USA Statutes : nevada
Title : Title 24 - ELECTIONS
Chapter : CHAPTER 293 - ELECTIONS
As used in this title, unless the
context otherwise requires, the words and terms defined in NRS 293.013
to 293.121 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1960, 235; A 1973, 350; 1979, 262; 1987, 334,
1361; 1993, 2173; 1995, 2623, 2774; 1997, 2776; 1999, 262 ; 2001, 2946 ; 2003, 2174 )
“Absent ballot” means a
ballot voted by a person who expects to be or is absent from the polling
place for his precinct or district on election day.
(Added to NRS by 1960, 235; A 1991, 2217)
“Absent voter” means a
registered voter who has received or who has voted an absent ballot.
(Added to NRS by 1960, 235; A 1987, 690)
“Abstract of votes”
means a compilation of votes cast for a particular candidate by office
and precinct.
(Added to NRS by 1975, 935)
“Active registration”
means a current registration of a voter in the official register,
entitling such voter to vote in the manner provided by this title.
(Added to NRS by 1960, 235)
“Ballot” means the record of a
voter’s preference of candidates and questions voted upon at an election.
The term includes, without limitation, any paper given to a voter upon
which he places his vote, a punch card which records the vote of a voter
and electronic storage tapes.
(Added to NRS by 1960, 236; A 1995, 2774)
“Ballot listing” means the
list of the names of candidates as they appear on the ballot.
(Added to NRS by 1960, 236)
“Canvass” means a review of the
election results by the board of county commissioners or the mayor and
city council or the justices of the Supreme Court, by which any errors
within the election results are officially noted and the official
election results are declared.
(Added to NRS by 1975, 935; A 1987, 334)
“Central committee”
means the county or the state authority of a major political party.
(Added to NRS by 1960, 236; A 1989, 221)
“Certificate of
election” means a certificate prepared by the county or city clerk or
Governor, as the case may be, for the person having the highest number of
votes for any district, county, township, city, state or statewide office
as official recognition of the person’s election to office.
(Added to NRS by 1975, 935; A 1987, 334)
“Challenge list” means a
form furnished election board officers to be used in making a record of
all challenges.
(Added to NRS by 1960, 236)
“City of
population category one” means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter,
Ê whose population is 50,000 or more.
(Added to NRS by 1997, 2776; A 1999, 262 ; 2001, 633 )
“City of
population category two” means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter,
Ê whose population is more than 5,000 and less than 50,000.
(Added to NRS by 1999, 262 ; A 2001, 633 )
“City
of population category three” means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter,
Ê whose population is 5,000 or less.
(Added to NRS by 1999, 262 ; A 2001, 633 )
“Clerk” means the election board
officer designated or assigned to make the record of the election in the
pollbook, tally list and challenge list in the precinct or district in
which such officer is appointed.
(Added to NRS by 1960, 236; A 2001, 2946 )
“Contest” means an adversary
proceeding between a candidate for a public office who has received the
greatest number of votes and any other candidate for that office or, in
certain cases, any registered voter of the appropriate political
subdivision, for the purpose of determining the validity of an election.
(Added to NRS by 1975, 935)
Except as the term is used in NRS 293.393
, whenever the term “county clerk” is
used in this title it means “registrar of voters” in those counties where
such office has been created pursuant to the provisions of NRS 244.164
.
(Added to NRS by 1965, 670; A 1983, 925)—(Substituted in revision
for NRS 293.092)
“Deputy clerk” means a deputy
clerk for early voting who is appointed pursuant to NRS 293.358 to serve as the election officer in charge of
the polling place for early voting.
(Added to NRS by 1993, 2167)
“Election board
officer” means a person appointed to assist in the conduct of an election.
(Added to NRS by 1960, 236)
“Election board
register” means the record of registered voters provided to election
boards.
(Added to NRS by 1960, 236; A 1995, 2257)
“Elector” means a person who is
eligible to vote under the provisions of Section 1 of Article 2 of the
Constitution of the State of Nevada.
(Added to NRS by 1960, 236)
“Facsimile machine”
means a device that sends or receives a reproduction or facsimile of a
document or photograph which is transmitted electronically or
telephonically by telecommunications lines.
(Added to NRS by 2001, 2946 )
“Filing officer” means the
Secretary of State, county or city clerk or any other officer authorized
by law to receive designations and declarations of candidacy,
certificates and acceptances of nomination or any other nomination papers.
(Added to NRS by 1960, 236; A 1987, 334)
“General city
election” means an election held pursuant to NRS 293C.115 , 293C.140 or 293C.145 . The term includes a general municipal
election held pursuant to the provisions of a special charter of an
incorporated city.
(Added to NRS by 1987, 334; A 1997, 3447; 2003, 674 )
“General election” means
the election held pursuant to NRS 293.12755 .
(Added to NRS by 1960, 236; A 1987, 334)
“Independent
candidate” means a candidate who has been nominated for a partisan office
but who is registered with no political party affiliation pursuant to the
provisions of this title.
(Added to NRS by 1960, 236; A 1961, 284; 1963, 1386; 1967, 844)
“Judicial office” means
the office filled by any judicial officer.
(Added to NRS by 1961, 296)
“Judicial officer” means
any justice of the Supreme Court, any judge of a district court or any
justice of the peace.
(Added to NRS by 1961, 296)
“Mail” means the depositing of
printed or written matter in a mailbox or post office for delivery by the
United States Postal Service.
(Added to NRS by 1960, 236; A 1987, 712)
“Major political
party” means any organization which qualifies as such pursuant to NRS
293.128 .
(Added to NRS by 1989, 221)
“Mechanical
recording device” has the meaning ascribed to it in NRS 293B.032 .
(Added to NRS by 1995, 2772)
“Mechanical
voting system” has the meaning ascribed to it in NRS 293B.033 .
(Added to NRS by 1995, 2772)
“Minor political
party” means any organization which qualifies as such pursuant to NRS
293.171 .
(Added to NRS by 1987, 1359)
“Nonpartisan office”
means an elected office for which a political party may not nominate a
candidate.
(Added to NRS by 1995, 2772)
“Oath” includes affirmation.
(Added to NRS by 1961, 296)
“Physical disability”
means blindness or any other physical handicap making it impracticable to
cast a ballot.
(Added to NRS by 1960, 237; A 1961, 285; 1985, 1092)
“Political party” means
any minor or major political party.
(Added to NRS by 1960, 237; A 1963, 1382; 1971, 434; 1987, 1361;
1989, 221)
“Pollbook” means the form
furnished election board officers to be used for recording the names of
the registered voters issued ballots, the number on each ballot issued
and whether or not such ballots were voted.
(Added to NRS by 1960, 237)
“Precinct” means the smallest
voting area in a political subdivision.
(Added to NRS by 1960, 237)
“Primary city
election” means an election held pursuant to NRS 293C.115 or 293C.175 . The term includes a primary municipal
election held pursuant to the provisions of a special charter of an
incorporated city.
(Added to NRS by 1987, 334; A 1997, 3447; 2003, 674 )
“Primary election” means
the election held pursuant to NRS 293.175 .
(Added to NRS by 1960, 237; A 1975, 374; 1983, 1116; 1987, 334)
“Registered voter” means
an elector who has completed the procedure prescribed by law for
registration as a voter.
(Added to NRS by 1960, 237)
“Registrar
of voters’ register” means the record of registered voters kept by the
county clerk.
(Added to NRS by 1973, 351; A 1995, 2257)
“Regular votes” means the
votes cast by registered voters, except votes cast by absent ballot.
(Added to NRS by 1960, 237)
“Rejected ballot” means a
ballot that must not be counted because it is rejected by the election
board or counting board for any reason required or authorized by this
chapter.
(Added to NRS by 1961, 296; A 1997, 749)
“Roster” means the form furnished
election board officers to be used for obtaining the signature of each
person applying for a ballot.
(Added to NRS by 1960, 237)
“Sample ballot” means a
document distributed by a county or city clerk upon which is printed a
facsimile of a ballot. The term includes any such document which is
printed by a computer.
(Added to NRS by 1960, 237; A 1987, 334, 690)
“School office” means an
office filled by a school officer.
(Added to NRS by 1960, 237)
“School officers” means
the Board of Regents of the University of Nevada, members of the State
Board of Education and school district trustees.
(Added to NRS by 1960, 237; A 1993, 388)
Except as otherwise provided in NRS 293.541 :
1. County clerks may use any reliable and reasonable means
available to correct the portions of the statewide voter registration
list which are relevant to the county clerks and to determine whether a
registered voter’s current residence is other than that indicated on his
application to register to vote.
2. A county clerk may, with the consent of the board of county
commissioners, make investigations of registration in the county by
census, by house-to-house canvass or by any other method.
3. A county clerk shall cancel the registration of a voter
pursuant to this section if:
(a) He mails a written notice to the voter which the United States
Postal Service is required to forward;
(b) He mails a return postcard with the notice which has a place
for the voter to write his new address, is addressed to the county clerk
and has postage guaranteed;
(c) The voter does not respond; and
(d) The voter does not appear to vote in an election before the
polls have closed in the second general election following the date of
the notice.
4. For the purposes of this section, the date of the notice is
deemed to be 3 days after it is mailed.
5. The county clerk shall maintain records of:
(a) Any notice mailed pursuant to subsection 3;
(b) Any response to such notice; and
(c) Whether a person to whom a notice is mailed appears to vote in
an election,
Ê for not less than 2 years after creation.
6. The county clerk shall use any postcards which are returned to
correct the portions of the statewide voter registration list which are
relevant to the county clerk.
7. If a voter fails to return the postcard mailed pursuant to
subsection 3 within 30 days, the county clerk shall designate the voter
as inactive on his application to register to vote.
8. The Secretary of State shall adopt regulations to prescribe the
method for maintaining a list of voters who have been designated as
inactive pursuant to subsection 7.
(Added to NRS by 1960, 274; A 1979, 1394; 1987, 1590; 1989, 2169;
1995, 2277; 2003, 2184 )
In addition to the methods
described in NRS 293.530 , the county
clerk in each county may enter into an agreement with the United States
Postal Service or any person authorized by it to obtain the data compiled
by the United States Postal Service concerning changes of addresses of
its postal patrons for use by the county clerk to correct the portions of
the statewide voter registration list relevant to the county clerk.
(Added to NRS by 1995, 2257; A 2003, 2185 )
If a county clerk enters into an agreement pursuant to
NRS 293.5303 , he shall review each
notice of a change of address filed with the United States Postal Service
by a resident of the county and identify each resident who is a
registered voter and has moved to a new address. Before removing or
correcting information in the statewide voter registration list, the
county clerk shall mail a notice to each such registered voter and follow
the procedures set forth in NRS 293.530 .
(Added to NRS by 1995, 2257; A 2003, 2185 )
Any elector may bring
and any number of electors may join in an action or proceeding in a
district court to compel the county clerk to enter the name of such
elector or electors in the registrar of voters’ register and the election
board register.
(Added to NRS by 1960, 275; A 1973, 350)
1. The county clerk shall notify a registrant if any elector or
other reliable person files an affidavit with him stating that:
(a) The registrant is not a citizen of the United States; or
(b) The registrant has:
(1) Moved outside the boundaries of the county where he is
registered to another county, state, territory or foreign country, with
the intention of remaining there for an indefinite time and with the
intention of abandoning his residence in the county where registered; and
(2) Established his residence in some other state, territory
or foreign country, or in some other county of this state, naming the
place.
Ê The affiant must state that he has personal knowledge of the facts set
forth in the affidavit.
2. Upon the filing of an affidavit with him pursuant to paragraph
(b) of subsection 1, the county clerk shall notify the registrant in the
manner set forth in NRS 293.530 and
shall enclose a copy of the affidavit. If the registrant fails to respond
or appear to vote within the required time, the county clerk shall cancel
his registration.
3. An affidavit filed pursuant to paragraph (a) of subsection 1
must be filed not later than 30 days before an election. Upon the filing
of such an affidavit with him, the county clerk shall notify the
registrant by registered or certified mail, return receipt requested, of
the filing of the affidavit, and shall enclose a copy of the affidavit.
Unless the registrant, within 15 days after the return receipt has been
filed in the office of the county clerk, presents satisfactory proof of
citizenship, the county clerk shall cancel his registration.
4. The provisions of this section do not prevent the challenge
provided for in NRS 293.303 or 293C.292
.
(Added to NRS by 1960, 275; A 1969, 95; 1995, 2278; 1997, 3467)
1. The county clerk of each county shall maintain a file of the
applications to register to vote of electors who have cancelled their
registration. The file must be kept in alphabetical order. The county
clerk shall mark the applications “Cancelled,” and indicate thereon the
reason for cancellation. If the county clerk finds that the registration
of an elector was cancelled erroneously, the county clerk shall
reregister the elector or on election day allow the elector whose
registration was erroneously cancelled to vote pursuant to NRS 293.304
, 293.525 , 293C.295
or 293C.525 .
2. The county clerk may:
(a) Microfilm the applications to register to vote of an elector
who cancels his registration and destroy the originals at any time.
(b) Record cancelled applications to register to vote by computer
and destroy the originals at any time.
(c) Destroy any application to register to vote of an elector who
cancels his registration after the expiration of 3 years after the date
of cancellation.
(Added to NRS by 1960, 275; A 1967, 862; 1993, 2196; 1995, 2279;
1997, 3468)
The county clerk shall cancel the
registration:
1. If he has personal knowledge of the death of the person
registered, or if an authenticated certificate of the death of any
elector is filed in his office.
2. If the insanity or mental incompetence of the person registered
is legally established.
3. Upon the determination that the person registered has been
convicted of a felony unless:
(a) If the person registered was convicted of a felony in this
State, the right to vote of the person has been restored pursuant to the
provisions of NRS 213.090 , 213.155
or 213.157 .
(b) If the person registered was convicted of a felony in another
state, the right to vote of the person has been restored pursuant to the
laws of the state in which the person was convicted.
4. Upon the production of a certified copy of the judgment of any
court directing the cancellation to be made.
5. Upon the request of any registered voter to affiliate with any
political party or to change his affiliation, if that change is made
before the end of the last day to register to vote in the election.
6. At the request of the person registered.
7. If he has discovered an incorrect registration pursuant to the
provisions of NRS 293.5235 , 293.530
or 293.535 and the elector has failed to respond or
appear to vote within the required time.
8. As required by NRS 293.541 .
9. Upon verification that the application to register to vote is a
duplicate if he has the original or another duplicate of the application
on file in his office.
(Added to NRS by 1960, 275; A 1961, 295; 1967, 862; 1991, 1686,
2224; 1993, 2196; 1995, 2279; 2003, 2185 ; 2005, 2289 )
1. The county clerk shall cancel the registration of a voter, if:
(a) After consultation with the district attorney, the district
attorney determines that there is probable cause to believe that
information in the registration concerning the identity or residence of
the voter is fraudulent;
(b) The county clerk provides a notice as required pursuant to
subsection 2 or executes an affidavit of cancellation pursuant to
subsection 3; and
(c) The voter fails to present satisfactory proof of his identity
and residence pursuant to subsection 2, 4 or 5.
2. Except as otherwise provided in subsection 3, the county clerk
shall notify the voter by registered or certified mail, return receipt
requested, of a determination made pursuant to subsection 1. The notice
must set forth the grounds for cancellation. Unless the voter, within 15
days after the return receipt has been filed in the office of the county
clerk, presents satisfactory proof of his identity and residence to the
county clerk, the county clerk shall cancel his registration.
3. If insufficient time exists before a pending election to
provide the notice required by subsection 2, the county clerk shall
execute an affidavit of cancellation and file the affidavit of
cancellation with the registrar of voters’ register and:
(a) In counties where records of registration are not kept by
computer, the county clerk shall attach a copy of the affidavit of
cancellation in the election board register.
(b) In counties where records of registration are kept by computer,
the county clerk shall have the affidavit of cancellation printed on the
computer entry for the registration and add a copy of it to the election
board register.
4. If a voter appears to vote at the election next following the
date that an affidavit of cancellation was executed for the voter
pursuant to this section, the voter must be allowed to vote only if he
furnishes:
(a) Official identification which contains a photograph of himself,
including, without limitation, a driver’s license or other official
document; and
(b) Satisfactory identification that contains proof of the address
at which he actually resides and that address is consistent with the
address listed on the election board register.
5. If a determination is made pursuant to subsection 1 concerning
information in the registration to vote of a voter and an absent ballot
or a ballot voted by a voter who resides in a mailing precinct is
received from the voter, the ballot must be kept separate from other
ballots and must not be counted unless the voter presents satisfactory
proof to the county clerk of his identity and residence before such
ballots are counted on election day.
(Added to NRS by 2003, 2173 )
Within 30
days after a person is adjudicated insane or mentally incompetent by a
district court, the clerk of the district court shall provide a certified
copy of the order or judgment of insanity or mental incompetency to:
1. The county clerk of the county in which the person is a
resident, if the person is not a resident of the county in which the
district court is located; or
2. The registrar of voters of the county, if the person is a
resident of the county in which the district court is located and the
county has created the office of registrar of voters pursuant to NRS
244.164 .
(Added to NRS by 1997, 2776)
1. If the registration of an elector is cancelled pursuant to
subsection 2 of NRS 293.540 , the county
clerk shall reregister the elector upon notice from the clerk of the
district court that the elector has been declared sane or mentally
competent by the district court.
2. If the registration of an elector is cancelled pursuant to
subsection 3 of NRS 293.540 , the
elector may reregister after he presents satisfactory evidence which
demonstrates that:
(a) His conviction has been overturned; or
(b) His civil rights have been restored:
(1) If he was convicted in this State, pursuant to the
provisions of NRS 213.090 , 213.155
or 213.157 .
(2) If he was convicted in another state, pursuant to the
laws of the state in which he was convicted.
3. If the registration of an elector is cancelled pursuant to the
provisions of subsection 5 of NRS 293.540 , the elector may reregister immediately.
4. If the registration of an elector is cancelled pursuant to the
provisions of subsection 6 of NRS 293.540 , after the close of registration for a primary
election, the elector may not reregister until after the primary election.
(Added to NRS by 1960, 276; A 1993, 2196; 1995, 2280; 1997, 2786;
2005, 2289 )
1. After the 30th day but not later than the 25th day before any
election, a written challenge may be filed with the county clerk.
2. A registered voter may file a written challenge if:
(a) He is registered to vote in the same precinct or district as
the person whose right to vote is challenged; or
(b) The challenge is based on the personal knowledge of the
registered voter.
3. The challenge must be signed and verified by the registered
voter and name the person whose right to vote is challenged and the
ground of the challenge.
4. A challenge filed pursuant to this section must not contain the
name of more than one person whose right to vote is challenged. The
county clerk shall not accept for filing any challenge which contains
more than one such name.
5. The county clerk shall:
(a) File the challenge in the registrar of voters’ register and:
(1) In counties where records of registration are not kept
by computer, he shall attach a copy of the challenge to the challenged
registration in the election board register.
(2) In counties where records of registration are kept by
computer, he shall have the challenge printed on the computer entry for
the challenged registration and add a copy of it to the election board
register.
(b) Within 5 days after a challenge is filed, mail a notice in the
manner set forth in NRS 293.530 to the
person whose right to vote has been challenged pursuant to this section
informing him of the challenge. If the person fails to respond or appear
to vote within the required time, the county clerk shall cancel his
registration. A copy of the challenge and information describing how to
reregister properly must accompany the notice.
(c) Immediately notify the district attorney. A copy of the
challenge must accompany the notice.
6. Upon receipt of a notice pursuant to this section, the district
attorney shall investigate the challenge within 14 days and, if
appropriate, cause proceedings to be instituted and prosecuted in a court
of competent jurisdiction without delay. The court shall give such
proceedings priority over other civil matters that are not expressly
given priority by law. Upon court order, the county clerk shall cancel
the registration of the person whose right to vote has been challenged
pursuant to this section.
(Added to NRS by 1960, 276; A 1973, 350; 1975, 943; 1985, 563;
1991, 2225; 1999, 1395 , 2161 ; 2001, 90 , 91 )
1. A person who files a written challenge pursuant to NRS 293.547
or an affidavit pursuant to NRS 293.535
may withdraw the challenge or affidavit
not later than the 25th day before the date of the election, by
submitting a written request to the county clerk. Upon receipt of the
request, the county clerk shall:
(a) Remove the challenge or affidavit from the registrar of voters’
register, any election board register and any other record in which the
challenge or affidavit has been filed or entered;
(b) If a notice of the challenge or affidavit has been mailed to
the person who is the subject of the challenge or affidavit, mail a
notice and a copy of the request to withdraw to that person; and
(c) If a notice of the challenge has been mailed to the district
attorney, mail a notice and a copy of the request to withdraw to the
district attorney.
2. If the county clerk receives a request to withdraw pursuant to
subsection 1, the county clerk shall withdraw the person’s challenge or
affidavit.
(Added to NRS by 1999, 1389 )
Any elector of this State who has not registered to
vote in this State, or who has registered but whose registration has been
cancelled, and who contemplates enlisting in, or has been inducted into,
the Armed Forces of the United States may, at any time, appear before the
county clerk of the county of his residence or the field registrar
thereof and register as a voter in the manner provided by law.
(Added to NRS by 1960, 276; A 1993, 2197)
Any
elector of this State who is in the service of the United States or
attending an institution of learning, and by reason thereof is beyond the
boundaries of this State, and who has not registered before or whose
registration has been cancelled may, at any time, request from the county
clerk of the county of the elector’s residence by mail, telephone or
telegram an application to register to vote. The county clerk, if
satisfied that the elector is eligible for registration, shall forward
the application immediately. The county clerk shall, upon receipt of the
completed application, file it in the manner provided by law.
(Added to NRS by 1960, 277; A 1961, 298; 1989, 2170; 1995, 2280)
If the spouse or a dependent of an elector
referred to in NRS 293.553 is an
elector of this State but has not been registered, or his registration
has been cancelled, and such spouse or dependent of the elector is
required, by reason of the elector’s being in the service of the United
States, to reside beyond the boundaries of this State, such spouse or
dependent may register in the manner provided by NRS 293.553 .
(Added to NRS by 1960, 277; A 1961, 298)
1. The county clerk may cause to be published once in each of the
newspapers circulated in different parts of the county or cause to be
published once in a newspaper circulated in the county:
(a) An alphabetical listing of all registered voters, including the
precinct of each voter:
(1) Within the circulation area of each newspaper if the
listing is published in each newspaper circulated in different parts of
the county; or
(2) Within the entire county if the listing is published in
only one newspaper in the county; or
(b) A statement notifying the public that the county clerk will
provide an alphabetical listing of the names of all registered voters in
the entire county and the precinct of each voter free of charge to any
person upon request.
2. If the county clerk publishes the list of registered voters, he
must do so:
(a) Not less than 2 weeks before the close of registration for any
primary election.
(b) After each primary election and not less than 2 weeks before
the close of registration for the ensuing general election.
3. The county may not pay more than 10 cents per name for
six-point or seven-point type or 15 cents per name for eight-point type
or larger to each newspaper publishing the list.
4. The list of registered voters, if published, must not be
printed in type smaller than six-point.
