a website on
the Internet maintained by the Secretary of State, a county clerk or
another city clerk, the city clerk may provide a hyperlink to that
website to comply with the provisions of subsection 1 with regard to that
information.
(Added to NRS by 2005, 2291 )
Each city clerk is encouraged to:
1. Not later than the earlier date of the first notice provided
pursuant to subsection 3 of NRS 293.560
or NRS 293C.187 , notify the public,
through means designed to reach members of the public who are elderly or
disabled, of the provisions of NRS 293C.281 , 293C.282 , 293C.310 , subsection 1 of NRS 293C.312 , NRS 293C.317 and 293C.318 .
2. Provide in alternative audio and visual formats information
concerning elections, information concerning how to register to vote and
information concerning the manner of voting for use by a person who is
elderly or disabled, including, without limitation, providing such
information through a telecommunications device that is accessible to a
person who is deaf.
3. Not later than 5 working days after receiving the request of an
elderly or disabled person, provide to the person, in a format that can
be used by the person, any requested material that is:
(a) Related to elections; and
(b) Made available by the city clerk to the public in printed form.
(Added to NRS by 2001, 1436 ; A 2003, 1661 )
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