(Added to NRS by 1960, 277; A 1967, 851; 1971, 448; 1973, 351, 896;
1975, 943; 1979, 534; 1993, 2197; 1995, 2224, 2630, 2784; 1997, 652, 655)
1. The county clerk shall disclose the identification number of a
registered voter to the public, including, without limitation:
(a) In response to an inquiry received by the county clerk; or
(b) By inclusion of the identification number of the registered
voter on any list of registered voters made available for public
inspection pursuant to NRS 293.301 ,
293.440 , 293.557 , 293C.290
or 293C.542 .
2. The county clerk shall not disclose the social security number
or the driver’s license or identification card number of a registered
voter.
3. A registered voter may submit a written request to the county
clerk to have his address and telephone number withheld from the public.
Upon receipt of such a request, the county clerk shall not disclose the
address or telephone number of the registered voter to the public,
including, without limitation:
(a) In response to an inquiry received by the county clerk; or
(b) By inclusion on any list of registered voters made available
for public inspection pursuant to NRS 293.301 , 293.440 ,
293.557 , 293C.290 or 293C.542 .
4. No information other than the address, telephone number, social
security number and driver’s license or identification card number of a
registered voter may be withheld from the public.
(Added to NRS by 1995, 2773; A 1997, 3468; 2001, 2956 ; 2005, 2290 )
1. Except as otherwise provided in NRS 293.502 , registration must close at 9 p.m. on the
third Tuesday preceding any primary or general 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 or
general election, registration must close at 9 p.m. on the third Tuesday
preceding the day of the elections.
2. The office of the county 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, according to the following schedule:
(a) In a county whose population is less than 100,000, the office
of the county clerk must be open during the last day before registration
closes.
(b) In all other counties, the office of the county 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 county clerk of each county shall cause a notice signed by
him to be published in a newspaper having a general circulation in the
county indicating:
(1) The day that registration will be closed; and
(2) If the county clerk has designated a county facility
pursuant to NRS 293.5035 , the location
of that facility.
Ê If no such newspaper is published in the county, the publication may be
made in a newspaper of general circulation published in the nearest
county 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. The offices of the county clerk, a county facility designated
pursuant to NRS 293.5035 and other ex
officio registrars may remain open on the last Friday in October in each
even-numbered year.
5. For the period beginning on the fifth Sunday preceding any
primary or general election and ending on the third Tuesday preceding any
primary or general election, an elector may register to vote only by
appearing in person at the office of the county clerk or, if open, a
county facility designated pursuant to NRS 293.5035 .
6. A county facility designated pursuant to NRS 293.5035 may be open during the periods described in
this section for such hours of operation as the county clerk may
determine, as set forth in subsection 3 of NRS 293.5035 .
(Added to NRS by 1960, 277; A 1963, 1376; 1964, 3; 1967, 862; 1971,
448; 1973, 351, 896; 1975, 943; 1977, 914; 1979, 268, 534; 1981, 959;
1985, 1098, 1902; 1987, 22; 1993, 2197, 2406; 1995, 699, 2631; 1997, 60,
3468; 1999, 2411 ; 2003, 1722 , 2186 ; 2005, 312 )
1. During the interval between the closing of registration and the
election, the county clerk shall:
(a) In counties where records of registration are not kept by
computer, prepare for each precinct or district a binder containing in
alphabetical order the original applications to register to vote of the
electors in the precinct or district. The binder constitutes the election
board register.
(b) In counties where records of registration are kept by computer,
have printed and placed in a binder for each precinct or district a
computer listing in alphabetical order of the applications to register to
vote of the electors in the precinct or district. The binder constitutes
the election board register.
2. Each election board register must be delivered or caused to be
delivered by the county or city clerk to an election officer of the
proper precinct or district before the opening of the polls.
(Added to NRS by 1960, 277; A 1985, 563; 1987, 356; 1995, 2280;
2003, 1656 )
1. Except as otherwise provided in subsection 2, sample ballots
must include:
(a) If applicable, the statement required by NRS 293.267 ;
(b) The fiscal note, as provided pursuant to NRS 218.443 , 293.250 ,
293.481 or 293.482 , for each proposed constitutional amendment,
statewide measure, measure to be voted upon only by a special district or
political subdivision and advisory question;
(c) An explanation, as provided pursuant to NRS 218.443 , 293.250 ,
293.481 , 293.482 or 295.121 ,
of each proposed constitutional amendment, statewide measure, measure to
be voted upon only by a special district or political subdivision and
advisory question;
(d) Arguments for and against each proposed constitutional
amendment, statewide measure, measure to be voted upon only by a special
district or political subdivision and advisory question, and rebuttals to
each argument, as provided pursuant to NRS 218.443 , 293.250 ,
293.252 , 293.481 , 293.482 or
295.121 ; and
(e) The full text of each proposed constitutional amendment.
2. Sample ballots that are mailed to registered voters may be
printed without the full text of each proposed constitutional amendment
if:
(a) The cost of printing the sample ballots would be significantly
reduced if the full text of each proposed constitutional amendment were
not included;
(b) The county clerk ensures that a sample ballot that includes the
full text of each proposed constitutional amendment is provided at no
charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the
full text of each proposed constitutional amendment.
3. Before the period for early voting, but not later than 10 days
before any election, the county clerk shall cause to be mailed to each
registered voter in the county 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 county clerk shall mail a notice of the change to each
registered voter in the county 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
4. Except as otherwise provided in subsection 5, a sample ballot
required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) 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)
5. 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.
6. 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.
7. If a person requests a sample ballot in large type, the county
clerk shall ensure that all future sample ballots mailed to that person
from the county are in large type.
8. The county clerk shall include in each sample ballot a
statement indicating that the county 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 county
clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting
locations of specially equipped voting devices for use by voters who are
elderly or disabled, the county 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.
9. The cost of mailing sample ballots for any election other than
a primary or general election must be borne by the political subdivision
holding the election.
(Added to NRS by 1960, 278; A 1961, 298; 1967, 852; 1971, 449;
1973, 897; 1979, 268; 1987, 356; 1989, 205; 1995, 2631; 1997, 78, 765,
769, 3065, 3469; 1999, 679 ; 2001, 1435 , 2001 , 2957 ; 2003, 200 , 208 , 210 , 1656 , 1692 , 1708 , 1723 , 3196 )
After the close of registration for each primary
election but not later than the second Friday next preceding the primary
election and after the close of registration for each general election
but not later than the second Friday next preceding the general election,
the county clerk shall ascertain by precinct and district the number of
registered voters in the county and their political affiliation, if any,
and shall transmit that information to the Secretary of State.
(Added to NRS by 1960, 278; A 1981, 349)
STATEWIDE VOTER REGISTRATION LIST
1. The Secretary of State shall establish and maintain an official
statewide voter registration list, which may be maintained on the
Internet, in consultation with each county and city clerk.
2. The statewide voter registration list must:
(a) Be a uniform, centralized and interactive computerized list;
(b) Serve as the single method for storing and managing the
official list of registered voters in this State;
(c) Serve as the official list of registered voters for the conduct
of all elections in this State;
(d) Contain the name and registration information of every legally
registered voter in this State;
(e) Include a unique identifier assigned by the Secretary of State
to each legally registered voter in this State;
(f) Be coordinated with the appropriate databases of other agencies
in this State;
(g) Be electronically accessible to each state and local election
official in this State at all times;
(h) Allow for data to be shared with other states under certain
circumstances; and
(i) Be regularly maintained to ensure the integrity of the
registration process and the election process.
3. Each county and city clerk shall:
(a) Electronically enter into the statewide voter registration list
all information related to voter registration obtained by the county or
city clerk at the time the information is provided to the county or city
clerk; and
(b) Provide the Secretary of State with information concerning the
voter registration of the county or city and other reasonable information
requested by the Secretary of State in the form required by the Secretary
of State to establish or maintain the statewide voter registration list.
4. In establishing and maintaining the statewide voter
registration list, the Secretary of State shall enter into a cooperative
agreement with the Department of Motor Vehicles to match information in
the database of the statewide voter registration list with information in
the appropriate database of the Department of Motor Vehicles to verify
the accuracy of the information in an application to register to vote.
5. The Department of Motor Vehicles shall enter into an agreement
with the Social Security Administration pursuant to 42 U.S.C. § 15483, to
verify the accuracy of information in an application to register to vote.
(Added to NRS by 2003, 2168 )
UNLAWFUL ACTS AND PENALTIES
A person who bribes, offers to
bribe, or uses any other corrupt means, directly or indirectly, to
influence any elector in giving his vote or to deter him from giving it
is guilty of a category D felony and shall be punished as provided in NRS
193.130 .
(Added to NRS by 1975, 535; A 1979, 1464; 1995, 1269)
1. It is unlawful for any person, in connection with any election
or petition, whether acting himself or through another person in his
behalf, to:
(a) Use or threaten to use any force, coercion, violence, restraint
or undue influence;
(b) Inflict or threaten to inflict any physical or mental injury,
damage, harm or loss upon the person or property of another;
(c) Expose or publish or threaten to expose or publish any fact
concerning another in order to induce or compel such other to vote or
refrain from voting for any candidate or any question;
(d) Impede or prevent, by abduction, duress or fraudulent
contrivance, the free exercise of the franchise by any voter, or thereby
to compel, induce or prevail upon any elector to give or refrain from
giving his vote; or
(e) Discharge or change the place of employment of any employee
with the intent to impede or prevent the free exercise of the franchise
by such employee.
2. Unless a greater penalty is provided by law, any violation of
this section is a gross misdemeanor.
(Added to NRS by 1960, 268; A 1993, 2669)
Any officer in whose office any nomination paper has
been filed, who shall wrongfully suppress, neglect or fail to cause the
proper filing thereof at the proper time and the proper place, is guilty
of a gross misdemeanor.
(Added to NRS by 1960, 270; A 1967, 552; 1973, 871)—(Substituted in
revision for NRS 293.587)
1. A person shall not:
(a) Remain in or outside of any polling place so as to interfere
with the conduct of the election.
(b) Except an election board officer, receive from any voter a
ballot prepared by the voter.
(c) Remove a ballot from any polling place before the closing of
the polls.
(d) Apply for or receive a ballot at any election precinct or
district other than the one at which he is entitled to vote.
(e) Show his ballot to any person, after voting, so as to reveal
any of the names voted for.
(f) Inside a polling place, ask another person for whom he intends
to vote.
(g) Except an election board officer, deliver a ballot to a voter.
(h) Except an election board officer in the course of his official
duties, inside a polling place, ask another person his name, address or
political affiliation.
2. A voter shall not:
(a) Receive a ballot from any person other than an election board
officer.
(b) Deliver to an election board or to any member thereof any
ballot other than the one received.
(c) Place any mark upon his ballot by which it may afterward be
identified as the one voted by him.
3. Any person who violates any provision of this section is guilty
of a gross misdemeanor.
(Added to NRS by 1960, 270; A 1973, 871; 1985, 335; 1987, 1168;
1989, 2170; 1995, 2785)
1. Except as otherwise provided in subsection 2, it is unlawful
inside a polling place or within 100 feet from the entrance to the
building or other structure in which a polling place is located:
(a) For any person to solicit a vote or speak to a voter on the
subject of marking his ballot.
(b) For any person, including an election board officer, to do any
electioneering on election day.
Ê The county clerk or registrar of voters shall ensure that, at the outer
limits of the area within which electioneering is prohibited, notices are
continuously posted on which are printed in large letters “Distance
Marker: No electioneering between this point and the entrance to the
polling place.”
2. The provisions of subsection 1 do not apply to the conduct of a
person in a private residence or on commercial or residential property
that is within 100 feet from the entrance to a building or other
structure in which a polling place is located. The provisions of
subsection 1 are not intended to prohibit a person from voting solely
because he is wearing a prohibited political insigne and is reasonably
unable to remove the insigne or cover it. In such a case, the election
board officer shall take such action as is necessary to allow the voter
to vote as expediently as possible and then assist the voter in exiting
the polling place as soon as is possible.
3. Any person who violates any provision of this section is guilty
of a gross misdemeanor.
4. As used in this section, “electioneering” means campaigning for
or against a candidate, ballot question or political party by:
(a) Posting signs relating to the support of or opposition to a
candidate, ballot question or political party;
(b) Distributing literature relating to the support of or
opposition to a candidate, ballot question or political party;
(c) Using loudspeakers to broadcast information relating to the
support of or opposition to a candidate, ballot question or political
party;
(d) Buying, selling, wearing or displaying any badge, button or
other insigne which is designed or tends to aid or promote the success or
defeat of any political party or a candidate or ballot question to be
voted upon at that election;
(e) Polling or otherwise soliciting from a voter information as to
whether the voter intends to vote or has voted for or against a
particular political party, candidate or ballot question; or
(f) Soliciting signatures to any kind of petition.
(Added to NRS by 1963, 1382; A 1967, 863; 1973, 872; 1977, 464;
1987, 1169; 1989, 2171; 1997, 80)
Any person who, during an election, removes or destroys any
of the supplies or equipment placed in the booths or compartments, or
removes or defaces the cards of instruction posted as prescribed by this
chapter, is guilty of a gross misdemeanor.
(Added to NRS by 1960, 270; A 1973, 872)—(Substituted in revision
for NRS 293.593)
1. A person who tampers or interferes with, or attempts to tamper
or interfere with a mechanical voting system, mechanical voting device or
any computer program used to count ballots with the intent to prevent the
proper operation of that device, system or program is guilty of a
category D felony and shall be punished as provided in NRS 193.130 .
2. The county or city clerk shall report any alleged violation of
this section to the district attorney who shall cause appropriate
proceedings to be instituted and prosecuted in a court of competent
jurisdiction without delay.
(Added to NRS by 1991, 2217; A 1995, 1269; 1997, 3470)
Any person who, prior to the expiration of 48 hours
following the closing of the polls, alters, defaces, removes or destroys
the copy of the results of votes cast posted outside a polling place is
guilty of a gross misdemeanor. Notice of such penalty shall be printed on
the copy posted.
(Added to NRS by 1965, 1254; A 1973, 872)—(Substituted in revision
for NRS 293.594)
Every person who, after being sworn by an election board,
refuses to answer any relevant question propounded by such board
concerning the right of any other person to vote is guilty of a gross
misdemeanor.
(Added to NRS by 1960, 270; A 1973, 872)—(Substituted in revision
for NRS 293.595)
1. A person who is entitled to vote shall not vote or attempt to
vote more than once at the same election. Any person who votes or
attempts to vote twice at the same election is guilty of a category D
felony and shall be punished as provided in NRS 193.130 .
2. Notice of the provisions of subsection 1 must be given by the
county or city clerk as follows:
(a) Printed on all sample ballots mailed;
(b) Posted in boldface type at each polling place; and
(c) Posted in boldface type at the office of the county or city
clerk.
(Added to NRS by 1973, 403; A 1987, 356; 1997, 234)
If any person whose vote has been rejected offers to vote at the same
election, at any polling place other than the one in which he is
registered to vote, he is guilty of a gross misdemeanor.
(Added to NRS by 1960, 270; A 1973, 872; 1991, 1686)
1. A person who, for himself or another person, willfully gives a
false answer or answers to questions propounded to him by the registrar
or field registrar of voters relating to the information called for by
the application to register to vote, or who willfully falsifies his
application in any particular, or who violates any of the provisions of
the election laws of this State, or knowingly encourages another person
to violate those laws is guilty of a category E felony and shall be
punished as provided in NRS 193.130 .
2. A public officer or other person, upon whom any duty is imposed
by this title, who willfully neglects his duty, or willfully performs it
in such a way as to hinder the objects and purposes of the election laws
of this State, except where another penalty is provided, is guilty of a
category E felony and shall be punished as provided in NRS 193.130 .
3. If the person is a public officer, his office is forfeited upon
conviction of any offense provided for in subsection 2.
4. A person who causes or endeavors to cause his name to be
registered, knowing that he is not an elector or will not be an elector
on or before the day of the next ensuing election in the precinct or
district in which he causes or endeavors to cause the registration to be
made, and any other person who induces, aids or abets the person in the
commission of either of the acts is guilty of a category E felony and
shall be punished as provided in NRS 193.130 .
5. A field registrar or other person who:
(a) Knowingly falsifies an application to register to vote or
knowingly causes an application to be falsified; or
(b) Knowingly provides money or other compensation to another for a
falsified application to register to vote,
Ê is guilty of a category E felony and shall be punished as provided in
NRS 193.130 .
(Added to NRS by 1960, 271; A 1961, 294; 1973, 872; 1993, 2198;
1995, 1269, 2281; 1997, 235, 608; 1999, 2117 )
1. It is unlawful for a person to provide compensation for
registering voters that is based upon:
(a) The total number of voters a person registers; or
(b) The total number of voters a person registers in a particular
political party.
2. A person who violates any provision of this section is guilty
of a category E felony and shall be punished as provided in NRS 193.130
.
(Added to NRS by 1993, 2167; A 1995, 1270; 1997, 235)
It
is unlawful for any person to be registered as a voter in more than one
county at one time.
(Added to NRS by 1987, 1590)
1. It is unlawful for any person to solicit a contribution for any
organization the title of which incorporates the name, or any form of the
name, of any political party in this State without first having obtained
written approval therefor, or a charter for that organization, from the
central or executive committee of that political party the name of which
is being used or incorporated in the title of that organization for the
county in which the money is being solicited.
2. This section does not require any person or organization to
obtain a charter or written approval if that person or organization is:
(a) Publicly organized for the sole and limited purpose of
supporting the candidacy of a particular candidate in a single election.
(b) Chartered by a national political party or organization.
(c) Chartered by a state central committee in Nevada.
3. Any person who violates any provision of this section is guilty
of a gross misdemeanor.
4. As used in this section, “contribution” has the meaning
ascribed to it in NRS 294A.007 .
(Added to NRS by 1967, 844; A 1973, 873; 1987, 356, 1373; 1989,
228; 1999, 3554 )
Any person who makes, offers or
accepts any bet or wager upon the result of any election, or upon the
success or failure of any person or candidate, or upon the number of
votes to be cast, either in the aggregate or for any particular
candidate, or upon the vote to be cast by any person, is guilty of a
gross misdemeanor.
(Added to NRS by 1960, 271; A 1973, 873)—(Substituted in revision
for NRS 293.603)
1. In addition to any criminal penalty, a person who violates the
provisions of this chapter is subject to a civil penalty in an amount not
to exceed $20,000 for each violation. This penalty must be recovered in a
civil action brought in the name of the State of Nevada by the Attorney
General or by any district attorney in a court of competent jurisdiction.
2. Any civil penalty collected pursuant to this section must be
deposited by the collecting agency for credit to the State General Fund
in the bank designated by the State Treasurer.
(Added to NRS by 1993, 2172; A 2001, 2924 )
“Service of
the United States” means the Armed Forces of the United States and the
auxiliaries thereof, the United States Coast Guard, the merchant marine
service of the United States, civilian employment by the Federal
Government beyond the boundaries of the State of Nevada, and religious
groups and welfare agencies officially attached to and serving with the
Armed Forces of the United States.
(Added to NRS by 1960, 237)
“Spoiled ballot” means a
ballot defaced by a voter and exchanged for a new one.
(Added to NRS by 1960, 237)
“State officer” means:
1. The Governor;
2. The Lieutenant Governor;
3. The Secretary of State;
4. The State Treasurer;
5. The State Controller;
6. The Attorney General;
7. A justice of the Supreme Court;
8. A State Senator;
9. A State Assemblyman;
10. A regent of the University of Nevada;
11. A member of the State Board of Education; or
12. A district judge.
(Added to NRS by 1993, 2167)
“Statewide voter registration list” means the list of registered voters
established and maintained pursuant to NRS 293.675 .
(Added to NRS by 2003, 2168 )
“Tally list”
or “tally book” means the forms furnished election board officers to be
used in tallying or recording the number of votes cast for each candidate
and question on the ballot as such votes are called in counting.
(Added to NRS by 1960, 237)
“Township office” is an
office filled by a township officer.
(Added to NRS by 1960, 238)
“Township officer” means
a public official elected in a township to serve the township.
(Added to NRS by 1960, 238)
“Voting district” means an
area formed by the consolidation of two or more contiguous precincts.
(Added to NRS by 1961, 296)
1. The Secretary of State shall serve as the Chief Officer of
Elections for this State. As Chief Officer, the Secretary of State is
responsible for the execution and enforcement of the provisions of title
24 of NRS and all other provisions of state and federal law relating to
elections in this State.
2. The Secretary of State shall adopt such regulations as are
necessary to carry out the provisions of this section.
(Added to NRS by 1993, 2664; A 1995, 2257)
The
provisions of this chapter, not inconsistent with the provisions of
chapter 293C of NRS or a city charter,
apply to city elections.
(Added to NRS by 1997, 3447)
1. This title must be liberally construed to the end that:
(a) All electors, including, without limitation, electors who are
elderly or disabled, have an opportunity to participate in elections and
to cast their votes privately;
(b) An eligible voter with a physical or mental disability is not
denied the right to vote solely because of the physical or mental
disability; and
(c) The real will of the electors is not defeated by any
informality or by failure substantially to comply with the provisions of
this title with respect to the giving of any notice or the conducting of
an election or certifying the results thereof.
2. For purposes of counting a vote, the real will of an elector
must be determined pursuant to NRS 293.3677 or 293C.369 or regulations adopted pursuant to NRS
293.3677 or 293C.369 .
(Added to NRS by 1960, 238; A 1963, 1372; 2001, 1434 , 2025 ; 2003, 149 , 152 )
In any county where registrations are performed
and records are kept by computer, a facsimile of a voter’s signature that
is created by a computer may be used if a verification or comparison of
the signature is required by any provision of this title.
(Added to NRS by 1993, 2168)
1. Except as otherwise provided in this section, in computing any
period of time specified for the execution of an act or event in this
title, Saturdays, Sundays, legal holidays and holidays proclaimed by the
Governor must be counted.
2. If the last day limited for filing any paper mentioned in this
title falls on a Saturday, Sunday, legal holiday or any holiday
proclaimed by the Governor, the period so limited must expire on the
following business day at 5 p.m.
3. Saturdays, Sundays and holidays must not be counted if the
provision specifying the period states that:
(a) Any such days are excluded; or
(b) The period is measured by working days.
(Added to NRS by 1960, 244; A 1995, 2774; 2003, 1701 )
GENERAL ELECTIONS
A general election must be held throughout
the State on the first Tuesday after the first Monday of November in each
even-numbered year.
(Added to NRS by 1987, 334)
CIRCULATION AND SUFFICIENCY OF CERTAIN PETITIONS
1. The Secretary of State shall prepare an informational pamphlet
describing the requirements for filing and circulating petitions. The
pamphlet must also contain a sample of a petition to demonstrate an
acceptable format for a petition.
2. The pamphlets must be made available to the public and must be
distributed to any person who requests a pamphlet upon payment of the
applicable fee, if any. The Secretary of State may impose a fee for the
pamphlet in an amount not to exceed the cost to produce the pamphlet.
(Added to NRS by 1993, 2664)
1. At each building that is open to the general public and
occupied by the government of this State or a political subdivision of
this State or an agency thereof, other than a building of a public
elementary or secondary school, an area must be designated for the use of
any person to gather signatures on a petition at any time that the
building is open to the public. The area must be reasonable and may be
inside or outside of the building. Each public officer or employee in
control of the operation of a building governed by this subsection shall:
(a) Designate the area at the building for the gathering of
signatures; and
(b) On an annual basis, submit to the Secretary of State and the
county clerk for the county in which the building is located a notice of
the area at the building designated for the gathering of signatures on a
petition. The Secretary of State and the county clerks shall make
available to the public a list of the areas at public buildings
designated for the gathering of signatures on a petition.
2. Before a person may use an area designated pursuant to
subsection 1, the person must notify the public officer or employee in
control of the operation of the building governed by subsection 1 of the
dates and times that the person intends to use the area to gather
signatures on a petition. The public officer or employee may not deny the
person the use of the area.
3. Not later than 3 working days after the date of the decision
that aggrieved the person, a person aggrieved by a decision made by a
public officer or employee pursuant to subsection 1 or 2 may appeal the
decision to the Secretary of State. The Secretary of State shall review
the decision to determine whether the public officer or employee violated
subsection 1 or 2. If the Secretary of State determines a public officer
or employee violated subsection 1 or 2 and that a person was denied the
use of a public building for the purpose of gathering signatures on a
petition, the Secretary of State shall order that the deadline for filing
the petition provided pursuant to NRS 293.128 , 293.165 ,
293.172 , 293.200 , 295.056 ,
298.109 , 306.035 or 306.110
must be extended for a period equal to the time that the person was
denied the use of a public building for the purpose of gathering
signatures on a petition, but in no event may the deadline be extended
for a period of more than 5 days.
4. The decision of the Secretary of State is a final decision for
the purposes of judicial review. Not later than 7 days after the date of
the decision by the Secretary of State, the decision of the Secretary of
State may only be appealed in the First Judicial District Court. If the
First Judicial District Court determines that the public officer or
employee violated subsection 1 or 2 and that a person was denied the use
of a public building for the purpose of gathering signatures on a
petition, the Court shall order that the deadline for filing the petition
provided pursuant to NRS 293.128 ,
293.165 , 293.172 , 293.200 ,
295.056 , 298.109 , 306.035 or
306.110 must be extended for a period
equal to the time that the person was denied the use of a public building
for the purpose of gathering signatures on a petition, but in no event
may the deadline be extended for a period of more than 5 days.
5. The Secretary of State may adopt regulations to carry out the
provisions of subsection 3.
(Added to NRS by 2001, 1347 ; A 2005, 1432 , 2828 )
A person may sign a
petition required under the election laws of this State on or after the
date he is deemed to be registered to vote pursuant to subsection 5 of
NRS 293.517 or subsection 7 of NRS
293.5235 .
(Added to NRS by 1999, 3546 ; A 2005, 2829 )
1. The county clerk shall issue a receipt to any person who
submits a petition for the verification of signatures or a petition,
declaration of or acceptance of candidacy. The receipt must state:
(a) The number of documents submitted;
(b) The number of pages of each document; and
(c) The number of signatures which the person declares are on the
petition.
2. If a petition consists of more than one document, all of the
documents must be submitted to the county clerk for verification at the
same time.
3. The county clerk shall not accept a petition unless each page
of the petition is numbered.
4. Each signature on the petition must be signed in ink. The
county clerk shall disregard any signature which is not signed in ink.
5. As used in this section, “document” includes material which is
separately compiled and bound together and may consist of one or more
sheets of paper.
(Added to NRS by 1993, 2664)
1. Within 4 days, excluding Saturdays, Sundays and holidays, after
the submission of a petition containing signatures which are required to
be verified pursuant to NRS 293.128 ,
293.165 , 293.172 , 293.200 ,
295.056 , 298.109 , 306.035 or
306.110 , the county clerk shall
determine the total number of signatures affixed to the documents and
forward that information to the Secretary of State.
2. If the Secretary of State finds that the total number of
signatures filed with all the county clerks is less than 100 percent of
the required number of registered voters, he shall so notify the person
who submitted the petition and the county clerks and no further action
may be taken in regard to the petition. If the petition is a petition to
recall a county, district or municipal officer, the Secretary of State
shall also notify the officer with whom the petition is to be filed.
3. After the petition is submitted to the county clerk, it must
not be handled by any other person except by an employee of the county
clerk’s office until it is filed with the Secretary of State.
(Added to NRS by 1985, 1090; A 1987, 1361; 1993, 2665; 1997, 750;
1999, 2147 )
1. If the Secretary of State finds that the total number of
signatures submitted to all the county clerks is 100 percent or more of
the number of registered voters needed to declare the petition
sufficient, he shall immediately so notify the county clerks. Within 9
days, excluding Saturdays, Sundays and holidays, after notification, each
of the county clerks shall determine the number of registered voters who
have signed the documents submitted in his county.
2. If more than 500 names have been signed on the documents
submitted to him, a county clerk shall examine the signatures by sampling
them at random for verification. The random sample of signatures to be
verified must be drawn in such a manner that every signature which has
been submitted to the county clerk is given an equal opportunity to be
included in the sample. The sample must include an examination of at
least 500 or 5 percent of the signatures, whichever is greater.
3. In determining from the records of registration the number of
registered voters who signed the documents, the county clerk may use the
signatures contained in the file of applications to register to vote. If
the county clerk uses that file, he shall ensure that every application
in the file is examined, including any application in his possession
which may not yet be entered into his records. The county clerk shall
rely only on the appearance of the signature and the address and date
included with each signature in making his determination.
4. Except as otherwise provided in subsection 6, upon completing
the examination, the county clerk shall immediately attach to the
documents a certificate properly dated, showing the result of his
examination and transmit the documents with the certificate to the
Secretary of State. A copy of this certificate must be filed in the
clerk’s office. When the county clerk transmits the certificate to the
Secretary of State, the county clerk shall notify the Secretary of State
of the number of requests to remove a name received by the county clerk
pursuant to NRS 295.055 or 306.015
.
5. A person who submits a petition to the county clerk which is
required to be verified pursuant to NRS 293.128 , 293.165 ,
293.172 , 293.200 , 295.056 ,
298.109 , 306.035 or 306.110
must be allowed to witness the verification of the signatures. A public
officer who is the subject of a recall petition must also be allowed to
witness the verification of the signatures on the petition.
6. For any petition containing signatures which are required to be
verified pursuant to the provisions of NRS 293.165 , 293.200 ,
306.035 or 306.110 for any county, district or municipal office
within one county, the county clerk shall not transmit to the Secretary
of State the documents containing the signatures of the registered voters.
7. The Secretary of State may by regulation establish further
procedures for carrying out the provisions of this section.
(Added to NRS by 1985, 1090; A 1987, 1361; 1993, 2665; 1995, 2257;
1997, 750; 1999, 2147 ; 2001, 641 )
1. If the certificates received by the Secretary of State from all
the county clerks establish that the number of valid signatures is less
than 90 percent of the required number of registered voters, the petition
shall be deemed to have failed to qualify, and the Secretary of State
shall immediately so notify the petitioners and the county clerks.
2. If those certificates establish that the number of valid
signatures is equal to or more than the sum of 100 percent of the number
of registered voters needed to make the petition sufficient plus the
total number of requests to remove a name received by the county clerks
pursuant to NRS 295.055 or 306.015
, the petition shall be deemed to
qualify as of the date of receipt by the Secretary of State of those
certificates, and the Secretary of State shall immediately so notify the
petitioners and the county clerks.
3. If the certificates establish that the petitioners have 100
percent or more of the number of registered voters needed to make the
petition sufficient but the petition fails to qualify pursuant to
subsection 2, each county clerk who received a request to remove a name
pursuant to NRS 295.055 or 306.015
shall remove each name as requested,
amend the certificate and transmit the amended certificate to the
Secretary of State. If the amended certificates establish that the
petitioners have 100 percent or more of the number of registered voters
needed to make the petition sufficient, the petition shall be deemed to
qualify as of the date of receipt by the Secretary of State of the
amended certificates, and the Secretary of State shall immediately so
notify the petitioners and the county clerks.
(Added to NRS by 1985, 1091; A 1993, 2666; 2001, 642 )
1. If the statistical sampling shows that the number of valid
signatures filed is 90 percent or more, but less than the sum of 100
percent of the number of signatures of registered voters needed to
declare the petition sufficient plus the total number of requests to
remove a name received by the county clerks pursuant to NRS 295.055
or 306.015 , the Secretary of State shall order the county
clerks to examine the signatures for verification. The county clerks
shall examine the signatures for verification until they determine that
100 percent of the number of signatures of registered voters needed to
declare the petition sufficient are valid. If the county clerks received
a request to remove a name pursuant to NRS 295.055 or 306.015 ,
the county clerks may not determine that 100 percent of the number of
signatures of registered voters needed to declare the petition sufficient
are valid until they have removed each name as requested pursuant to NRS
295.055 or 306.015 .
2. If the statistical sampling shows that the number of valid
signatures filed in any county is 90 percent or more but less than the
sum of 100 percent of the number of signatures of registered voters
needed to constitute 10 percent of the number of voters who voted at the
last preceding general election in that county plus the total number of
requests to remove a name received by the county clerk in that county
pursuant to NRS 295.055 or 306.015
, the Secretary of State may order the
county clerk in that county to examine every signature for verification.
If the county clerk received a request to remove a name pursuant to NRS
295.055 or 306.015 , the county clerk may not determine that 100
percent or more of the number of signatures of registered voters needed
to constitute 10 percent of the number of voters who voted at the last
preceding general election in that county are valid until he has removed
each name as requested pursuant to NRS 295.055 or 306.015 .
3. Within 12 days, excluding Saturdays, Sundays and holidays,
after receipt of such an order, the county clerk shall determine from the
records of registration what number of registered voters have signed the
petition. If necessary, the board of county commissioners shall allow the
county clerk additional assistants for examining the signatures and
provide for their compensation. In determining from the records of
registration what number of registered voters have signed the petition,
the county clerk must use the statewide voter registration list. The
county clerk may rely on the appearance of the signature and the address
and date included with each signature in determining the number of
registered voters that signed the petition.
4. Except as otherwise provided in subsection 5, upon completing
the examination, the county clerk shall immediately attach to the
documents of the petition an amended certificate, properly dated, showing
the result of the examination and shall immediately forward the documents
with the amended certificate to the Secretary of State. A copy of the
amended certificate must be filed in the county clerk’s office.
5. For any petition containing signatures which are required to be
verified pursuant to the provisions of NRS 293.165 , 293.200 ,
306.035 or 306.110 for any county, district or municipal office
within one county, the county clerk shall not forward to the Secretary of
State the documents containing the signatures of the registered voters.
6. Except for a petition to recall a county, district or municipal
officer, the petition shall be deemed filed with the Secretary of State
as of the date on which he receives certificates from the county clerks
showing the petition to be signed by the requisite number of voters of
the State.
7. If the amended certificates received from all county clerks by
the Secretary of State establish that the petition is still insufficient,
he shall immediately so notify the petitioners and the county clerks. If
the petition is a petition to recall a county, district or municipal
officer, the Secretary of State shall also notify the officer with whom
the petition is to be filed.
(Added to NRS by 1985, 1091; A 1985, 551; 1987, 1362; 1993, 2666;
1997, 751; 1999, 2148 ; 2001, 642 ; 2003, 2174 )
1. If the Secretary of State determines that the total number of
signatures that the county clerks have certified pursuant to NRS 293.1277
or 293.1279 is less than 100 percent of the number of
registered voters needed to make the petition sufficient, the person who
submitted the petition may contest the verification of the signatures by
filing an appeal with the Secretary of State. The appeal must:
(a) Be filed within 5 working days after receipt of notification of
the determination of the Secretary of State;
(b) Include each reason for the appeal; and
(c) Include a statement of the number of signatures, if any, that
the county clerk determined were invalid.
2. The Secretary of State shall:
(a) If the petition was circulated pursuant to chapter 306 of NRS, immediately notify the public officer who is
the subject of the petition of the appeal by the person who submitted the
petition; and
(b) Consider the allegations and conduct an investigation, if
necessary.
(Added to NRS by 1993, 2664; A 1997, 752; 1999, 3546 )
1. If an appeal is based upon the results of the verification of
signatures on a petition performed pursuant to NRS 293.1277 or 293.1279 , the Secretary of State shall:
(a) If he finds for the appellant, order the county clerk to
recertify the petition, including as verified signatures all contested
signatures which the Secretary of State determines are valid. If the
county clerk has not yet removed each name as requested pursuant to NRS
295.055 or 306.015 , the county clerk shall do so before
recertifying the petition.
(b) If he does not find for the appellant, notify the appellant and
the county clerk that the petition remains insufficient.
2. If the Secretary of State is unable to make a decision on the
appeal based upon the documents submitted to him, the Secretary of State
may order the county clerk to reverify the signatures.
3. The decision of the Secretary of State is a final decision for
the purposes of judicial review. The decision of the Secretary of State
may only be appealed in the First Judicial District Court.
(Added to NRS by 1993, 2664; A 2001, 643 )
MAJOR POLITICAL PARTIES
1. To qualify as a major political party, any organization must,
under a common name:
(a) On January 1 preceding any primary election, have been
designated as a political party on the applications to register to vote
of at least 10 percent of the total number of registered voters in this
State; or
(b) File a petition with the Secretary of State not later than the
last Friday in April before any primary election signed by a number of
registered voters equal to or more than 10 percent of the total number of
votes cast at the last preceding general election for the offices of
Representative in Congress.
2. If a petition is filed pursuant to paragraph (b) of subsection
1, the names of the voters need not all be on one document, but each
document of the petition must be verified by the circulator thereof to
the effect that the signers are registered voters of this State according
to his best information and belief and that the signatures are genuine
and were signed in his presence. Each document of the petition must bear
the name of a county, and only registered voters of that county may sign
the document. The documents which are circulated for signature must then
be submitted for verification pursuant to NRS 293.1276 to 293.1279 , inclusive, not later than 25 working days
before the last Friday in April preceding a primary election.
3. In addition to the requirements set forth in subsection 1, each
organization which wishes to qualify as a political party must file with
the Secretary of State a certificate of existence which includes the:
(a) Name of the political party;
(b) Names and addresses of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person who is authorized by the party to act as
resident agent in this State.
4. A political party shall file with the Secretary of State an
amended certificate of existence within 5 days after any change in the
information contained in the certificate.
(Added to NRS by 1971, 433; A 1975, 936; 1979, 262; 1985, 1092;
1987, 1363; 1989, 221, 1727, 2158; 1995, 2258, 2623; 1997, 652; 1999,
3546 ; 2003, 1701 )
1. On the dates set by the respective state central committees in
each year in which a general election is to be held, a county convention
of each major political party must be held at the county seat of each
county or at such other place in the county as the county central
committee designates.
2. The county central committee of each major political party
shall cause notice of the holding of the county convention of its party
to be published in one or more newspapers, if any, published in the
county. The notice must be in substantially the following form:
NOTICE OF.....(NAME OF PARTY).....CONVENTION
Notice is hereby given that the county Convention of the
................ Party for ................ County will be held at
................ in ................, on the ……..day of the month of
…………… of the year ……; that at the convention delegates to the ........
State Convention will be elected, a county central committee to serve for
the ensuing 2 years will be chosen, and other party affairs may be
considered; that delegates to such county convention will be chosen at
........(name of party)........ precinct meetings to be held in each
voting precinct in the county on or before the ..... day of the month of
…………… of the year ……..; and that a voting precinct is entitled to a
number of delegates in proportion to the number of registered voters of
the ................ Party residing in the precinct as set forth in NRS
293.133 .
County Central Committee
of.................................................... County, Nevada
By.........................................................................
......................... (Its Chairman)
And........................................................................
....................... (Its Secretary)
(Added to NRS by 1960, 238; A 1971, 434; 1987, 1364; 1989, 222;
1993, 2173; 2001, 50 )
1. The number of delegates from each voting precinct in each
county to the county convention of any major political party for that
county must be in proportion to the number of registered voters of that
party residing in the precinct as follows:
(a) In the counties in which the total number of registered voters
of that party has not exceeded 400, each precinct is entitled to one
delegate for each 5 registered voters.
(b) In counties in which the total number of registered voters of
that party has exceeded 400 but has not exceeded 600, each precinct is
entitled to one delegate for each 8 registered voters.
(c) In counties in which the total number of registered voters of
that party has exceeded 600 but has not exceeded 800, each precinct is
entitled to one delegate for each 10 registered voters.
(d) In counties in which the total number of registered voters of
that party has exceeded 800 but has not exceeded 1,400, each precinct is
entitled to one delegate for each 15 registered voters.
(e) In counties in which the total number of registered voters of
that party has exceeded 1,400 but has not exceeded 2,000, each precinct
is entitled to one delegate for each 20 registered voters or major
fraction thereof.
(f) In counties in which the total number of registered voters of
that party has exceeded 2,000 but has not exceeded 3,000, each precinct
is entitled to one delegate for each 30 registered voters or major
fraction thereof.
(g) In counties in which the total number of registered voters of
that party has exceeded 3,000 but has not exceeded 4,000, each precinct
is entitled to one delegate for each 35 registered voters or major
fraction thereof.
(h) In counties in which the total number of registered voters of
that party has exceeded 4,000, each precinct is entitled to one delegate
for each 50 registered voters or major fraction thereof.
2. The county clerk shall determine the number of registered
voters of each party in each precinct as of January 1 of each year in
which a convention is held, and shall notify the Secretary of State and
the county central committee of each major political party of those
numbers within 30 days after the determinative date.
3. In all counties, every precinct is entitled to at least one
delegate to each county convention.
(Added to NRS by 1960, 239; A 1967, 1206; 1969, 456; 1971, 435;
1973, 593; 1975, 375; 1981, 1738; 1989, 222; 2003, 1702 )
1. The county central committee of each major political party in
each county shall have a precinct meeting of the registered voters of the
party residing in each voting precinct entitled to delegates in the
county convention called and held on or before the fifth day preceding
the dates set by the respective state central committees in each year in
which a general election is held.
2. The meeting must be held in one of the following places in the
following order of preference:
(a) Any public building within the precinct if the meeting is for a
single precinct, or any public building which is in reasonable proximity
to the precincts and will accommodate a meeting of two or more precincts;
or
(b) Any private building within the precinct or one of the
precincts.
3. The county central committee shall give notice of the meeting
by:
(a) Posting in a conspicuous place outside the building where the
meeting is to be held at least 5 days before the date of the meeting; and
(b) Publishing at least 5 days before the date of meeting in one or
more newspapers of general circulation in the precinct, published in the
county, if any are so published.
4. The notice must be printed in conspicuous display advertising
format of not less than 10 column inches, and must include the following
language, or words of similar import:
Notice to All Voters Registered
in the (State Name of Major Political Party)
Nevada state law requires each major political party, in every year
during which a general election is held, to have a precinct meeting held
for each precinct. All persons registered in the party and residing in
the precinct are entitled to attend the precinct meeting. Delegates to
your party’s county convention will be elected at the meeting by those in
attendance. Set forth below are the time and place at which your precinct
meeting will be held, together with the number of delegates to be elected
from each precinct. If you wish to participate in the organization of
your party for the coming 2 years, attend your precinct meeting.
5. The notice must specify:
(a) The date, time and place of the meeting; and
(b) The number of delegates to the county convention to be chosen
at the meeting.
(Added to NRS by 1960, 239; A 1967, 1128; 1971, 436; 1973, 594;
1979, 1350; 1981, 1697; 1987, 1364; 1989, 223)
1. Promptly at the time and place appointed therefor, the mass
meeting must be convened and organized for each precinct. If access to
the premises appointed for any such meeting is not available, the meeting
may be convened at an accessible place immediately adjacent thereto. The
meeting must be conducted openly and publicly and in such a manner that
it is freely accessible to any registered voter of the party calling the
meeting who resides in the precinct and is desirous of attending the
meeting, until the meeting is adjourned. At the meeting the delegates to
which the members of the party residing in the precinct are entitled in
the party’s county convention must be elected by ballot. The result of
the election must be certified to the county convention of the party by
the chairman and the secretary of the meeting upon the forms specified in
subsection 3.
2. At the precinct meetings, the delegates and alternates to the
party’s convention must be elected. If a meeting is not held for a
particular precinct at the location specified, that precinct must be
without representation at the county convention unless the meeting was
scheduled, with proper notice, and no registered voter of the party
appeared. In that case, the meeting shall be deemed to have been held and
the position of delegate is vacant. If a position of delegate is vacant,
it must be filled by the designated alternate, if any. If there is no
designated alternate, the county central committee shall appoint a
delegate from among the qualified members of the party residing in the
precinct in which the vacancy occurred, and the secretary of the county
central committee shall certify the appointed delegate to the county
convention.
3. The county central committee shall prepare and number serially
a number of certificate forms equal to the total number of delegates to
be elected throughout the county, and deliver the appropriate number to
each precinct meeting. Each certificate must be in duplicate. The
original must be given to the elected delegate, and the duplicate
transmitted to the county central committee.
4. All duplicates must be delivered to the chairman of the
preliminary credentials committee of the county convention. Every
delegate who presents a certificate matching one of the duplicates must
be seated without dispute.
5. Each major political party shall adopt written rules not less
than 95 days before the date set by the state central committee or fixed
by law for the county convention or by January 1 of the calendar year of
the national convention or conference, whichever is earlier, governing,
but not limited to, the following procedures:
(a) The selection, rights and duties of committees of a convention;
(b) Challenges to credentials of delegates; and
(c) Majority and minority reports of committees.
(Added to NRS by 1960, 240; A 1967, 842; 1979, 1351; 1981, 27;
1989, 224)
1. At a time and date set by the respective state central
committees in each year in which a general election is to be held, the
delegates so elected to each party county convention shall convene at the
county seat, or at such other place in the county as the county central
committee shall designate, and there organize, elect the delegates to
which the registered voters of the party residing in the county are
entitled in the state convention of the party, and elect the members of
the county central committee of their party for the ensuing term. They
may also adopt a county platform and take such other action, consistent
with the provisions of this chapter, pertaining to the affairs of their
party in that county, as they may deem proper.
2. The manner of organizing each convention must be as follows:
(a) The county central committee shall, before the date of the
convention, designate a preliminary credentials committee to examine the
credentials of all persons claiming to be delegates. All such persons
whose credentials are not in dispute must be seated as delegates.
(b) The persons so seated shall elect a temporary chairman, who
shall appoint a temporary secretary and a credentials committee to
examine and report on all cases of disputed credentials.
(c) When all such disputes have been determined, the convention
shall complete its organization and adopt its agenda.
3. The chairman and the secretary of each county convention shall
certify to the state convention the result of the election by the county
convention of delegates to the state convention.
(Added to NRS by 1960, 240; A 1967, 843; 1971, 436; 1973, 595;
1987, 1365)
1. The county central committee of a major political party to be
elected by the county convention of the party must consist of such number
of members as may be determined by the convention, but each voting
precinct, entitled to one or more delegates in the convention, is
entitled to have at least one committeeman and no precinct may have more
committeemen than its authorized number of delegates to the county
convention.
2. After the county convention of the party, the composition of
the county central committee may be changed by the county central
committee to reflect changes in the organization of precincts and in the
number of registered voters of the party, using the same standards
adopted by the party to elect delegates to the county convention.
(Added to NRS by 1960, 240; A 1981, 1698; 1985, 568; 1989, 225)
The number
of delegates to the state convention of each party which shall be chosen
at each county convention of such party shall be one delegate for each
150 registered voters of that party, or major fraction of such number,
residing in such county; but each county shall be entitled to at least
one delegate.
(Added to NRS by 1960, 240; A 1967, 1208)
1. The delegates elected to the state convention of each major
political party by the several county conventions of that party shall
convene on such respective dates as the state central committees of the
parties designate in each year in which the general election is to be
held, at the State Capital, or at such other place in the State as the
state central committee of that party designates. The delegates shall
there organize, adopt a state party platform, and elect a state central
committee for that party for the ensuing term and the chairman thereof.
2. The state central committee of each major political party may
convene additional state conventions of its party at such times and
places as it designates during the period between the state conventions,
as provided in subsection 1, and the next ensuing precinct meetings, as
provided in NRS 293.135 . The
composition of the delegates at those conventions must be the same as
that certified pursuant to subsection 3 of NRS 293.140 .
(Added to NRS by 1960, 241; A 1973, 595; 1987, 335, 1366; 1989, 225)
The
state central committee of each major political party shall consist of as
many registered voters affiliated with the party as may be determined by
the state convention of the party, but there must be at least one member
from each county in the State.
(Added to NRS by 1960, 241; A 1971, 437; 1989, 226)
1. Except as otherwise prescribed in this chapter, the state and
county party conventions may each adopt its own rules, and each is the
judge of the election of its own delegates.
2. No person may act as a delegate at any convention unless he is
a duly qualified elector of the county or precinct which he seeks to
represent.
3. Adoption or application of the so-called unit rule of voting,
whereby the votes of all delegates from any precinct or precincts, or
county or counties, are required to be cast in the manner determined by
the majority of delegates from that precinct or precincts, county or
counties, and against the protest of a minority of the delegates, in the
proceedings of any state or county party convention is prohibited.
(Added to NRS by 1960, 241; A 1981, 1698)
1. The state and county central committeemen shall serve for 2
years and until their successors have been elected.
2. The membership of a member of a county or state central
committee may be terminated only for cause by a vote of a majority of the
membership present at a regular meeting of the committee.
3. If such membership is terminated or if any position on the
county or state central committee remains unfilled at the county or state
convention, the position, if filled, must be filled by a vote of a
majority of the membership present at a regular or special meeting of the
committee.
4. If a vacancy occurs among the officers of a county or state
central committee, the vacancy must be filled by the membership present
by ballot at a regular or special meeting of the committee.
(Added to NRS by 1960, 241; A 1987, 1515)
1. Each state central committee and each county central committee
may elect from its membership an executive committee and shall, except as
otherwise provided in this chapter, choose its officers by ballot.
2. Any elections to choose the officers of a county central
committee must be held, beginning in 1983, in odd-numbered years and
during regular meetings of the committee. The terms of officers so
elected are 2 years, and the officers are eligible for reelection to
their positions. The officers shall assume their offices and serve as
provided in the bylaws and regulations of the central committee.
3. Each committee and its officers have general charge of the
affairs of the party in the State or county, as the case may be, and have
the powers usually exercised by such committees and their officers,
subject to the provisions of this chapter.
(Added to NRS by 1960, 241; A 1981, 1698)
A person’s
right to participate or vote as a delegate to a county or state
convention or as a member of a county or state central committee may not
be conditioned upon the payment of money, except that a reasonable fee
may be charged to attend a county or state convention.
(Added to NRS by 1987, 1515)
1. In presidential election years, on the call of a national party
convention, but one set of party conventions and but one state convention
shall be held on such respective dates and at such places as the state
central committee of the party shall designate. If no earlier dates are
fixed, the state convention shall be held 30 days prior to the date set
for the national convention and the county conventions shall be held 60
days prior to the date set for the national convention.
2. Delegates to such conventions shall be selected in the same
manner as prescribed in NRS 293.130 to
293.160 , inclusive, except as to time,
and each convention shall have and exercise all of the power granted it
under NRS 293.130 to 293.160 , inclusive. In addition to such powers granted
it, the state convention shall select the necessary delegates and
alternates to the national convention of the party, and, if consistent
with the rules and regulations of the party, shall select the national
committeeman and committeewoman of the party from the State of Nevada.
(Added to NRS by 1960, 242; A 1995, 2623)
1. Except as otherwise provided in NRS 293.166 , a vacancy occurring in a major or minor
political party nomination for a partisan office may be filled by a
candidate designated by the party central committee of the county or
State, as the case may be, of the major political party or by the
executive committee of the minor political party subject to the
provisions of subsections 4 and 5.
2. A vacancy occurring in a nonpartisan nomination after the close
of filing and on or before 5 p.m. of the second Tuesday in June must be
filled by filing a nominating petition that is signed by registered
voters of the State, county, district or municipality who may vote for
the office in question. The number of registered voters who sign the
petition must not be less than 1 percent of the number of persons who
voted for the office in question in the State, county, district or
municipality at the last preceding general election. The petition must be
filed not earlier than the first Tuesday in May and not later than the
fourth Tuesday in June. The petition may consist of more than one
document. Each document must bear the name of one county and must be
signed only by a person who is a registered voter of that county and who
may vote for the office in question. Each document of the petition must
be submitted for verification pursuant to NRS 293.1276 to 293.1279 , inclusive, to the county clerk of the county
named on the document. A candidate nominated pursuant to the provisions
of this subsection:
(a) Must file a declaration of candidacy or acceptance of candidacy
and pay the statutory filing fee on or before the date the petition is
filed; and
(b) May be elected only at a general election, and his name must
not appear on the ballot for a primary election.
3. A vacancy occurring in a nonpartisan nomination after 5 p.m. of
the second Tuesday in June and on or before 5 p.m. on the first Tuesday
after the primary election must be filled by the person who receives the
next highest vote for the nomination in the primary.
4. No change may be made on the ballot for the general election
after 5 p.m. on the first Tuesday after the primary election of the year
in which the general election is held. If a nominee dies after that time
and date, his name must remain on the ballot for the general election
and, if elected, a vacancy exists.
5. All designations provided for in this section must be filed on
or before 5 p.m. on the first Tuesday after the primary election. In each
case, the statutory filing fee must be paid and an acceptance of the
designation must be filed on or before 5 p.m. on the date the designation
is filed.
(Added to NRS by 1960, 242; A 1965, 668; 1967, 845; 1971, 437;
1981, 1698; 1989, 2159; 1993, 2174; 1995, 2774; 1999, 2149 , 3547 ; 2001, 274 , 2947 ; 2003, 1703 ; 2005, 1432 )
1. A vacancy occurring in a party nomination for the office of
State Senator or Assemblyman from a legislative district comprising more
than one county may be filled as follows, subject to the provisions of
subsections 2 and 3. The county commissioners of each county, all or part
of which is included within the legislative district, shall meet to
appoint a person who is of the same political party as the former nominee
and who actually, as opposed to constructively, resides in the district
to fill the vacancy, under the chairmanship of the chairman of the board
of county commissioners of the county whose population residing within
the district is the greatest. Each board of county commissioners shall
first meet separately and determine the single candidate it will nominate
to fill the vacancy. Then, the boards shall meet jointly and the chairmen
on behalf of the boards shall cast a proportionate number of votes
according to the percent, rounded to the nearest whole percent, which the
population of its county is of the population of the entire district.
Populations must be determined by the last decennial census or special
census conducted by the Bureau of the Census of the United States
Department of Commerce. The person who receives a plurality of these
votes is appointed to fill the vacancy. If no person receives a plurality
of the votes, the boards of county commissioners of the respective
counties shall each as a group select one candidate, and the nominee must
be chosen by drawing lots among the persons so selected.
2. No change may be made on the ballot after the first Tuesday
after the primary election of the year in which the general election is
held. If a nominee dies after that date, his name must remain on the
ballot and, if elected, a vacancy exists.
3. The designation of a nominee pursuant to this section must be
filed with the Secretary of State before 5 p.m. on the first Tuesday
after the primary election, and the statutory filing fee must be paid
with the designation.
(Added to NRS by 1967, 1087; A 1971, 437; 1981, 1699; 1989, 2159;
1999, 2150 ; 2005, 1433 )
Party candidates for United
States Senator and Representative in Congress shall be nominated in the
same manner as state officers are nominated.
(Added to NRS by 1960, 242)
MINOR POLITICAL PARTIES
1. To qualify as a minor political party, an organization must
file with the Secretary of State a certificate of existence which
includes the:
(a) Name of the political party;
(b) Names of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person authorized to file the list of its
candidates for partisan office with the Secretary of State.
2. A copy of the constitution or bylaws of the party must be
affixed to the certificate.
3. A minor political party shall file with the Secretary of State
an amended certificate of existence within 5 days after any change in the
information contained in the certificate.
4. The constitution or bylaws of a minor political party must
provide a procedure for the nomination of its candidates in such a manner
that only one candidate may be nominated for each office.
5. A minor political party whose candidates for partisan office do
not appear on the ballot for the general election must file a notice of
continued existence with the Secretary of State not later than the second
Friday in August preceding the general election.
6. A minor political party which fails to file a notice of
continued existence as required by subsection 5 ceases to exist as a
minor political party in this State.
(Added to NRS by 1987, 1359; A 1989, 2160; 1999, 3548 )
1. The names of the candidates for partisan office of a minor
political party must not appear on the ballot for a primary election.
2. The names of the candidates for partisan office of a minor
political party must be placed on the ballot for the general election if
the party has filed a certificate of existence and a list of its
candidates for partisan office pursuant to the provisions of NRS 293.1725
with the Secretary of State and:
(a) At the last preceding general election, the minor political
party polled for any of its candidates for partisan office a number of
votes equal to or more than 1 percent of the total number of votes cast
for the offices of Representative in Congress;
(b) On January 1 preceding a primary election, the minor political
party has been designated as the political party on the applications to
register to vote of at least 1 percent of the total number of registered
voters in this State; or
(c) Not later than the second Friday in August preceding the
general election, files a petition with the Secretary of State which is
signed by a number of registered voters equal to at least 1 percent of
the total number of votes cast at the last preceding general election for
the offices of Representative in Congress.
3. The name of a candidate for partisan office for a minor
political party other than a candidate for the office of President or
Vice President of the United States must be placed on the ballot for the
general election if the party has filed:
(a) A certificate of existence;
(b) A list of candidates for partisan office containing the name of
the candidate pursuant to the provisions of NRS 293.1725 with the Secretary of State; and
(c) Not earlier than the first Monday in May preceding the general
election and not later than 5 p.m. on the second Friday after the first
Monday in May, a petition on behalf of the candidate with the Secretary
of State containing not less than:
(1) Two hundred fifty signatures of registered voters if the
candidate is to be nominated for a statewide office; or
(2) One hundred signatures of registered voters if the
candidate is to be nominated for any office except a statewide office.
Ê A minor political party that places names of one or more candidates for
partisan office on the ballot pursuant to this subsection may also place
the names of one or more candidates for partisan office on the ballot
pursuant to subsection 2.
4. The name of only one candidate of each minor political party
for each partisan office may appear on the ballot for a general election.
5. A minor political party must file a copy of the petition
required by paragraph (c) of subsection 2 or paragraph (c) of subsection
3 with the Secretary of State before the petition may be circulated for
signatures.
(Added to NRS by 1987, 1360; A 1989, 2160; 1993, 2174; 1995, 2259;
1999, 1389 , 3548 ; 2003. 1641)
1. A petition filed pursuant to subsection 2 or 3 of NRS 293.1715
may consist of more than one document.
Each document of the petition must:
(a) Bear the name of the minor political party and, if applicable,
the candidate and office to which the candidate is to be nominated.
(b) Include the affidavit of the person who circulated the document
verifying that the signers are registered voters in this State according
to his best information and belief and that the signatures are genuine
and were signed in his presence.
(c) Bear the name of a county and be submitted to the county clerk
of that county for verification in the manner prescribed in NRS 293.1276
to 293.1279 , inclusive, not later than 25 working days
before the last day to file the petition. A challenge to the form of a
document must be made in a district court in the county that is named on
the document.
(d) Be signed only by registered voters of the county that is named
on the document.
2. If the office to which the candidate is to be nominated is a
county office, only the registered voters of that county may sign the
petition. If the office to which the candidate is to be nominated is a
district office, only the registered voters of that district may sign the
petition.
3. Each person who signs a petition shall also provide the address
of the place where he resides, the date that he signs and the name of the
county in which he is registered to vote.
4. The county clerk shall not disqualify the signature of a voter
who failed to provide all the information required by subsection 3 if the
voter is registered in the county named on the document.
(Added to NRS by 1987, 1360; A 1993, 2667; 1999, 1390 , 3549 )
1. Except as otherwise provided in subsection 4, a minor political
party that wishes to place its candidates for partisan office on the
ballot for a general election and:
(a) Is entitled to do so pursuant to paragraph (a) or (b) of
subsection 2 of NRS 293.1715 ;
(b) Files a petition pursuant to paragraph (c) of subsection 2 of
NRS 293.1715 ; or
(c) Whose candidates are entitled to appear on the ballot pursuant
to subsection 3 of NRS 293.1715 ,
Ê must file with the Secretary of State a list of its candidates for
partisan office not earlier than the first Monday in May preceding the
election nor later than 5 p.m. on the second Friday after the first
Monday in May. The list must be signed by the person so authorized in the
certificate of existence of the minor political party before a notary
public or other person authorized to take acknowledgments. The Secretary
of State shall strike from the list each candidate who is not entitled to
appear on the ballot pursuant to subsection 3 of NRS 293.1715 if the minor political party is not entitled
to place candidates on the ballot pursuant to subsection 2 of NRS
293.1715 . The list may be amended not
later than 5 p.m. on the second Friday after the first Monday in May.
2. The Secretary of State shall immediately forward a certified
copy of the list of candidates for partisan office of each minor
political party to the filing officer with whom each candidate must file
his declaration of candidacy.
3. Each candidate on the list must file his declaration of
candidacy with the appropriate filing officer and pay the fee required by
NRS 293.193 not earlier than the date
on which the list of candidates for partisan office of his minor
political party is filed with the Secretary of State nor later than 5
p.m. on the second Friday after the first Monday in May.
4. A minor political party that wishes to place candidates for the
offices of President and Vice President of the United States on the
ballot and has qualified to place the names of its candidates for
partisan office on the ballot for the general election pursuant to
subsection 2 of NRS 293.1715 must file
with the Secretary of State a certificate of nomination for these offices
not later than the first Tuesday in September.
(Added to NRS by 1987, 1360; A 1989, 2161; 1993, 2175; 1997, 316;
1999, 1391 , 3550 ; 2003, 1642 )
1. If the qualification of a minor political party is challenged,
all affidavits and documents in support of the challenge must be filed
not later than 5 p.m. on the third Friday in August. Any judicial
proceeding resulting from the challenge must be set for hearing not more
than 5 days after the third Friday in August. A challenge pursuant to
this subsection must be filed with the First Judicial District Court if
the petition was filed with the Secretary of State.
2. If the qualification of a candidate of a minor political party
other than a candidate for the office of President or Vice President of
the United States is challenged, all affidavits and documents in support
of the challenge must be filed not later than 5 p.m. on the fourth Monday
in May. Any judicial proceeding resulting from the challenge must be set
for hearing not more than 5 days after the fourth Monday in May. A
challenge pursuant to this subsection must be filed with:
(a) The First Judicial District Court; or
(b) If a candidate who filed a declaration of candidacy with a
county clerk is challenged, the district court for the county where the
declaration of candidacy was filed.
(Added to NRS by 1987, 1361; A 1999, 1392 )
NOMINATIONS
1. The primary election must be held on the 12th Tuesday before
the general election in each even-numbered year.
2. Candidates for partisan office of a major political party and
candidates for nonpartisan office must be nominated at the primary
election.
3. Candidates for partisan office of a minor political party must
be nominated in the manner prescribed pursuant to NRS 293.171 to 293.174 ,
inclusive.
4. Independent candidates for partisan office must be nominated in
the manner provided in NRS 293.200 .
5. The provisions of NRS 293.175
to 293.203 , inclusive, do not apply to:
(a) Special elections to fill vacancies.
(b) The nomination of the officers of incorporated cities.
(c) The nomination of district officers whose nomination is
otherwise provided for by statute.
(Added to NRS by 1960, 243; A 1963, 1387; 1983, 1116; 1985, 268;
1987, 1366; 1989, 226; 1999, 1392 , 3550 ; 2001, 672 ; 2005, 1434 )
1. In addition to any other requirement provided by law, no person
may be a candidate for any office unless, for at least the 30 days
immediately preceding the date of the close of filing of declarations of
candidacy or acceptances of candidacy for the office which he seeks, he
has, in accordance with NRS 281.050 ,
actually, as opposed to constructively, resided in the State, district,
county, township 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 an acceptance of
candidacy or declaration of candidacy which contains a false statement in
this respect is guilty of a gross misdemeanor.
3. The provisions of this section do not apply to candidates for
the office of district attorney.
(Added to NRS by 1975, 617; A 1983, 1103; 1989, 2161; 1997, 3447;
1999, 2151 ; 2001, 673 )
1. Except as otherwise provided in subsection 2, no person may be
a candidate of a major political party for partisan office in any
election if he has changed:
(a) The designation of his political party affiliation; or
(b) His designation of political party from nonpartisan to a
designation of a political party affiliation,
Ê on an application to register to vote in the State of Nevada or in any
other state during the time beginning on December 31 preceding the
closing filing date for that election and ending on the date of that
election whether or not his previous registration was still effective at
the time of the change in party designation.
2. The provisions of subsection 1 do not apply to any person who
is a candidate of a political party that was not qualified pursuant to
NRS 293.171 on the December 31 next
preceding the closing filing date for the election.
(Added to NRS by 1963, 1373; A 1971, 1551; 1979, 491; 1987, 690;
1989, 2161; 1995, 75, 2259, 2775; 1997, 1607; 1999, 3551 ; 2001, 2947 ; 2005, 1434 )
1. Except as otherwise provided in NRS 293.165 , a name may not be printed on a ballot to be
used at a primary election unless the person named has filed a
declaration of candidacy or an acceptance of candidacy, and has paid the
fee required by NRS 293.193 not earlier
than the first Monday in May of the year in which the election is to be
held nor later than 5 p.m. on the second Friday after the first Monday in
May.
2. A declaration of candidacy or an acceptance of candidacy
required to be filed by this section must be in substantially the
following form:
(a) For partisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
County of ................................
For the purpose of having my name placed on the official ballot as a
candidate for the ................ Party nomination 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 State, district, county,
township, city 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 registered
as a member of the ................ Party; 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 I have not, in violation of the provisions of NRS 293.176 , changed the designation of my political party
or political party affiliation on an official application to register to
vote in any state since September 1 before the closing filing date for
this election; that I generally believe in and intend to support the
concepts found in the principles and policies of that political party in
the coming election; that if nominated as a candidate of the
................ Party at the ensuing election, I will accept that
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 that I understand that 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
(b) For nonpartisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
County 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 State, district, county, township, city
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 nonpartisan 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 which must be included in the
declaration of candidacy 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 filing officer for the
office as his agent for service of process for the purposes of a
proceeding pursuant to NRS 293.182 .
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 filing
officer duplicate copies of the process. The filing officer 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 filing officer a different address for that
purpose, in which case the filing officer shall mail the copy to the last
address so designated.
6. If the filing officer 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 filing officer:
(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 Attorney General, if the filing officer is the
Secretary of State, or to the district attorney, if the filing officer is
a person other than the Secretary of State.
7. The receipt of information by the Attorney General or district
attorney pursuant to subsection 6 must be treated as a challenge of a
candidate pursuant to subsections 4 and 5 of NRS 293.182 . 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 filing officer 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 1960, 243; A 1961, 285; 1963, 1372; 1967, 859;
1971, 438, 1551; 1975, 617; 1977, 240; 1979, 262, 635; 1983, 1116; 1985,
1218; 1989, 178, 1728, 2162; 1993, 2175; 1995, 75, 2260; 1997, 228, 752,
771, 3447; 1999, 2151 ; 2001, 149 , 673 ; 2003, 683 , 1643 , 1715 ; 2005, 2284 )
1. Ten or more registered voters may, not earlier than the first
Monday in April nor later than 5 p.m. on the first Friday in May, file a
certificate of candidacy designating any registered voter as a candidate
for his major political party’s nomination for any partisan elective
office, or as a candidate for nomination for any nonpartisan office. When
the certificate has been filed, the officer in whose office it is filed
shall notify the person named in the certificate. If the person named in
the certificate files an acceptance of candidacy and pays the required
fee, as provided by law, he is a candidate in the primary election in
like manner as if he had filed a declaration of candidacy.
2. If a certificate of candidacy relates to a partisan office, all
of the signers must be of the same major political party as the candidate
designated.
(Added to NRS by 1960, 244; A 1963, 1387; 1971, 439; 1983, 1117;
1987, 1366; 1989, 226, 1729)
1. A candidate for the Office of State Senator or Assemblyman must
execute and file with his declaration of candidacy or acceptance of
candidacy a declaration of residency which must be in substantially the
following form:
I, the undersigned, do swear or affirm under penalty of perjury that I
have been a citizen resident of this State as required by NRS 218.010
and have actually, as opposed to
constructively, resided at the following residence or residences since
November 1 of the preceding year:
...............................................................
Street Address Street
Address
...............................................................
City or Town City or
Town
...............................................................
State
State
From................... To....................
From........................ To....................
Dates of Residency Dates of
Residency
...............................................................
Street Address Street
Address
...............................................................
City or Town City or
Town
...............................................................
State
State
From................... To....................
From........................ To....................
Dates of Residency Dates of
Residency
(Attach additional sheet or sheets of residences as necessary)
2. Each address of a candidate which must be included in the
declaration of residency pursuant to subsection 1 must be the street
address of the residence where he actually, as opposed to constructively,
resided or resides in accordance with NRS 281.050 , if one has been assigned. The declaration of
residency must not be accepted for filing if any of the candidate’s
addresses are listed as a post office box unless a street address has not
been assigned to the residence.
(Added to NRS by 1981, 1037; A 1989, 179; 1993, 2177; 1997, 754;
1999, 2153 )
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 days after the last day the person may withdraw his candidacy
pursuant to NRS 293.202 , an elector may
file with the filing officer for the office 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:
(a) The Secretary of State shall immediately transmit the challenge
to the Attorney General.
(b) A filing officer other than the Secretary of State shall
immediately transmit the challenge to the district attorney.
4. If the Attorney General or district attorney determines that
probable cause exists to support the challenge, the Attorney General or
district attorney shall, not later than 5 working 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, 671 )
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, 672 )
The declaration of candidacy, the
certificate of candidacy and the acceptance of candidacy must be filed
during regular office hours, as follows:
1. For United States Senator, Representative in Congress,
statewide offices, State Senators and Assemblymen to be elected from
districts comprising more than one county, and all other offices whose
districts comprise more than one county, with the Secretary of State.
2. For Representative in Congress and district offices voted for
wholly within one county, State Senators and Assemblymen to be elected
from districts comprising but one or part of one county, county and
township officers, with the county clerk.
(Added to NRS by 1960, 244; A 1965 Special Session, 4; 1983, 1287;
1987, 1367)
1. The Secretary of State shall forward to each county clerk a
certified list containing the name and mailing address of each person for
whom candidacy papers have been filed in the office of the Secretary of
State, and who is entitled to be voted for in the county at the next
succeeding primary election, together with the title of the office for
which the person is a candidate and the party or principles he
represents. The Secretary of State shall forward the certified list not
later than 5 working days after the last day upon which any candidate on
the list may withdraw his candidacy pursuant to NRS 293.202 .
2. There must be a party designation only for candidates for
partisan offices.
(Added to NRS by 1960, 244; A 1983, 1118; 1989, 1729; 1993, 2178;
1999, 3551 )
Immediately following the primary
election at which candidates are nominated for any public office, the
Secretary of State shall certify to each county clerk the name of each
person nominated and the title of the office for which he is nominated
for all candidates required to file declarations, certificates and
acceptances of candidacies in the office of the Secretary of State.
(Added to NRS by 1960, 244; A 1961, 285)
1. Fees as listed in this section for filing declarations of
candidacy or acceptances of candidacy must be paid to the filing officer
by cash, cashier’s check or certified check.
United States
Senator....................................................................
........................ $500
Representative in
Congress...................................................................
................. 300
Governor...................................................................
................................................. 300
Justice of the Supreme
Court......................................................................
............ 300
Any state office, other than Governor or justice of the Supreme
Court.......... 200
District
judge......................................................................
....................................... 150
Justice of the
peace......................................................................
............................ 100
Any county
office.....................................................................
............................... 100
State
Senator....................................................................
......................................... 100
Assemblyman................................................................
............................................ 100
Any district office other than district
judge........................................................... 30
Constable or other town or township
office........................................................... 30
For the purposes of this subsection, trustee of a county school district,
hospital or hospital district is not a county office.
2. No filing fee may be required from a candidate for an office
the holder of which receives no compensation.
3. The county clerk shall pay to the county treasurer all filing
fees received by him from candidates. The county treasurer shall deposit
the money to the credit of the general fund of the county.
4. Except as otherwise provided in NRS 293.194 , a filing fee paid pursuant to this section is
not refundable.
(Added to NRS by 1960, 245; A 1967, 845; 1981, 20; 1985, 650; 1987,
691; 1989, 56; 1991, 122, 1603; 1997, 755; 2003, 1704 )
The
filing fee of an independent candidate who files a petition pursuant to
NRS 293.200 or 298.109 , of a candidate of a minor political party or
of a candidate of a new major political party, must be returned to the
candidate by the officer to whom the fee was paid within 10 days after
the date on which a final determination is made that the petition of the
candidate, minor political party or new major political party failed to
contain the required number of signatures.
(Added to NRS by 1987, 1361; A 1997, 756)
1. Judicial offices, school offices, the office of county sheriff,
the Board of Regents of the University of Nevada, city and town officers,
the State Board of Education and members of boards of hospital trustees
of public hospitals are hereby designated nonpartisan offices.
2. No words designating the party affiliation of a candidate for
nonpartisan offices may be printed upon the ballot.
(Added to NRS by 1960, 245; A 1961, 286; 1969, 1561; 1977, 241;
1989, 410; 1995, 2775)
For purposes of
elections only, the Secretary of State shall establish designations which
separately identify each office of justice of the Supreme Court. Before
any person is allowed to file a declaration of candidacy for the office
of justice of the Supreme Court, he shall designate the particular office
for which he is declaring his candidacy.
(Added to NRS by 1975, 936)
1. In any judicial district that has more than one district judge,
each department is a separate office for the purposes of nominating and
electing the district judge of that department.
2. In any judicial district that includes a county whose
population is 100,000 or more:
(a) The departments of the family division of the district court
must be denoted as such on all ballots and sample ballots, using the
words “district court judge, family division, department . . .” Each such
department must be separately designated.
(b) The remaining departments of the district court must be denoted
as such on all ballots and sample ballots, using the words “district
court judge, department . . .” Each such department must be designated
with a numeral, beginning with “1” and continuing in sequence for each
department.
(Added to NRS by 1960, 245; A 1991, 2185; 1999, 3551 )
In any township which has more than
one justice of the peace, each department is a separate office for the
purposes of nominating and electing the justice of the peace of that
department.
(Added to NRS by 1979, 262)
1. An independent candidate for partisan office must file with the
appropriate filing officer:
(a) A copy of the petition of candidacy that he intends to
subsequently circulate for signatures. The copy must be filed not earlier
than the January 2 preceding the date of the election and not later than
25 working days before the last day to file the petition pursuant to
subsection 4.
(b) Either of the following:
(1) A petition of candidacy signed by a number of registered
voters equal to at least 1 percent of the total number of ballots cast in:
(I) This State for that office at the last preceding
general election in which a person was elected to that office, if the
office is a statewide office;
(II) The county for that office at the last preceding
general election in which a person was elected to that office, if the
office is a county office; or
(III) The district for that office at the last
preceding general election in which a person was elected to that office,
if the office is a district office.
(2) A petition of candidacy signed by 250 registered voters
if the candidate is a candidate for statewide office, or signed by 100
registered voters if the candidate is a candidate for any office other
than a statewide office.
2. The petition may consist of more than one document. Each
document must bear the name of the county in which it was circulated, and
only registered voters of that county may sign the document. If the
office is not a statewide office, only the registered voters of the
county, district or municipality in question may sign the document. The
documents that are circulated for signature in a county must be submitted
to that county clerk for verification in the manner prescribed in NRS
293.1276 to 293.1279 , inclusive, not later than 25 working days
before the last day to file the petition pursuant to subsection 4. Each
person who signs the petition shall add to his signature the address of
the place at which he actually resides, the date that he signs the
petition and the name of the county where he is registered to vote. The
person who circulates each document of the petition shall sign an
affidavit attesting that the signatures on the document are genuine to
the best of his knowledge and belief and were signed in his presence by
persons registered to vote in that county.
3. The petition of candidacy may state the principle, if any,
which the person qualified represents.
4. Petitions of candidacy must be filed not earlier than the first
Monday in May preceding the general election and not later than 5 p.m. on
the second Friday after the first Monday in May.
5. No petition of candidacy may contain the name of more than one
candidate for each office to be filled.
6. A person may not file as an independent candidate if he is
proposing to run as the candidate of a political party.
7. The names of independent candidates must be placed on the
general election ballot and must not appear on the primary election
ballot.
8. If the candidacy of any person seeking to qualify pursuant to
this section is challenged, all affidavits and documents in support of
the challenge must be filed not later than 5 p.m. on the fourth Monday in
May. Any judicial proceeding resulting from the challenge must be set for
hearing not more than 5 days after the fourth Monday in May.
9. Any challenge pursuant to subsection 8 must be filed with:
(a) The First Judicial District Court if the petition of candidacy
was filed with the Secretary of State.
(b) The district court for the county where the petition of
candidacy was filed if the petition was filed with a county clerk.
10. An independent candidate for partisan office must file a
declaration of candidacy with the appropriate filing officer and pay the
fee required by NRS 293.193 not earlier
than the first Monday in May of the year in which the election is held
nor later than 5 p.m. on the second Friday after the first Monday in May.
(Added to NRS by 1960, 245; A 1961, 286; 1963, 1387; 1971, 440,
1122; 1975, 936; 1979, 403; 1983, 1118; 1987, 1367; 1989, 2164; 1993,
2668; 1997, 316; 1999, 1392 , 2154 , 3551 ; 2001, 149 , 154 ; 2003, 1645 , 1704 )
A withdrawal of candidacy
for office must be in writing and must be presented by the candidate in
person, within 7 days, excluding Saturdays, Sundays and holidays, after
the last day for filing, to the officer whose duty it is to receive
filings for candidacy for that office.
(Added to NRS by 1979, 262; A 1981, 349; 1991, 2217; 1995, 2775;
1997, 3450; 1999, 3553 )
Immediately upon receipt by the county clerk of the
certified list of candidates from the Secretary of State, the county
clerk shall publish a notice of primary election or general election in a
newspaper of general circulation in the county once a week for 2
successive weeks. If no such newspaper is published in the 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.
Ê The notice required for a general election pursuant to this section may
be published in conjunction with the notice required for a proposed
constitution, constitutional amendment or statewide measure pursuant to
NRS 293.253 . If the notices are
combined in this manner, they must be published three times in accordance
with subsection 3 of NRS 293.253 .
(Added to NRS by 1960, 246; A 1961, 286; 1967, 860; 1991, 2217;
1997, 756)
If a special election is held pursuant to the
provisions of this title, the Secretary of State shall prescribe the time
during which a candidate must file a declaration or acceptance of
candidacy.
(Added to NRS by 1993, 2168)
ELECTION PRECINCTS
1. Except as otherwise provided in NRS 293.208 , on or before the third Wednesday in May of
every even-numbered year, the county clerk shall establish election
precincts, define the boundaries thereof, abolish, alter, consolidate and
designate precincts as public convenience, necessity and economy may
require.
2. The boundaries of each election precinct must follow visible
ground features or extensions of visible ground features, except where
the boundary coincides with the official boundary of the State or a
county or city.
3. Election precincts must be composed only of contiguous
territory.
4. As used in this section, “visible ground feature” includes a
street, road, highway, river, stream, shoreline, drainage ditch, railroad
right-of-way or any other physical feature which is clearly visible from
the ground.
(Added to NRS by 1960, 246; A 1961, 287; 1971, 440; 1975, 937;
1977, 241; 1981, 1871; 1983, 1119; 1985, 1092; 1987, 153; 1989, 849, 1665)
1. On or before the last day in May of every even-numbered year,
the county clerk shall provide the Secretary of State and the Director of
the Legislative Counsel Bureau with a copy or electronic file of a map
showing the boundaries of all election precincts in the county.
2. If the Secretary of State determines that the boundaries of an
election precinct do not comply with the provisions of NRS 293.205 , he must provide the county clerk with a
written statement of noncompliance setting forth the reasons the precinct
is not in compliance. Within 15 days after receiving the notice of
noncompliance, the county clerk shall make any adjustments to the
boundaries of the precinct which are required to bring the precinct into
compliance with the provisions of NRS 293.205 and he shall submit a corrected copy or
electronic file of the precinct map to the Secretary of State and the
Director of the Legislative Counsel Bureau.
3. If the initial or corrected election precinct map is not filed
as required pursuant to this section or the county clerk fails to make
the necessary changes to the boundaries of an election precinct pursuant
to subsection 2, the Secretary of State may establish appropriate
precinct boundaries in compliance with the provisions of NRS 293.205
to 293.213 , inclusive. If the Secretary of State revises
the map pursuant to this subsection, he shall submit a copy or electronic
file of the revised map to the Director of the Legislative Counsel Bureau
and the appropriate county clerk.
4. As used in this section, “electronic file” includes, without
limitation, an electronic data file of a geographic information system.
(Added to NRS by 1989, 1664; A 2003, 1646 )
1. Election precincts must be established on the basis of the
number of registered voters therein, with a maximum of 600 registered
voters per precinct in those precincts in which paper ballots are used,
or a maximum of 1,500 registered voters who are not designated inactive
pursuant to NRS 293.530 per precinct in
those precincts in which a mechanical voting system is used.
2. Except as otherwise provided in subsections 3 and 4, the county
clerk may consolidate two or more contiguous election precincts into a
single voting district to conduct a particular election as public
convenience, necessity and economy may require.
3. If a county clerk proposes to consolidate two or more
contiguous election precincts, in whole or in part, pursuant to
subsection 2, the county clerk shall, at least 14 days before
consolidating the precincts, cause notice of the proposed consolidation
to be:
(a) Posted in the manner prescribed for a regular meeting of the
board of county commissioners; and
(b) Mailed to each Assemblyman, State Senator, county commissioner
and, if applicable, member of the governing body of a city who represents
residents of a precinct affected by the consolidation.
4. A person may file a written objection to the proposed
consolidation with the county clerk. The county clerk shall consider each
written objection filed pursuant to this subsection before consolidating
the precincts.
(Added to NRS by 1960, 246; A 1971, 440; 1975, 970; 1983, 914;
1985, 1092; 1991, 2218; 1997, 2776; 1999, 1394 )
1. Except as otherwise provided in subsections 2, 3 and 5 and in
NRS 293.206 , no election precinct may
be created, divided, abolished or consolidated, or the boundaries thereof
changed, during the period between the third Wednesday in May of any year
whose last digit is 6 and the time when the Legislature has been
redistricted in a year whose last digit is 1, unless the creation,
division, abolishment or consolidation of the precinct, or the change in
boundaries thereof, is:
(a) Ordered by a court of competent jurisdiction;
(b) Required to meet objections to a precinct by the Attorney
General of the United States pursuant to the Voting Rights Act of 1965,
42 U.S.C. §§ 1971 and 1973 et seq., and any amendments thereto;
(c) Required to comply with subsection 2 of NRS 293.205 ;
(d) Required by the incorporation of a new city; or
(e) Required by the creation of or change in the boundaries of a
special district.
Ê As used in this subsection, “special district” means any general
improvement district or any other quasi-municipal corporation organized
under the local improvement and service district laws of this State as
enumerated in title 25 of NRS which is required by law to hold elections
or any fire protection district which is required by law to hold
elections.
2. If a city annexes an unincorporated area located in the same
county as the city and adjacent to the corporate boundary, the annexed
area may be included in an election precinct immediately adjacent to it.
3. A new election precinct may be established at any time if it
lies entirely within the boundaries of any existing precinct.
4. If a change in the boundaries of an election precinct is made
pursuant to this section during the time specified in subsection 1, the
county clerk must:
(a) Within 15 days after the change to the boundary of a precinct
is established by the county clerk or ordered by a court, send to the
Director of the Legislative Counsel Bureau and the Secretary of State a
copy or electronic file of a map showing the new boundaries of the
precinct; and
(b) Maintain in his office an index providing the name of the
precinct and describing all changes which were made, including any change
in the name of the precinct and the name of any new precinct created
within the boundaries of an existing precinct.
5. Cities of population categories two and three are exempt from
the provisions of subsection 1.
6. As used in this section, “electronic file” includes, without
limitation, an electronic data file of a geographic information system.
(Added to NRS by 1989, 848; A 1989, 1667; 1997, 756; 2001, 633
; 2003, 1647 )
A political subdivision of this
State shall not create, divide, change the boundaries of, abolish or
consolidate an election district after the first day of filing by
candidates during any year in which a general election or city general
election is held for that election district. This section does not
prohibit a political subdivision from annexing territory in a year in
which a general election or city general election is held for that
election district.
(Added to NRS by 1993, 2168; A 1995, 2775; 1997, 757)
Except as otherwise provided in NRS 293.208 , a new precinct may be established upon
petition of 10 or more registered voters, permanently residing in the
area sought to be constituted a precinct, stating that they reside more
than 10 miles from any polling place in the county. If it appears to the
satisfaction of the county clerk that not less than 50 registered voters
reside in the area, the precinct may be established without regard to the
distance which the registered voters reside from another polling place or
precinct.
(Added to NRS by 1960, 246; A 1971, 441; 1985, 269; 1989, 849)
1. Whenever there were not more than 20 voters registered in a
precinct for the last preceding general election, the county clerk may
establish that precinct as a mailing precinct, and shall forthwith mail
notification to the field registrar for that precinct.
2. Except as otherwise provided in NRS 293.208 , the county clerk in any county where an
absent ballot central counting board is appointed may abolish two or more
existing mailing precincts and combine those mailing precincts into
absent ballot precincts. Those mailing precincts must be designated
absent ballot mailing precincts.
3. In any county where an absent ballot central counting board is
appointed, any established precinct which had less than 200 ballots cast
at the last preceding general election, or any newly established precinct
with less than 200 registered voters, may be designated an absent ballot
mailing precinct.
4. The county clerk shall, at least 14 days before establishing or
designating a precinct as a mailing precinct or absent ballot mailing
precinct or before abolishing a mailing precinct pursuant to this
section, cause notice of such action to be:
(a) Posted in the manner prescribed for a regular meeting of the
board of county commissioners; and
(b) Mailed to each Assemblyman, State Senator, county commissioner
and, if applicable, member of the governing body of a city who represents
residents of a precinct affected by the action.
(Added to NRS by 1960, 246; A 1961, 287; 1969, 718; 1971, 441;
1989, 849; 1993, 2178; 1999, 1394 )
ELECTION BOARDS
1. The county clerk of each county shall appoint and notify
registered voters to act as election board officers for the various
precincts and districts in the county as provided in NRS 293.220 to 293.245 ,
inclusive, and 293.384 , and shall
conclude those duties no later than 31 days before the election. The
registered voters appointed as election board officers for any precinct
or district must not all be of the same political party. 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 county clerk, the sheriff shall:
(a) Appoint a deputy sheriff for each polling place in the county
and for the central election board or the absent ballot central counting
board; or
(b) Deputize as a deputy sheriff for the election an election board
officer of each polling place in the county and for the central election
board or the absent ballot central counting board. The deputized officer
shall receive no additional compensation for his services rendered as a
deputy sheriff during the election for which he is deputized.
Ê Deputy sheriffs so appointed and deputized shall preserve order during
hours of voting and attend closing of the polls.
2. The county clerk may appoint a trainee for the position of
election board officer as set forth in NRS 293.2175 .
(Added to NRS by 1960, 247; A 1961, 287; 1963, 1381; 1975, 937;
1985, 1594; 1987, 712; 1993, 527)
1. The county 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 county in which he serves;
(b) Enrolled in high school; and
(c) At the time of service, at least 16 years of age.
2. The county clerk may only appoint a pupil as a trainee if:
(a) The pupil is appointed without party affiliation;
(b) The county 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 county 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 county
clerk may assign a trainee such duties as the county clerk deems
appropriate. The county 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 county clerk may compensate a trainee for his service at
the same rate fixed for election board officers generally.
(Added to NRS by 1993, 527; A 1997, 3450; 1999, 263 ; 2003, 1648 )
The county 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. Recommendation by the chairmen of suitable persons to serve in
the case of vacancies.
(Added to NRS by 1973, 320; A 1977, 241; 1987, 335; 1997, 3450)
1. Not less than 60 days before a primary or a general election,
the county central committee of each major political party for each
county may recommend to the county clerk of the county three registered
voters for each precinct in the county to act as election board officers
of the primary or general election in the precinct or district.
2. Not less than 60 days before a general election, the executive
committee of each minor political party for each county may recommend to
the county clerk of the county three registered voters for each precinct
in the county to act as election board officers of the general election
in the precinct or district.
3. After that date the county clerk may accept recommendations for
reserve election board officers for the election.
(Added to NRS by 1960, 242; A 1989, 226)—(Substituted in revision
for NRS 293.170)
Upon the selection of persons to act as election board officers
pursuant to NRS 293.217 or as trainees
pursuant to NRS 293.2175 , the county
clerk shall deliver, by mail or other means, notifications of the
appointments to those persons.
(Added to NRS by 1960, 247; A 1987, 335; 1993, 528; 1999, 263
)
If any person appointed to serve as
an election board officer pursuant to NRS 293.217 or as a trainee pursuant to NRS 293.2175
is unwilling to serve as appointed, he
shall notify the county clerk within 5 days after receipt of the
notification that he is unwilling to serve, whereupon the county clerk
shall appoint some other registered voter to serve at the election.
(Added to NRS by 1960, 247; A 1987, 335; 1993, 528; 1999, 263
)
1. Members of election boards continue as such from the day before
the day of the election, until the time for filing contests of the
election has expired.
2. Each member of an election board is subject to call by the
board of county commissioners or city council to correct any errors
discovered during the canvass of votes by the board of county
commissioners or city council.
3. Reserve election board officers must be appointed by the county
or city clerk, if practicable, to fill any vacancy which occurs on the
day of the election, and the reserve officers must be compensated if they
serve at the polls.
4. If a vacancy occurs in any election board on the day of the
election and no reserves are available, the election board may appoint,
at the polling place, any registered voter who is willing to serve and
satisfies the election board that he possesses the qualifications
required to perform the services required.
(Added to NRS by 1960, 247; A 1985, 1595; 1987, 335)
1. Each election board consists of at least three members, one of
whom must be designated chairman by the county or city clerk. The boards
shall make the records of election required by this chapter.
2. The appointment of a trainee as set forth in NRS 293.2175
and 293C.222 may be used to determine the number of
members on the election board, but under no circumstances may:
(a) The election board of any precinct include more than one
trainee; or
(b) A trainee serve as chairman of the election board.
3. The county or city clerk shall conduct or cause to be
conducted, at least 5 days before the date of the election for which the
boards are appointed, a school to acquaint the chairmen with the election
laws, duties of election boards, regulations of the Secretary of State
and with the procedure for making the records of election and using the
register for election boards. If the person appointed chairman is unable
for any reason to attend the school, he shall appoint some other member
of his election board to attend the school in his stead.
4. The board of county commissioners of any county or the city
council of any city may reimburse the chairmen or their designees who
attend the school for their travel expenses at a rate not exceeding 10
cents per mile.
5. Each chairman shall instruct his board before election day.
(Added to NRS by 1960, 248; A 1961, 288; 1967, 845; 1977, 241;
1987, 336; 1993, 528; 1999, 264 ; 2003, 1648 )
1. In precincts or districts 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
county clerk.
2. Except as otherwise provided in NRS 293.235 , one election board must be appointed by the
county clerk for all mailing precincts within the county and must be
designated the central election board. The county 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 1960, 248; A 1987, 336, 691; 1997, 3451)
In each precinct or district where
there are 200 or more registered voters and paper ballots are used, the
county 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
such delivery, 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
county clerk.
(Added to NRS by 1960, 248; A 1987, 336, 692; 1997, 3451)
1. When it appears to the satisfaction of the county clerk that an
absent ballot central counting board will expedite the work of tallying
the absent ballot vote of the county, he may appoint such a board. In
counties which use a computer to maintain records of registered voters,
the county clerk shall appoint the board.
2. In counties 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 1960, 248; A 1985, 558; 1987, 337; 1997, 3451)
1. An absent ballot central counting board consists of election
board officers appointed in such numbers as the county clerk determines
to be required by the volume of absent ballots requested.
2. The county 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 county clerk, the sheriff shall appoint a
deputy sheriff 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 county clerk.
(Added to NRS by 1960, 249; A 1961, 288; 1967, 860; 1977, 242;
1981, 1739; 1985, 1595; 1987, 337; 1997, 3451)
When the
county clerk determines it necessary to cause any precincts in the county
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 1960, 249; A 1987, 337; 1997, 3452)
REGULATION OF ELECTIONS
1. The Secretary of State shall adopt regulations, not
inconsistent with the election laws of this State, for the conduct of
primary, general, special and district elections in all cities and
counties. The Secretary of State shall prescribe the forms for a
declaration of candidacy, certificate of candidacy, acceptance of
candidacy and any petition which is filed pursuant to the general
election laws of this State.
2. The regulations must prescribe:
(a) The duties of election boards;
(b) The type and amount of election supplies;
(c) The manner of printing ballots and the number of ballots to be
distributed to precincts and districts;
(d) The method to be used in distributing ballots to precincts and
districts;
(e) The method of inspection and the disposition of ballot boxes;
(f) The form and placement of instructions to voters;
(g) The recess periods for election boards;
(h) The size, lighting and placement of voting booths;
(i) The amount and placement of guardrails and other furniture and
equipment at voting places;
(j) The disposition of election returns;
(k) The procedures to be used for canvasses, ties, recounts and
contests;
(l) The procedures to be used to ensure the security of the ballots
from the time they are transferred from the polling place until they are
stored pursuant to the provisions of NRS 293.391 or 293C.390 ;
(m) The procedures to be used to ensure the security and accuracy
of computer programs and tapes used for elections;
(n) The procedures to be used for the disposition of absent ballots
in case of an emergency;
(o) The forms for applications to register to vote and any other
forms necessary for the administration of this title; and
(p) Such other matters as determined necessary by the Secretary of
State.
3. The Secretary of State may provide interpretations and take
other actions necessary for the effective administration of the statutes
and regulations governing the conduct of primary, general, special and
district elections in this State.
4. The Secretary of State shall prepare and distribute to each
county and city clerk copies of:
(a) Laws and regulations concerning elections in this State;
(b) Interpretations issued by the Secretary of State’s Office; and
(c) Any Attorney General’s opinions or any state or federal court
decisions which affect state election laws or regulations whenever any of
those opinions or decisions become known to the Secretary of State.
(Added to NRS by 1960, 249; A 1971, 1485; 1975, 937; 1979, 263;
1987, 337, 692, 1368; 1991, 2218; 1993, 2178; 1995, 2262; 1997, 3452)
1. The Secretary of State shall, in a manner consistent with the
election laws of this State, prescribe:
(a) The form of all ballots, absent ballots, diagrams, sample
ballots, certificates, notices, declarations, applications to register to
vote, lists, applications, pollbooks, registers, rosters, statements and
abstracts required by the election laws of this State.
(b) The procedure to be followed when a computer is used to
register voters and to keep records of registration.
2. The Secretary of State shall prescribe with respect to the
matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and
measures upon which voting is statewide, which must be uniform throughout
the State.
(b) The listing of all other candidates required to file with him,
and the order of listing all offices, candidates and measures upon which
voting is not statewide, from which each county or city clerk shall
prepare appropriate ballot forms for use in any election in his county.
3. The Secretary of State shall place the condensation of each
proposed constitutional amendment or statewide measure near the spaces or
devices for indicating the voter’s choice.
4. The fiscal note for, explanation of, arguments for and against,
and rebuttals to such arguments of each proposed constitutional amendment
or statewide measure must be included on all sample ballots.
5. The condensations and explanations for constitutional
amendments and statewide measures proposed by initiative or referendum
must be prepared by the Secretary of State, upon consultation with the
Attorney General. The arguments and rebuttals for or against
constitutional amendments and statewide measures proposed by initiative
or referendum must be prepared in the manner set forth in NRS 293.252
. The fiscal notes for constitutional
amendments and statewide measures proposed by initiative or referendum
must be prepared by the Secretary of State, upon consultation with the
Fiscal Analysis Division of the Legislative Counsel Bureau. The
condensations, explanations, arguments, rebuttals and fiscal notes must
be in easily understood language and of reasonable length, and whenever
feasible must be completed by August 1 of the year in which the general
election is to be held.
6. The names of candidates for township and legislative or special
district offices must be printed only on the ballots furnished to voters
of that township or district.
7. A county clerk:
(a) May divide paper ballots into two sheets in a manner which
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 1960, 250; A 1961, 288; 1965, 652; 1967, 846;
1971, 441, 1486; 1977, 242, 1010; 1981, 752; 1985, 558; 1987, 110, 338;
1995, 2262; 1997, 2777, 2795, 3064, 3453; 1999, 635 ; 2003, 1690 )
CONSTITUTIONAL AND STATEWIDE MEASURES
1. For each constitutional amendment or statewide measure proposed
by initiative or referendum to be placed on the ballot by the Secretary
of State, the Secretary of State shall, pursuant to subsection 4, appoint
two committees. Except as otherwise provided in subsection 2, one
committee must be composed of three persons who favor approval by the
voters of the initiative or referendum and the other committee must be
composed of three persons who oppose approval by the voters of the
initiative or referendum.
2. If the Secretary of State is unable to appoint three persons
who are willing to serve on a committee, he may appoint fewer than three
persons to that committee, but he must appoint at least one person to
each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that
favors approval by the voters of an initiative or referendum and the
committee that opposes approval by the voters of that initiative or
referendum.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment
and expires upon the publication of the sample ballot containing the
initiative or referendum.
4. The Secretary of State shall consider appointing to a committee
pursuant to this section:
(a) Any person who has expressed an interest in serving on the
committee; and
(b) A person who is a member of an organization that has expressed
an interest in having a member of the organization serve on the committee.
5. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the
requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate
or oppose approval by the voters of the initiative or referendum, prepare
an argument either advocating or opposing approval by the voters of the
initiative or referendum;
(e) Shall prepare a rebuttal to the argument prepared by the other
committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to
paragraphs (d) and (e):
(1) The fiscal impact of the initiative or referendum;
(2) The environmental impact of the initiative or
referendum; and
(3) The impact of the initiative or referendum on the public
health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to
paragraphs (d), (e) and (f) to the Secretary of State not later than the
date prescribed by the Secretary of State pursuant to subsection 6.
6. The Secretary of State shall provide, by rule or regulation:
(a) The maximum permissible length of an argument and rebuttal
prepared pursuant to this section; and
(b) The date by which an argument and rebuttal prepared pursuant to
this section must be submitted by a committee to the Secretary of State.
7. Upon receipt of an argument or rebuttal prepared pursuant to
this section, the Secretary of State:
(a) May consult with persons who are generally recognized by a
national or statewide organization as having expertise in the field or
area to which the initiative or referendum pertains; and
(b) Shall reject each statement in the argument or rebuttal that he
believes is libelous or factually inaccurate.
Ê Not later than 5 days after the Secretary of State rejects a statement
pursuant to this subsection, the committee that prepared the statement
may appeal that rejection to the Attorney General. The Attorney General
shall review the statement and the reasons for its rejection and may
receive evidence, documentary or testimonial, to aid him in his decision.
Not later than 3 business days after the appeal by the committee, the
Attorney General shall issue his decision rejecting or accepting the
statement. The decision of the Attorney General is a final decision for
the purposes of judicial review.
8. The Secretary of State may revise the language submitted by a
committee pursuant to this section so that it is clear, concise and
suitable for incorporation in the sample ballot, but shall not alter the
meaning or effect of the language without the consent of the committee.
(Added to NRS by 2003, 1689 )
1. The Secretary of State shall provide each county clerk with
copies of any proposed constitution, constitutional amendment or
statewide measure which will appear on the general election ballot,
together with the copies of the condensations, explanations, arguments,
rebuttals and fiscal notes prepared pursuant to NRS 218.443 , 293.250 and
293.252 .
2. Whenever feasible, he shall provide those copies on or before
the first Monday in August of the year in which the proposals will appear
on the ballot. Copies of any additional proposals must be provided as
soon after their filing as feasible.
3. Each county clerk shall cause a copy of the full text of any
such constitution, amendment or measure and its condensation,
explanation, arguments, rebuttals and fiscal note to be published, in
conspicuous display advertising format of not less than 10 column inches,
in a newspaper of general circulation in the county three times at
intervals of not less than 7 days, the first publication to be on or
before the first Monday in October. If no such newspaper is published in
the county, the publication may be made in a newspaper of general
circulation published in the nearest Nevada county.
4. If a copy is furnished by the Secretary of State too late to be
published at 7-day intervals, it must be published three times at the
longest intervals feasible in each county.
5. The portion of the cost of publication which is attributable to
publishing the questions, explanations, arguments, rebuttals and fiscal
notes of proposed constitutions, constitutional amendments or statewide
measures is a charge against the State and must be paid from the Reserve
for Statutory Contingency Account upon recommendation by the Secretary of
State and approval by the State Board of Examiners.
(Added to NRS by 1960, 250; A 1967, 846; 1975, 938; 1977, 1010;
1981, 752; 1987, 111; 1991, 1760; 1997, 3065; 2003, 1691 )
VOTERS’ BILL OF RIGHTS
NRS 293.2546 may be cited as the Voters’ Bill of Rights.
(Added to NRS by 2003, 680 )
The
Legislature hereby declares that each voter has the right:
1. To receive and cast a ballot that:
(a) Is written in a format that allows the clear identification of
candidates; and
(b) Accurately records the voter’s preference in the selection of
candidates.
2. To have his questions concerning voting procedures answered and
to have an explanation of the procedures for voting posted in a
conspicuous place at the polling place.
3. To vote without being intimidated, threatened or coerced.
4. To vote on election day if the voter is waiting in line at his
polling place to vote before 7 p.m. and he has not already cast his vote
in that election.
5. To return a spoiled ballot and is entitled to receive another
ballot in its place.
6. To request assistance in voting, if necessary.
7. To a sample ballot which is accurate, informative and delivered
in a timely manner.
8. To receive instruction in the use of the equipment for voting
during early voting or on election day.
9. To have nondiscriminatory equal access to the elections system,
including, without limitation, a voter who is elderly, disabled, a member
of a minority group, employed by the military or a citizen who is
overseas.
10. To have a uniform, statewide standard for counting and
recounting all votes accurately.
11. To have complaints about elections and election contests
resolved fairly, accurately and efficiently.
(Added to NRS by 2003, 680 )
1. The Secretary of State, each county clerk and each city clerk
shall:
(a) Make the Voters’ Bill of Rights readily available to the public;
(b) Maintain a copy of the Voters’ Bill of Rights in his office for
reproduction and distribution to the public; and
(c) Ensure that the Voters’ Bill of Rights is posted in a
conspicuous place, in at least 12-point type, at each polling place.
2. The Secretary of State shall ensure that the Voters’ Bill of
Rights is posted on his Internet website.
(Added to NRS by 2003, 680 )
BALLOTS
In any election regulated by
this chapter, the names of candidates as printed on the ballot shall not
include any title, designation or other reference which will indicate the
profession or occupation of such candidates.
(Added to NRS by 1969, 20; A 1995, 2624)
1. Except as otherwise provided in subsection 2, in any election
regulated by this chapter, the name of a candidate printed on a ballot
may be the given name and surname of the candidate or a contraction or
familiar form of his given name followed by his surname. A nickname of
not more than 10 letters may be incorporated into the name of a
candidate. The nickname must be in quotation marks and appear immediately
before the surname of the candidate. A nickname must not indicate any
political, economic, social or religious view or affiliation and must not
be the name of any person, living or dead, whose reputation is known on a
statewide, nationwide or worldwide basis, or in any other manner deceive
a voter regarding the person or principles for which he is voting.
2. Except as otherwise provided in subsection 3, in any election
regulated by this chapter, if two or more candidates have the same
surname or surnames so similar as to be likely to cause confusion and:
(a) None of the candidates is an incumbent, the middle names or
middle initials, if any, of the candidates must be included in the names
of the candidates as printed on the ballot; or
(b) One of the candidates is an incumbent, the name of the
incumbent must be listed first and must be printed in bold type.
3. Where a system of voting other than by paper ballot is used and
the provisions of paragraph (b) of subsection 2 are applicable, the
Secretary of State may distinguish a candidate who is an incumbent in a
manner other than printing the name of the incumbent in bold type
provided that the manner used clearly emphasizes the name of the
incumbent in a manner similar to printing his name in bold type.
(Added to NRS by 2003, 1714 )
1. There must be a separate primary ballot for each major
political party. The names of candidates for partisan offices who have
designated a major political party in the declaration of candidacy or
acceptance of candidacy must appear on the primary ballot of the major
political party designated.
2. The county clerk may choose to place the names of candidates
for nonpartisan offices on the ballots for each major political party or
on a separate nonpartisan primary ballot, but the arrangement which he
selects must permit all registered voters to vote on them.
(Added to NRS by 1960, 250; A 1963, 1388; 1965, 652; 1967, 847;
1971, 442; 1977, 243; 1979, 264; 1989, 227)
1. Where there is no contest of election for nomination to a
particular office, neither the title of the office nor the name of the
candidate may appear on the ballot.
2. If more than one major political party has candidates for a
particular office, the persons who receive the highest number of votes at
the primary elections must be declared the nominees of those parties for
the office.
3. If only one major political party has candidates for a
particular office and a minor political party has nominated a candidate
for the office or an independent candidate has filed for the office, the
candidate who receives the highest number of votes in the primary
election of the major political party must be declared the nominee of
that party and his name must be placed on the general election ballot
with the name of the nominee of the minor political party for the office
and the name of the independent candidate who has filed for the office.
4. If only one major political party has candidates for a
particular office and no minor political party has nominated a candidate
for the office and no independent candidate has filed for the office:
(a) If there are more candidates than twice the number to be
elected to the office, the names of the candidates must appear on the
ballot for a primary election. Except as otherwise provided in this
paragraph, the candidates of that party who receive the highest number of
votes in the primary election, not to exceed twice the number to be
elected to that office at the general election, must be declared the
nominees for the office. If only one candidate is to be elected to the
office and a candidate receives a majority of the votes in the primary
election for that office, that candidate must be declared the nominee for
that office and his name must be placed on the ballot for the general
election.
(b) If there are no more than twice the number of candidates to be
elected to the office, the candidates must, without a primary election,
be declared the nominees for the office.
5. Where no more than the number of candidates to be elected have
filed for nomination for:
(a) Any partisan office or the office of justice of the Supreme
Court, the names of those candidates must be omitted from all ballots for
a primary election and placed on all ballots for a general election; and
(b) Any nonpartisan office, other than the office of justice of the
Supreme Court, the names of those candidates must appear on the ballot
for a primary election unless the candidates were nominated pursuant to
subsection 2 of NRS 293.165 . If a
candidate receives one or more votes at the primary election, he must be
declared elected to the office and his name must not be placed on the
ballot for the general election. If a candidate does not receive one or
more votes at the primary election, his name must be placed on the ballot
for the general election.
6. If there are more candidates than twice the number to be
elected to a nonpartisan office, the names of the candidates must appear
on the ballot for a primary election. 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 1960, 251; A 1963, 1388; 1979, 264; 1987, 339;
1989, 227; 1997, 94, 757, 770, 3453; 2003, 869 )
An absent ballot or a ballot
voted by a voter who resides in a mailing precinct must be voted:
1. On a paper ballot:
2. On a ballot which is voted by punching a card; or
3. By any other system authorized by state or federal law.
(Added to NRS by 1995, 2774; A 2003, 1649 )
On the primary
ballots for a major political party, the name of the major political
party must appear at the top of the ballot. 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 partisan office for which those
candidates filed.
(Added to NRS by 1960, 251; A 1965, 652; 1967, 847; 1971, 442;
1979, 265; 1989, 227; 2003, 1717 )
On nonpartisan primary ballots,
there must appear at the top of the ballot the designation “Candidates
for nonpartisan 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 nonpartisan office for which those candidates filed.
(Added to NRS by 1960, 251; A 1961, 288; 1963, 1388; 1965, 652;
1967, 847; 1979, 265; 2003, 1717 )
1. Ballots for a general election must contain the names of
candidates who were nominated at the primary election, the names of the
candidates of a minor political party and the names of independent
candidates.
2. Except as otherwise provided in NRS 293.2565 , names of candidates must be grouped
alphabetically under the title and length of term of the office for which
those candidates filed.
3. Except as otherwise provided in subsection 4:
(a) Immediately following the name of each candidate for a partisan
office must appear the name of his political party or the word
“independent,” as the case may be.
(b) Immediately following the name of each candidate for a
nonpartisan office must appear the word “nonpartisan.”
4. Where a system of voting other than by paper ballot is used,
the Secretary of State may provide for any placement of the name of the
political party or the word “independent” or “nonpartisan” which clearly
relates the designation to the name of the candidate to whom it applies.
5. If the Legislature rejects a statewide measure proposed by
initiative and proposes a different measure on the same subject which the
Governor approves, the measure proposed by the Legislature and approved
by the Governor must be listed on the ballot before the statewide measure
proposed by initiative. Each ballot and sample ballot upon which the
measures appear must contain a statement that reads substantially as
follows:
The following questions are alternative approaches to the same
issue, and only one approach may be enacted into law. Please vote for
only one.
(Added to NRS by 1960, 251; A 1963, 1389; 1965, 653; 1967, 847;
1969, 137; 1979, 265; 1987, 339; 1989, 2165; 1997, 3454; 2003, 1718
)
1. A ballot prepared for use in an election in this State must be
dated and marked in such a manner as to indicate clearly at which
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 election and indicate clearly at which
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 election and
indicate clearly at which election the ballot will be used.
(Added to NRS by 1993, 2168; A 1995, 2776)
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 in the following order:
1. President and Vice President of the United States.
2. United States Senator and Representative in Congress, in that
sequence.
3. Governor, Lieutenant Governor, Secretary of State, Treasurer,
Controller and Attorney General, in that sequence.
4. State Senators and Assemblymen.
5. County and township partisan offices.
6. Statewide nonpartisan offices.
7. District nonpartisan offices.
8. County nonpartisan offices.
9. City offices:
(a) Mayor;
(b) Councilmen according to ward in numerical order, if no wards,
in alphabetical order; and
(c) Municipal judges.
10. Township nonpartisan offices.
11. Questions presented to the voters of the State with advisory
questions listed in consecutive order after any other questions presented
to the voters of the State.
12. Questions presented only to the voters of a special district
or political subdivision of the State with advisory questions listed in
consecutive order after any other questions presented only to the voters
of a special district or political subdivision of the State.
(Added to NRS by 1961, 296; A 1975, 939; 1979, 131; 1987, 339;
1993, 2180; 2003, 3193 )
1. Every ballot upon which appears the names of candidates for any
statewide office or for President and Vice President of the United States
shall contain for each office an additional line equivalent to the lines
on which the candidates’ names appear and placed at the end of the group
of lines containing the names of the candidates for that office. Each
additional line shall contain a square in which the voter may express his
choice of that line in the same manner as he would express his choice of
a candidate, and the line shall read “None of these candidates.”
2. Only votes cast for the named candidates shall be counted in
determining nomination or election to any statewide office or
presidential nominations or the selection of presidential electors, but
for each office the number of ballots on which the additional line was
chosen shall be listed following the names of the candidates and the
number of their votes in every posting, abstract and proclamation of the
results of the election.
3. Every sample ballot or other instruction to voters prescribed
or approved by the Secretary of State shall clearly explain that the
voter may mark his choice of the line “None of these candidates” only if
he has not voted for any candidate for the office.
(Added to NRS by 1975, 475)
If a county or city uses paper
ballots or punch cards in an election, including, without limitation, for
absent ballots and ballots voted in a mailing precinct, the county or
city clerk shall provide a voter education program specific to the voting
system used by the county or city. The voter education program must
include, without limitation, information concerning the effect of
overvoting and the procedures for correcting a vote on a ballot before it
is cast and counted and for obtaining a replacement ballot.
(Added to NRS by 2003, 2169 )
VOTING SYSTEMS GENERALLY
The Secretary of State
and each county and city clerk shall ensure that each voting system used
in this State:
1. Secures to each voter privacy and independence in the act of
voting, including, without limitation, confidentiality of the ballot of
the voter;
2. Allows each voter to verify privately and independently the
votes selected by the voter on the ballot before the ballot is cast and
counted;
3. Provides each voter with the opportunity, in a private and
independent manner, to change the ballot and to correct any error before
the ballot is cast and counted, including, without limitation, the
opportunity to correct an error through the issuance of a replacement
ballot if the voter is otherwise unable to change the ballot or correct
the error;
4. Provides a permanent paper record with a manual audit capacity
which must be available as an official record for a recount; and
5. Meets or exceeds the standards for voting systems established
by the Federal Election Commission, including, without limitation, the
error rate standards.
(Added to NRS by 2003, 2169 )
1. Each voting system used by a county or city shall provide
voting materials in English and other languages in compliance with the
provisions of 42 U.S.C. § 1973aa-1a.
2. As used in this section, the term “voting materials” has the
meaning ascribed to it in 42 U.S.C. § 1973aa-1a.
(Added to NRS by 2003, 2169 )
VOTING AT POLLS
1. Voting at any election regulated by this title must be on
printed ballots or by any other system approved by the Secretary of State
or specifically authorized by law.
2. Voting must be only upon candidates whose names appear upon the
ballot prepared by the election officers, and no person may write in the
name of an additional candidate for any office.
(Added to NRS by 1960, 252; A 1973, 459; 1977, 243; 1987, 340;
1997, 3455)
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 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 293.343
to 293.355 , inclusive;
(b) Is entitled to vote an absent ballot pursuant to federal law or
NRS 293.316 or 293.3165 ;
(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 county
clerk.
(Added to NRS by 1991, 1681; A 1993, 2180; 1995, 2624; 1999, 2155
; 2001, 1434 ; 2003, 2175 )
1. Except as otherwise provided in subsection 2, in NRS 293.3081
and 293.3083 and in federal law, a person who registers by
mail to vote in this State and who has not previously voted in an
election for federal office in this State:
(a) May vote at a polling place only if the person presents to the
election board officer at the polling place:
(1) A current and valid photo identification of the person;
or
(2) A copy of a current utility bill, bank statement,
paycheck, or document issued by a governmental entity, including, without
limitation, a check, which indicates the name and address of the person;
and
(b) May vote by mail only if the person provides to the county or
city clerk:
(1) A copy of a current and valid photo identification of
the person; or
(2) A copy of a current utility bill, bank statement,
paycheck, or document issued by a governmental entity, including, without
limitation, a check, which indicates the name and address of the person.
2. The provisions of this section do not apply to a person who:
(a) Registers to vote by mail and submits with his application to
register to vote:
(1) A copy of a current and valid photo identification; or
(2) A copy of a current utility bill, bank statement,
paycheck, or document issued by a governmental entity, including, without
limitation, a check, which indicates the name and address of the person;
(b) Registers to vote by mail and submits with his application to
register to vote a driver’s license number or at least the last four
digits of his social security number, if a state or local election
official has matched that information with an existing identification
record bearing the same number, name and date of birth as provided by the
person in his application;
(c) Is entitled to vote an absent ballot pursuant to the Uniformed
and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.;
(d) Is provided the right to vote otherwise than in person under
the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C.
§§ 1973ee et seq.; or
(e) Is entitled to vote otherwise than in person under any other
federal law.
(Added to NRS by 2003, 2171 )
1. Except as otherwise provided in subsection 2 and NRS 293.305
, at all elections held under the
provisions of this title, 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 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 title.
(Added to NRS by 1960, 252; A 1971, 442, 1127; 1975, 34, 939; 1977,
243; 1981, 1740; 1991, 1352; 1993, 2180; 2001, 2948 )
The county
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 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 1987, 1870; A 1999, 263 )—(Substituted in revision for NRS 293.214)
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, 2283 )
1. The county clerk shall allow members of the general public to
observe the conduct of voting at a polling place.
2. A member of the general public shall not photograph the conduct
of voting at a polling place 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 1995, 2772; A 1999, 264 )
No election board may
perform its duty in serving registered voters at any precinct or district
polling place in any election provided for in this title, unless it has
before it the election board register for its precinct or district.
(Added to NRS by 1960, 252)
1. Except as otherwise provided in NRS 293.541 , if a person’s name appears in the election
board register or if he provides an affirmation pursuant to NRS 293.525
, 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. Except as otherwise provided in NRS 293.2725 , the forms of identification which may be
used individually 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 which contains the voter’s signature and physical description or
picture.
(Added to NRS by 1960, 252; A 1985, 559; 1991, 2219; 1993, 2181;
1995, 2263; 2001, 2595 ; 2003, 2176 )
Any registered voter who is unable to sign his name must be
identified by answering questions covering the personal data which 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 1960, 252; A 1985, 560; 1995, 2264)
1. A registered voter applying to vote shall 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 partisan ballot and, if
required, one nonpartisan ballot, correctly folded must be given to the
voter and the number of the ballot or ballots must be written by an
election board officer upon the pollbook, opposite the name of the
registered voter receiving the ballot or ballots.
2. In pollbooks in which voters’ names have been entered, election
officers may indicate the application to vote without writing the name.
(Added to NRS by 1960, 253; A 1971, 442, 1486; 1987, 692)
1. A registered voter applying to vote at any primary election
shall give his name and political affiliation, if any, to the election
board officer in charge of the election board register, and the officer
shall immediately announce the name and political affiliation.
2. Any person’s right to vote may be challenged by any registered
voter upon:
(a) Any of the grounds allowed for a challenge in NRS 293.303
;
(b) The ground that the person applying does not belong to the
political party designated upon the register; or
(c) The ground that the register does not show that he designated
the political party to which he claims to belong.
3. Any such challenge must be disposed of in the manner provided
by NRS 293.303 .
4. A registered voter who has designated on his application to
register to vote an affiliation with a minor political party may vote a
nonpartisan ballot at the primary election.
(Added to NRS by 1960, 253; A 1971, 443; 1977, 243; 1987, 1369;
1989, 228; 1991, 1681; 1995, 2264)
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, or upon one of the lines provided pursuant to NRS 293.269 , except that in a general election, at which
the names of candidates for President and Vice President of the United
States are on the ballot, followed by the designation of their party, one
vote for the party designated constitutes a vote for that party’s
candidates for President and Vice President.
2. If a proposed constitutional amendment or other question is
submitted to the registered voters, the voter’s mark must be placed in
the square following the answer which 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 it by the
election board officer. The strip bearing the number must be retained by
the election board officer.
(Added to NRS by 1960, 254; A 1967, 848; 1971, 1487; 1975, 475;
1979, 265; 1987, 693; 1997, 758)
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 a
voter with a disability.
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 county 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 county 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 county 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 county clerk.
(Added to NRS by 2001, 1433 ; A 2003, 1649 , 2176 )
1. Any registered voter who by reason 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 by reason 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 county clerk and election board officer shall, upon the request of a
registered voter with a physical disability, make reasonable
accommodations to allow the voter to vote at his polling place.
(Added to NRS by 1973, 293; A 1977, 244; 1985, 1093; 1987, 693;
1999, 2156 )
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 appropriate county clerk with the
election supplies.
2. If ballots which 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 1960, 254; A 1963, 1373; 1967, 848; 1987, 340,
694; 1995, 2776; 1997, 3455)
Except as
otherwise provided in subsection 2 of NRS 293.297 , 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 1960, 255; A 1995, 2776)
1. The county clerk of each county 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 county. Except as
otherwise provided in NRS 293.5002 and
293.558 , the alphabetical listing must
include the name, address and political affiliation 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 that
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 subsection 1 of NRS 293.301 .
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, address or
political affiliation of any voter, or the fact that a voter has or has
not voted, is guilty of a misdemeanor.
(Added to NRS by 1991, 1352; A 1993, 2181; 1995, 2776; 2005, 2287
)
If a candidate whose name appears on the ballot at a primary
election or general election dies after the applicable dates set forth in
NRS 293.368 but before the time of the
closing of the polls on the day of the election, the county 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 election or
general election.
(Added to NRS by 1997, 1292; A 1999, 702 ; 2003, 1705 )
The Secretary of State and each county and
city clerk shall ensure that a copy of each of the following is posted in
a conspicuous place at each polling place on election day:
1. A sample ballot;
2. Information concerning the date and hours of operation of the
polling place;
3. Instructions for voting and casting a ballot, including a
provisional ballot;
4. Instructions concerning the identification required for persons
who registered by mail and are first-time voters for federal office in
this State;
5. Information concerning the accessibility of polling places to
persons with disabilities; and
6. General information concerning federal and state laws which
prohibit acts of fraud and misrepresentation.
(Added to NRS by 2003, 2173 )
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 belong to
the political party designated upon the register, “I swear or affirm
under penalty of perjury that I belong to the political party designated
upon the register”;
(b) If the challenge is on the ground that the register does not
show that he designated the political party to which he claims to belong,
“I swear or affirm under penalty of perjury that I designated on the
application to register to vote the political party to which I claim to
belong”;
(c) 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”;
(d) 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
(e) 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.”
Ê 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. Except as otherwise provided in subsection 4, 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) or (b) of subsection 2, the
election board officers shall issue him a nonpartisan ballot.
5. If the challenged person refuses to execute the oath or
affirmation set forth in paragraph (c) of subsection 2, the election
board officers shall inform him that he is entitled to vote only in the
manner prescribed in NRS 293.304 .
6. If the challenged person executes the oath or affirmation and
the challenge is not based on the ground set forth in paragraph (e) of
subsection 2, the election board officers shall issue him a partisan
ballot.
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 until
he furnishes satisfactory identification which contains proof of the
address at which he actually resides.
8. If the challenge is based on the ground set forth in paragraph
(e) 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.
9. 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 1960, 255; A 1977, 244; 1983, 1287; 1985, 560;
1987, 340; 1991, 1682; 1993, 2182; 1995, 2264; 1997, 759; 2001, 1949
, 2948 ; 2003, 200 , 210 )
1. As soon as practicable, but in no case later than 21 calendar
days after each election, the county clerk shall mail a notice to each
person who is listed on the challenge list as the registered voter who
initiated a challenge pursuant to NRS 293.303 .
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, 1949 )
1. If a person is successfully challenged on the ground set forth
in paragraph (c) of subsection 2 of NRS 293.303 or if a person refuses to provide an
affirmation pursuant to NRS 293.525 ,
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 county clerk of each county shall maintain a special
polling place in his office and at such other 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 293.525
in:
(a) A special ballot box if the ballots are paper ballots or
ballots which are voted by punching a card; or
(b) A special sealed container if the ballots are ballots which 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) President and Vice President of the United States;
(b) United States Senator;
(c) All state officers for whom all voters in the State may vote;
(d) All officers for whom all voters in the county may vote; and
(e) Questions which have been submitted to all voters of the county
or State.
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 which are voted by
punching a card, maintained in a separate ballot box; or
(b) If the ballots are ballots which are voted on a mechanical
recording device which directly records the votes electronically,
maintained in a separate sealed container,
Ê 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 1981, 1860; A 1987, 694, 1369; 1989, 2165; 1991,
1683, 2219; 1993, 2183; 1995, 2266, 2777)
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 such voters have been admitted to the polling place. Voting
must continue until those voters have voted.
2. The deputy sheriff shall allow other persons to enter the
polling place after the doors have been closed for the purpose of
observing or any other legitimate purpose if there is room within the
polling place and such admittance will not interfere unduly with the
voting.
(Added to NRS by 1960, 256; A 1987, 341)
After the
last person entitled to vote has voted, the voting board, before
adjourning, shall put the records and the account of ballots in order for
the counting board.
(Added to NRS by 1960, 256)
VOTING BY PROVISIONAL BALLOT
A person at a polling place may cast a
provisional ballot in an election to vote for a candidate for federal
office if the person complies with the applicable provisions of NRS
293.3082 and:
1. Declares that he has registered to vote and is eligible to vote
at that election in that jurisdiction, but his name does not appear on a
voter registration list as a voter eligible to vote in that election in
that jurisdiction or an election official asserts that the person is not
eligible to vote in that election in that jurisdiction;
2. Applies by mail, on or after January 1, 2003, to register to
vote and has not previously voted in an election for federal office in
this State and fails to provide the identification required pursuant to
paragraph (a) of subsection 1 of NRS 293.2725 to the election board officer at the polling
place; or
3. Declares that he is entitled to vote after the polling place
would normally close as a result of a court order or other order
extending the time established for the closing of polls pursuant to a law
of this State in effect 10 days before the date of the election.
(Added to NRS by 2003, 2169 )
1. Before a person may cast a provisional ballot pursuant to NRS
293.3081 , the person must complete a
written affirmation on a form provided by an election board officer, as
prescribed by the Secretary of State, at the polling place which includes:
(a) The name of the person casting the provisional ballot;
(b) The reason for casting the provisional ballot;
(c) A statement in which the person casting the provisional ballot
affirms under penalty of perjury that he is a registered voter in the
jurisdiction and is eligible to vote in the election;
(d) The date and type of election;
(e) The signature of the person casting the provisional ballot;
(f) The signature of the election board officer;
(g) A unique affirmation identification number assigned to the
person casting the provisional ballot;
(h) If the person is casting the provisional ballot pursuant to
subsection 1 of NRS 293.3081 :
(1) An indication by the person as to whether or not he
provided the required identification at the time he applied to register
to vote;
(2) The address of the person as listed on his application
to register to vote;
(3) Information concerning the place, manner and approximate
date on which the person applied to register to vote;
(4) Any other information that the person believes may be
useful in verifying that the person has registered to vote; and
(5) A statement informing the voter that if the voter does
not provide identification at the time the voter casts the provisional
ballot, the required identification must be provided to the county or
city clerk not later than 5 p.m. on the Friday following election day and
that failure to do so will result in the provisional ballot not being
counted;
(i) If the person is casting the provisional ballot pursuant to
subsection 2 of NRS 293.3081 :
(1) The address of the person as listed on his application
to register to vote;
(2) The voter registration number, if any, issued to the
person; and
(3) A statement informing the voter that the required
identification must be provided to the county or city clerk not later
than 5 p.m. on the Friday following election day and that failure to do
so will result in the provisional ballot not being counted; and
(j) If the person is casting the provisional ballot pursuant to
subsection 3 of NRS 293.3081 , the
voter registration number, if any, issued to the person.
2. After a person completes a written affirmation pursuant to
subsection 1:
(a) The election board officer shall provide the person with a
receipt that includes the unique affirmation identification number
described in subsection 1 and that explains how the person may use the
free access system established pursuant to NRS 293.3086 to ascertain whether his vote was counted,
and, if his vote was not counted, the reason why the vote was not counted;
(b) The voter’s name and applicable information must be entered
into the roster in a manner which indicates that the voter cast a
provisional ballot; and
(c) The election board officer shall issue a provisional ballot to
the person to vote only for candidates for federal offices.
(Added to NRS by 2003, 2170 )
A person may cast a ballot by mail to vote for a
candidate for federal office, which must be treated as a provisional
ballot by the county or city clerk if the person:
1. Applies by mail to register to vote and has not previously
voted in an election for federal office in this State;
2. Fails to provide the identification required pursuant to
paragraph (b) of subsection 1 of NRS 293.2725 to the county or city clerk at the time that
he mails his ballot; and
3. Completes the written affirmation set forth in subsection 1 of
NRS 293.3082 .
(Added to NRS by 2003, 2171 )
Each county and city clerk
shall establish procedures to:
1. Keep each provisional ballot cast pursuant to NRS 293.3081
or 293.3083 separate from other ballots until it has been
determined whether or not the voter was registered and eligible to vote
in the election in that jurisdiction;
2. Keep each provisional ballot cast pursuant to subsection 3 of
NRS 293.3081 separate from all other
provisional ballots; and
3. Inform a person whose name does not appear on a voter
registration list as an eligible voter for a polling place or who an
election official asserts is not eligible to vote at the polling place of
the ability of the person to cast a provisional ballot.
(Added to NRS by 2003, 2172 )
1. Following each election, a canvass of the provisional ballots
cast in the election must be conducted pursuant to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387
.
2. The county and city clerk shall not:
(a) Include any provisional ballot in the unofficial results
reported on election night; or
(b) Open any envelope containing a provisional ballot before 8 a.m.
on the Wednesday following election day.
3. Except as otherwise provided in subsection 4, a provisional
ballot must be counted if:
(a) The county or city clerk determines that the person who cast
the provisional ballot was registered to vote in the election, eligible
to vote in the election and issued the appropriate ballot for the address
at which he resides;
(b) A voter who failed to provide required identification at the
polling place or with his mailed ballot provides the required
identification to the county or city clerk not later than 5 p.m. on the
Friday following election day; or
(c) A court order has not been issued by 5 p.m. on the Friday
following election day directing that provisional ballots cast pursuant
to subsection 3 of NRS 293.3081 not be
counted, and the provisional ballot was cast pursuant to subsection 3 of
NRS 293.3081 .
4. A provisional ballot must not be counted if the county or city
clerk determines that the person who cast the provisional ballot cast the
wrong ballot for the address at which he resides.
(Added to NRS by 2003, 2172 )
1. The Secretary of State shall establish a free access system
such as a toll-free telephone number or an Internet website to inform a
person who cast a provisional ballot whether his vote was counted and, if
his vote was not counted, the reason why the vote was not counted.
2. The free access system must ensure secrecy of the ballot while
protecting the confidentiality and integrity of personal information
contained therein.
3. Access to information concerning a provisional ballot must be
restricted to the person who cast the provisional ballot.
(Added to NRS by 2003, 2172 )
ABSENT BALLOT VOTING
1. The county clerk of each county shall prepare an absent ballot
for the use of registered voters who have requested absent ballots. The
county 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:
(a) Resides within the State, not later than 20 days before the
election in which it is to be used; or
(b) Resides outside the State, not later than 40 days before a
primary or general election, if possible.
3. Any legal action which would prevent the ballot from being
issued pursuant to subsection 2 is moot and of no effect.
(Added to NRS by 1971, 433; A 1975, 374; 1987, 341; 1991, 2220;
1995, 2624; 1997, 3455; 1999, 2156 ; 2001, 1434 )
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 county clerk of each county to which a form will be distributed
written notification of the approximate number of forms to be distributed
to voters in the county and of the first date on which the forms will be
distributed;
(c) Not return or offer to return to a county 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, 2147 ; A 2001, 2025 , 2949 ; 2003, 149 , 152 )
1. Except as otherwise provided in NRS 293.330 , 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 county clerk shall notify the
precinct or district election board that the registered voter has
requested an absent ballot.
(Added to NRS by 1960, 256; A 1967, 849; 1977, 245; 1987, 342;
1993, 2184; 1995, 2625; 1997, 3455)
1. Except as otherwise provided in NRS 293.272 and 293.502 ,
a registered voter who provides sufficient written notice to the county
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 which substantially
impairs his ability to go to the polling place,
Ê 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 which is signed by the
registered voter and returned to the county clerk in person or by mail or
facsimile machine;
(b) Form prescribed by the Secretary of State which is completed
and signed by the registered voter and returned to the county clerk in
person or by mail or facsimile machine; or
(c) Form provided by the Federal Government.
4. A county clerk shall consider a request from a voter who has
given sufficient written notice on a form provided by the Federal
Government as a request for an absent ballot for the two primary and
general elections immediately following the date on which the county
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 this subsection is guilty of a category E
felony and shall be punished as provided in NRS 193.130 .
(Added to NRS by 1960, 256; A 1971, 443; 1973, 894; 1975, 527;
1987, 342, 1370; 1991, 2220; 1993, 2184; 1995, 1265; 1997, 230, 3456;
2001, 2950 ; 2003, 1649 , 2177 )
1. A registered voter referred to in NRS 293.313 may, at any time before 5 p.m. on the seventh
calendar day preceding any election, make an application to that 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 clerk, he is entitled to receive the appropriate ballot or ballots,
but only for his own use.
3. A county 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 such information.
(Added to NRS by 1960, 256; A 1961, 289; 1967, 849; 1987, 342;
1989, 2166; 1993, 2185; 2001, 2950 )
Notwithstanding any other
provisions of this title:
1. Any registered voter of this State who resides outside the
continental United States may use the form provided by the Federal
Government as a special absent ballot for a general election if the voter:
(a) Requests an absent ballot and the request is received by the
county clerk not later than 30 days before the general election; and
(b) Does not receive the absent ballot.
2. The special absent ballot must be used only for the offices of
President and Vice President of the United States, United States Senator
and Representative in Congress. The ballot must allow the registered
voter to vote by writing in his choice of a political party for each
office or the name of a candidate whose name appears on the ballot for
each office.
3. The special absent ballot must not be counted if:
(a) It is submitted from any location within the continental United
States;
(b) The county clerk receives the request for an absent ballot less
than 30 days before the general election; or
(c) The county clerk receives the absent ballot on or before the
date of the general election.
(Added to NRS by 1987, 2048; A 1989, 1729, 2166; 1993, 2185)
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 county 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 county
clerk.
4. The Secretary of State shall adopt regulations to carry out the
provisions of this section.
(Added to NRS by 1991, 2217; A 2001, 2950 )
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 293.315 ,
Ê may submit a written request to the county 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 county clerk determines that a request submitted
pursuant to subsection 1 includes the information required pursuant to
subsection 3, the county clerk shall, at the office of the county 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 county 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 county 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 1967, 852; A 1969, 455; 1971, 444; 1985, 1093;
1987, 342; 1991, 2221; 1997, 3456; 1999, 2156 )
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 county clerk requesting
that he receive an absent ballot for each 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 county clerk shall, if the statement
includes the information required pursuant to subsection 2, issue an
absent ballot to the registered voter for each election that is conducted
during the year immediately succeeding the date the written statement is
submitted to the county clerk.
4. To determine whether a registered voter is entitled to receive
an absent ballot pursuant to this section, the county 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 county 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, 2146 )
Absent ballots, including
special absent ballots described in NRS 293.3155 , received by the county or city clerk after
the polls are closed on the day of election are invalid.
(Added to NRS by 1960, 256; A 1987, 343; 2001, 1951 )
1. The county clerk shall determine before issuing an absent
ballot that the person making application is a registered voter in the
proper county.
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,
Ê before receiving an absent ballot.
3. If the county clerk rejects an application submitted pursuant
to subsection 2 or submitted by an overseas voter, the county clerk shall
inform the applicant of the reason for the rejection.
(Added to NRS by 1960, 256; A 1965, 669; 1987, 343; 1993, 2186;
1995, 2267; 1997, 3457; 2003, 2177 )
1. Except as otherwise provided in subsection 2, if the request
for an absent ballot is made by mail or facsimile machine, the county
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 counties 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 county clerk fails to send an absent ballot pursuant to
subsection 1 to a voter who resides within the continental United States,
the county 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
county 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 in the mails or sending a ballot by
facsimile machine, the county clerk shall record the date the ballot is
issued, the name of the registered voter to whom it is issued, his
precinct or district, his political affiliation, if any, 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 1960, 256; A 1961, 289; 1975, 1531; 1985, 1094;
1987, 343; 1997, 760, 3457; 2001, 2026 ; 2003, 149 )
1. Except as otherwise provided in subsections 2 and 3, when an
absent ballot is returned by a registered voter to the county clerk
through the mails and record thereof is made in the absent ballot record
book, the county 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 county clerk has appointed an absent ballot central
counting board, the county 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 county 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 county
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 county clerk shall deliver the ballot box and, if
applicable, each container to the absent ballot counting board to be
counted.
3. If the county uses a mechanical voting system, the county 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 county 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 county clerk at all times. At the end of each day before
election day, the county 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 county clerk shall deliver the ballot box and each
container, if applicable, to the central counting place. If the county
uses a mechanical voting system and the county clerk has appointed an
absent ballot central counting board, the county 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 1960, 257; A 1961, 289; 1967, 849; 1975, 1531;
1985, 1094; 1987, 343; 1995, 2625; 1997, 3458; 2001, 2027 )
1. Except as otherwise provided in NRS 293.3157 and subsection 2 of NRS 293.323 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 county 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
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 county 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 293.316 , 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 county 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 1960, 257; A 1985, 1095; 1987, 344, 695; 1993,
2186; 1995, 1266; 1997, 231, 761, 773, 3458; 1999, 2157 ; 2001, 2027 , 2951 ; 2003, 200 , 210 )
On the day of an election, the precinct or district election boards
receiving the absent voters’ ballots from the county 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 293.325 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 1960, 258; A 1987, 344, 695; 1995, 2267, 2625;
1997, 652, 3458; 2001, 2028 )
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 county
clerk. On all envelopes containing 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 1960, 258; A 1987, 345, 713, 740; 1997, 3459)
1. In counties in which an absent ballot central counting board is
appointed the county clerk shall provide a ballot box in his office for
each different ballot listing in the county.
2. On each such box there shall appear a statement indicating the
precincts and district for which such box has been designated.
3. Each absent ballot voted shall be deposited in a ballot box
according to the precinct or district of the absent voter voting such
ballot.
(Added to NRS by 1960, 258)
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
general election, or in a precinct in which it appears to the
satisfaction of the county 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 293.345 to
293.355 , inclusive.
2. Whenever the county 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
293.345 to 293.355 , inclusive.
(Added to NRS by 1960, 258; A 1987, 345; 1997, 3459)
The county clerk shall mail to each registered
voter in each mailing precinct and in each absent ballot mailing
precinct, before 5 p.m. on the second Thursday before the primary
election and before 5 p.m. on the fourth Tuesday in October of any year
in which a general election is to be held, an official mailing ballot to
be voted by him at the election.
(Added to NRS by 1960, 258; A 1961, 290; 1983, 1119; 1987, 345;
1989, 1730; 1991, 2221; 1997, 3459; 2005, 1435 )
1. The county 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 counties 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 regarding the manner of punching and returning the
card.
(Added to NRS by 1960, 259; A 1961, 290; 1963, 1373; 1975, 1532;
1985, 1095; 1987, 345; 1997, 761, 3459)
Upon
receipt of a mailing ballot from the county 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 county clerk.
2. In those counties 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 county clerk.
(Added to NRS by 1960, 259; A 1963, 1374; 1975, 1533; 1985, 1095;
1987, 346; 1997, 3460)
Upon receipt of the return envelope from the
registered voter, the county clerk shall follow the same procedure as in
the case of absent ballots.
(Added to NRS by 1960, 259; A 1963, 1374; 1987, 346; 1997, 3460)
EARLY VOTING BY PERSONAL APPEARANCE
If a request is made
to vote early by a registered voter in person, the election board shall
issue a ballot for early voting to the voter. Such a ballot must be voted
on the premises of a polling place for early voting established pursuant
to NRS 293.3564 or 293.3572 and returned to the election board. If the
ballot is a paper ballot, a ballot which is voted by punching a card or a
ballot which is voted by any other system authorized by state or federal
law, the election board shall follow the same procedure as in the case of
absent ballots received by mail.
(Added to NRS by 1993, 2169; A 1995, 2626, 2777; 1997, 668, 671,
2778; 1999, 695 ; 2003, 1650 )
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 county clerk pursuant to subsection 2.
2. The county 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 board of county commissioners, inform the
board of the sites selected as permanent and temporary polling places for
early voting by personal appearance.
(Added to NRS by 2005, 2283 )
1. The county clerk may establish permanent polling places for
early voting by personal appearance in the county at the locations
selected by him pursuant to NRS 293.3561 .
2. Except as otherwise provided in subsection 3, any person
entitled to vote early by personal appearance may do so at any polling
place for early voting.
3. If it is impractical for the county clerk to provide at each
polling place for early voting a ballot in every form required in the
county, he may:
(a) Provide appropriate forms of ballots for all offices within a
township, city, town or county commissioner election district, as
determined by the county clerk; and
(b) Limit voting at that polling place to registered voters in that
township, city, town or county commissioner election district.
(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671,
2778; 1999, 695 ; 2005, 2287 )
1. The period for early voting by personal appearance begins the
third Saturday preceding a primary or general election and extends
through the Friday before election day, Sundays and holidays excepted.
2. The county 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 county 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 county 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, 695 )
1. In addition to permanent polling places for early voting, the
county clerk may establish temporary branch polling places for early
voting which may include, without limitation, the clerk’s office pursuant
to NRS 293.3561 .
2. The provisions of subsection 3 of NRS 293.3568 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 county 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, 695 ; 2003, 1650 ; 2005, 2288 )
1. The county 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 county clerk shall post a copy of the schedule on the
bulletin board used for posting notice of meetings of the board of county
commissioners. 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 county 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, 695 )
1. The county 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 county 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, 695 )
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)
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 county 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 293.303 .
(Added to NRS by 1993, 2170; A 1995, 2267, 2627, 2779; 1997, 668,
671, 2780; 1999, 695 )
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, 695
, 2158 )
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 county
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, 695
)
1. A ballot board for early voting must be appointed by the county
clerk to handle early voting ballots for that county.
2. The board must consist of two cochairmen who must be of
different political parties and at least two other members who may be of
the same political party as one of the cochairmen but must not be of the
same political party as any other member.
(Added to NRS by 1993, 2171; A 1997, 2781; 1999, 695 )
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 county 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 county clerk shall provide a new ballot box sealed in
the manner prescribed in NRS 293.359 .
3. At the close of each voting day before the fourth voting day
before the last day to vote early, the county 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 county clerk shall deliver all ballots
voted to the ballot board for early voting. At the close of the last
voting day, the county 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 county 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, 695
, 2158 ; 2001, 2028 )
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
293.3585 for that day.
(b) Secure:
(1) The ballots pursuant to the plan for security required
by NRS 293.3594 ; and
(2) Each mechanical voting device in the manner prescribed
by the Secretary of State pursuant to NRS 293.3594 .
2. At the close of the last voting day, the county 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 293.3585 ;
(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 county 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
numbered 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, 695 )
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 must 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 county 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, 695 , 3553 )
On election day
the county clerk shall:
1. Ensure that each mechanical recording device used during the
period for early voting provides a record 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
293.3604 ;
(b) The records 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, 605 , 695 ; 2003, 1650 )
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 county 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, 679
, 695 )
RETURNS AND CANVASS
The county 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 293.304 ,
293.325 , 293.3602 , 293B.330
and 293B.335 . The record must include
the numbers indicated on the container and its seal pursuant to NRS
293.462 .
(Added to NRS by 1995, 2772; A 1997, 668, 3460; 2001, 2029 )
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 which 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 ascertain 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 in
number the number of names on the pollbooks, the ballots must be replaced
in the container or box, and a counting board officer, with his back
turned to the container or box, shall 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 county clerk
with the other ballots rejected for any cause.
4. When it has been ascertained 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 1960, 259; A 1961, 290; 1985, 1596; 1987, 346;
1995, 2781; 1997, 3461; 2001, 2029 )
No counting board in any precinct or district in which paper
ballots are used may commence to count the votes until all ballots used
or unused are accounted for.
(Added to NRS by 1960, 260; A 1977, 245)
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. The 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 or chapter 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 counties 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 1960, 260; A 1961, 291; 1967, 849; 1975, 939;
1979, 266; 1985, 1096; 1987, 347; 1995, 2782; 1997, 3461; 2001, 2030
)
An error in the information included 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, 2025 )
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 vote on the ballot must not
be counted unless indicated by a cross in the designated square.
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, 2024 )
1. Whenever a candidate whose name appears upon the ballot at a
primary election dies after 5 p.m. of the second Tuesday in June, 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 election
receives the number of votes required to receive the nomination to the
office for which he was a candidate, except as otherwise provided in
subsection 3 of NRS 293.165 , he shall
be deemed nominated and there shall be a vacancy in the nomination that
must be filled as provided in NRS 293.165 or 293.166 .
If the deceased person was a candidate for a nonpartisan office, the
nomination must be filled pursuant to subsection 2 of NRS 293.165 .
3. Whenever a candidate whose name appears upon the ballot at a
general election dies after 5 p.m. on the first Tuesday after the primary
election, 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
thus created must be filled in the same manner as if the candidate had
died after taking office for that term.
(Added to NRS by 1963, 1382; A 1971, 445; 1987, 347; 1997, 3462;
2003, 1705 ; 2005, 1435 )
1. 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.
2. The tally lists must show the number of votes, other than
absentee votes and votes in a mailing precinct, which each candidate
received in each precinct at:
(a) A primary election held in an even-numbered year; or
(b) A general election.
(Added to NRS by 1960, 260; A 1979, 1304; 1995, 2627; 1997, 1608)
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 county clerk.
2. The other pollbooks, tally lists and election board register
must be returned to the county clerk.
(Added to NRS by 1960, 261; A 1961, 292; 1987, 348; 1989, 1788;
1995, 2782; 1997, 3462; 2001, 2951 )
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. When votes are cast on ballots which are mechanically or
electronically tabulated in accordance with the provisions of chapter
293B of NRS, the county clerk shall, as
soon as possible, post copies of the tabulated voting results in a
conspicuous place on the outside of the counting facility or courthouse.
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 county or other political subdivision 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 1960, 261; A 1969, 167; 1975, 1533; 1985, 1096;
1987, 348; 1997, 3463)
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 all the ballots
from each ballot box or container that holds absent ballots received
before that day and ascertain that each box or container has the required
number of ballots according to the county 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 1985, 1594; A 1987, 348; 1997, 3463; 2001, 2030
)
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 ascertain that
each box or container has the required number of ballots according to the
county clerk’s absent voters’ ballot record.
2. If any absent ballots are received by the county clerk on
election day pursuant to NRS 293.316 ,
the county 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 county 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 which 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 county clerks shall develop a procedure
to ensure that each ballot is kept secret.
5. Any person who disseminates to the public in any way
information pertaining to the count of absent ballots before the polls
close is guilty of a misdemeanor.
(Added to NRS by 1960, 263; A 1969, 820; 1971, 445; 1973, 244;
1985, 1596; 1987, 349; 1989, 1665; 1991, 2221; 1993, 2187; 1997, 3463;
2001, 2031 )
1. As soon as the returns from all the precincts and districts in
any county have been received by the board of county commissioners, the
board shall meet and canvass the returns. The canvass must be completed
on or before the fifth working day following the election.
2. In making its canvass, the board 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.
3. The county clerk shall, as soon as the result is declared,
enter upon the records of the board an abstract of the result, which must
contain the number of votes cast for each candidate. The board, after
making the abstract, shall cause the county clerk to certify the abstract
and, by an order made and entered in the minutes of its proceedings, to
make:
(a) A copy of the certified abstract; and
(b) A mechanized report of the abstract in compliance with
regulations adopted by the Secretary of State,
Ê and transmit them to the Secretary of State not more than 6 working
days after the election.
4. The Secretary of State shall, immediately after any primary
election, compile the returns for all candidates voted for in more than
one county. He shall make out and file in his office an abstract thereof,
and shall certify to the county clerk of each county the name of each
person nominated, and the name of the office for which he is nominated.
(Added to NRS by 1960, 261; A 1961, 292; 1963, 1374; 1967, 861;
1969, 786; 1971, 445, 1487; 1977, 245; 1987, 349, 1370; 1989, 1665; 1991,
1106; 1997, 3464; 1999, 3553 )
The Secretary of State, a board of county
commissioners, a county clerk and any other person who prepares an
abstract of votes pursuant to this chapter shall:
1. Transmit on paper or by electronic means to each public library
in the jurisdiction of that person or entity; or
2. Post on a website maintained by that person or entity on the
Internet or its successor, if any,
Ê a copy of each abstract that the person or entity prepares within 30
days after the abstract is prepared.
(Added to NRS by 2003, 2256 )
The Secretary of State, a board of county commissioners, a
county 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, 1389 )
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 board of county commissioners, be deposited in the
vaults of the county clerk. The records of voted ballots that are
maintained in electronic form must, after canvass of the votes by the
board of county commissioners, be sealed and deposited in the vaults of
the county clerk. The tally lists and pollbooks collected pursuant to NRS
293B.400 must, after canvass of the
votes by the board of county commissioners, be deposited in the vaults of
the county 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 the preservation period. A
notice of the destruction must be published by the clerk in at least one
newspaper of general circulation in the county not less than 2 weeks
before the destruction.
2. Unused ballots, enclosed and sealed, must, after canvass of the
votes by the board of county commissioners, be deposited in the vaults of
the county 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 board of
county commissioners are subject to the inspection of any elector who may
wish to examine them at any time after their deposit with the county
clerk.
4. A contestant of an election may inspect all of the material
regarding that election which is preserved pursuant to subsection 1 or 2,
except the voted ballots.
5. The voted ballots deposited with the county clerk are not
subject to the inspection of anyone, except in cases of contested
election, and then 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 such judge, body or board.
(Added to NRS by 1961, 297; A 1963, 1375; 1975, 940; 1981, 1740;
1989, 1788; 1993, 2187; 1995, 2783; 1999, 2159 ; 2001, 2952 ; 2003, 1651 )
1. On or before the fifth working day after any general election
or any other election at which votes are cast for any United States
Senator, Representative in Congress, member of the Legislature or any
state officer who is elected statewide, the board of county commissioners
shall open the returns of votes cast and make abstracts of the votes.
2. Abstracts of votes must be prepared in the manner prescribed by
the Secretary of State by regulation.
3. The county clerk shall make out a certificate of election to
each of the persons having the highest number of votes for the district,
county and township offices.
4. Each certificate must be delivered to the person elected upon
application at the office of the county clerk.
(Added to NRS by 1960, 262; A 1961, 292; 1963, 1375; 1965 Special
Session, 4; 1971, 1415; 1987, 350; 1989, 1666; 1997, 3464)
1. The board of county commissioners, after making the abstract of
votes as provided in NRS 293.393 , shall
cause the county clerk to certify the abstract and, by an order made and
entered in the minutes of its proceedings, to make:
(a) A copy of the certified abstract; and
(b) A mechanized report of that abstract in compliance with
regulations adopted by the Secretary of State,
Ê and forthwith transmit them to the Secretary of State.
2. On the fourth Tuesday of November after each general election,
the justices of the Supreme Court, or a majority thereof, shall meet with
the Secretary of State, and shall open and canvass the vote for the
number of presidential electors to which this State may be entitled,
United States Senator, Representative in Congress, members of the
Legislature, state officers who are elected statewide or by district,
district judges, or district officers whose districts include area in
more than one county and for and against any question submitted.
3. The Governor shall issue certificates of election to and
commission the persons having the highest number of votes and shall issue
proclamations declaring the election of those persons.
(Added to NRS by 1960, 262; A 1965 Special Session, 4; 1969, 65;
1971, 1415; 1987, 1371; 1989, 1666; 1991, 1106; 1997, 3465; 2003, 1706
)
A certificate of election or commission must not
be withheld from the person having the highest number of votes for the
office because of any contest of election filed in the election or any
defect or informality in the returns of any election, if it can be
ascertained with reasonable certainty from the returns what office is
intended and who is entitled to the certificate or commission.
(Added to NRS by 1960, 262; A 1961, 293; 1971, 450; 1995, 1660)
TIES, RECOUNTS AND CONTESTS
1. If, after the completion of the canvass of the returns of any
election, two or more persons receive an equal number of votes, which is
sufficient for the election of one or more but fewer than all of them to
the office, the person or persons elected must be determined as follows:
(a) In a general election for a United States Senator,
Representative in Congress, state officer who is elected statewide or by
district, district judge, or district officer whose district includes
area in more than one county, the Legislature shall, by joint vote of
both houses, elect one of those persons to fill the office.
(b) In a primary election for a United States Senator,
Representative in Congress, state officer who is elected statewide or by
district, district judge, or district officer whose district includes
area in more than one county, the Secretary of State shall summon the
candidates who have received the tie votes to appear before him at a time
and place designated by him and he shall determine the tie by lot. If the
tie vote is for the office of Secretary of State, the Governor shall
perform these duties.
(c) For any office of a county, township, incorporated city, city
organized under a special charter where the charter is silent as to
determination of a tie vote, or district which is wholly located within
one county, the county clerk shall summon the candidates who have
received the tie votes to appear before him at a time and place
designated by him and determine the tie by lot. If the tie vote is for
the office of county clerk, the board of county commissioners shall
perform these duties.
2. The summons mentioned in this section must be mailed to the
address of the candidate as it appears upon his declaration of candidacy
at least 5 days before the day fixed for the determination of the tie
vote and must contain the time and place where the determination will
take place.
3. The right to a recount extends to all candidates in case of a
tie.
(Added to NRS by 1960, 263; A 1965, 614; 1981, 1740; 1987, 1371;
1995, 2628)
1. A candidate defeated at any election may demand and receive a
recount of the vote for the office for which he is a candidate to
determine the number of votes received for the candidate and the number
of votes received for the person who won the election if within 3 working
days after the canvass of the vote and the certification by the county
clerk or city clerk of the abstract of votes the candidate who demands
the recount:
(a) Files in writing his demand with the officer with whom he filed
his declaration of candidacy or acceptance of candidacy; and
(b) Deposits in advance the estimated costs of the recount with
that officer.
2. Any voter at an election may demand and receive a recount of
the vote for a ballot question if within 3 working days after the canvass
of the vote and the certification by the county clerk or city clerk of
the abstract of votes:
(a) He files in writing his demand with:
(1) The Secretary of State, if the demand is for a recount
of a ballot question affecting more than one county; or
(2) The county or city clerk who will conduct the recount,
if the demand is for a recount of a ballot question affecting only one
county or city; and
(b) He deposits in advance the estimated costs of the recount with
the person to whom he made his demand.
3. The estimated costs of the recount must be determined by the
person with whom the advance is deposited based on regulations adopted by
the Secretary of State defining the term “costs.”
4. As used in this section, “canvass” means:
(a) In any primary election, the canvass by the board of county
commissioners of the returns for a candidate or ballot question voted for
in one county or the canvass by the board of county commissioners last
completing its canvass of the returns for a candidate or ballot question
voted for in more than one county.
(b) In any primary city election, the canvass by the city council
of the returns for a candidate or ballot question voted for in the city.
(c) In any general election:
(1) The canvass by the Supreme Court of the returns for a
candidate for a statewide office or a statewide ballot question; or
(2) The canvass of the board of county commissioners of the
returns for any other candidate or ballot question, as provided in
paragraph (a).
(d) In any general city election, the canvass by the city council
of the returns for a candidate or ballot question voted for in the city.
(Added to NRS by 1960, 263; A 1965, 1255; 1975, 940; 1977, 237;
1981, 1700; 1983, 1288; 1987, 350; 1989, 1591, 2167; 1991, 1107; 1995,
2628; 1997, 3465; 2001, 2031 )
1. Where a recount is demanded pursuant to the provisions of NRS
293.403 , the:
(a) County clerk of each county affected by the recount shall
employ a recount board to conduct the recount in the county, and shall
act as chairman of the recount board unless the recount is for the office
of county clerk, in which case the registrar of voters of the county, if
a registrar of voters has been appointed for the county, shall act as
chairman of the recount board. If a registrar of voters has not been
appointed for the county, the chairman of the board of county
commissioners, if he is not a candidate on the ballot, shall act as
chairman of the recount board. If the recount is for the office of county
clerk, a registrar of voters has not been appointed for the county and
the chairman of the board of county commissioners is a candidate on the
ballot, the chairman of the board of county commissioners shall appoint
another member of the board of county commissioners who is not a
candidate on the ballot to act as chairman of the recount board. A member
of the board of county commissioners who is a candidate on the ballot may
not serve as a member of the recount board.
(b) City clerk shall employ a recount board to conduct the recount
in the city, and shall act as chairman of the recount board unless the
recount is for the office of city clerk, in which case the mayor of the
city, if he is not a candidate on the ballot, shall act as chairman of
the recount board. If the recount is for the office of city clerk and the
mayor of the city is a candidate on the ballot, the mayor of the city
shall appoint another member of the city council who is not a candidate
on the ballot to act as chairman of the recount board. A member of the
city council who is a candidate on the ballot may not serve as a member
of the recount board.
2. Each candidate for the office affected by the recount and the
voter who demanded the recount, if any, may be present in person or by an
authorized representative, but may not be a member of the recount board.
3. Except in counties or cities using a mechanical voting system,
the recount must include a count and inspection of all ballots, including
rejected ballots, and must determine whether those ballots are marked as
required by law.
4. If a recount is demanded in a county or city using a mechanical
voting system, the person who demanded the recount shall select the
ballots for the office or ballot question affected from 5 percent of the
precincts, but in no case fewer than three precincts, after notification
to each candidate for the office or his authorized representative. The
recount board shall examine the selected ballots, including any duplicate
or rejected ballots, shall determine whether the ballots have been voted
in accordance with this title and shall count the valid ballots by hand.
In addition, a recount by computer must be made of all the selected
ballots. If the count by hand or the recount by computer of the selected
ballots shows a discrepancy equal to or greater than 1 percent or five
votes, whichever is greater, for the candidate demanding the recount or
the candidate who won the election according to the original canvass of
the returns, or in favor of or against a ballot question, according to
the original canvass of the returns, the county or city clerk shall order
a count by hand of all the ballots for that office or ballot question.
Otherwise, the county or city clerk shall order a recount by computer of
all the ballots for all candidates for the office or all the ballots for
the ballot question.
5. The county or city clerk shall unseal and give to the recount
board all ballots to be counted.
6. In the case of a demand for a recount affecting more than one
county, the demand must be made to the Secretary of State, who shall
notify the county clerks to proceed with the recount.
(Added to NRS by 1963, 1382; A 1975, 941; 1979, 267; 1985, 1097;
1987, 351; 1989, 1592; 1995, 2629; 1999, 2160 ; 2001, 2032 ; 2003, 1651 )
1. If the person who demanded the recount does not prevail, and it
is found that the sum deposited was less than the cost of the recount,
the person shall, upon demand, pay the deficiency to the county clerk,
city clerk or Secretary of State, as the case may be. If the sum
deposited is in excess of the cost, the excess must be refunded to him.
2. If the person who demanded the recount prevails, the sum
deposited with the Secretary of State, county clerk or city clerk must be
refunded to the person and the cost of the recount must be paid as
follows:
(a) If the recount concerns an office or ballot question for which
voting is not statewide, the cost must be borne by the county or city
which conducted the recount.
(b) If the recount concerns an office or ballot question for which
voting is statewide, the clerk of each county shall submit a statement of
its costs in the recount to the Secretary of State for review and
approval. The Secretary of State shall submit the statements to the State
Board of Examiners, which shall repay the allowable costs from the
Reserve for Statutory Contingency Account to the respective counties.
3. Each recount must be commenced within 5 days after demand, and
must be completed within 5 days after it is begun.
4. After the recount of a precinct is completed, that precinct
must not be subject to another recount for the same office or ballot
question at the same election.
(Added to NRS by 1960, 263; A 1965, 1255; 1977, 237; 1981, 1700;
1987, 351; 1989, 1592; 1991, 1761; 2003, 1706 )
1. A candidate at any election, or any registered voter of the
appropriate political subdivision, may contest the election of any
candidate, except for the office of United States Senator or
Representative in Congress.
2. Except where the contest involves the general election for the
office of Governor, Lieutenant Governor, Assemblyman, State Senator or
justice of the Supreme Court, a candidate or voter who wishes to contest
an election, including election to the office of presidential elector,
must, within the time prescribed in NRS 293.413 , file with the clerk of the district court a
written statement of contest, setting forth:
(a) The name of the contestant and that he is a registered voter of
the political subdivision in which the election to be contested or part
of it was held;
(b) The name of the defendant;
(c) The office to which the defendant was declared elected;
(d) The particular grounds of contest and the section of Nevada
Revised Statutes pursuant to which the statement is filed; and
(e) The date of the declaration of the result of the election and
the body or board which canvassed the returns thereof.
3. The contestant shall verify the statement of contest in the
manner provided for the verification of pleadings in civil actions.
4. All material regarding a contest filed by a contestant with the
clerk of the district court must be filed in triplicate.
(Added to NRS by 1960, 263; A 1965, 1230; 1981, 1741)
1. A statement of contest shall not be dismissed by any court for
want of form if the grounds of contest are alleged with sufficient
certainty to inform the defendant of the charges he is required to meet.
2. An election may be contested upon any of the following grounds:
(a) That the election board or any member thereof was guilty of
malfeasance.
(b) That a person who has been declared elected to an office was
not at the time of election eligible to that office.
(c) That illegal votes were cast and counted for the defendant,
which, if taken from him, will reduce the number of his legal votes below
the number necessary to elect him.
(d) That the election board, in conducting the election or in
canvassing the returns, made errors sufficient to change the result of
the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to give, to any person
a bribe for the purpose of procuring his election.
(f) That there was a possible malfunction of any voting or counting
device.
(Added to NRS by 1960, 264; A 1961, 293; 1971, 446; 1977, 246)
1. The statement of contest provided for in NRS 293.407 shall be filed with the clerk of the district
court no later than 5 days after a recount is completed, and no later
than 14 days after the election if no recount is demanded. The parties to
a contest shall be denominated contestant and defendant.
2. The court shall set the matter for hearing not less than 5 days
nor more than 10 days after the filing of the statement of contest.
Election contests shall take precedence over all regular business of the
court in order that results of elections shall be determined as soon as
practicable.
3. The court may refer the contest to a special master in the
manner provided by the Nevada Rules of Civil Procedure, and such special
master shall have all powers necessary for a proper determination of the
contest.
(Added to NRS by 1960, 264; A 1967, 850)
Any party to a contest may take the deposition of any
witness. The matter shall be tried and submitted so far as may be
possible upon depositions and written or oral argument as the court may
order.
(Added to NRS by 1960, 264)
1. If, in any contest, the court finds from the evidence that a
person other than the defendant received the greatest number of legal
votes, the court, as a part of the judgment, shall declare that person
elected or nominated.
2. The person declared nominated or elected by the court is
entitled to a certificate of nomination or election. If a certificate has
not been issued to him, the county clerk, city clerk or Secretary of
State shall execute and deliver to that person a certificate of election
or a certificate of nomination.
3. If a certificate of election or nomination to the same office
has been issued to any person other than the one declared elected by the
court, that certificate must be annulled by the judgment of the court.
4. Whenever an election is annulled or set aside by the court, and
the court does not declare some candidate elected, the certificate of
election or the commission, if any has been issued, is void and the
office is vacant.
(Added to NRS by 1960, 264; A 1987, 352)
1. If a contest proceeding is dismissed for insufficiency of the
statement of contest or for want of prosecution, or if the district court
confirms the election, judgment shall be rendered for costs in favor of
the defendant and against the contestant.
2. If an election is annulled or set aside for errors or
malfeasance of any election official in the conduct of the election or in
canvassing the returns, the costs shall be a charge against the state or
political subdivision in which the election was held.
3. When an election is annulled or set aside on any other ground,
judgment for costs shall be given in favor of the contestant and against
the defendant.
(Added to NRS by 1960, 265; A 1967, 850)
At the
hearing of any contest, the ballots may be opened and a recount made, in
the presence of the parties or their representatives, of the votes cast
for the various candidates for the contested office.
(Added to NRS by 1960, 265)
1. If the contest is of the general election for the office of
Assemblyman or Senator, a statement of contest, prepared as provided in
NRS 293.407 , and all depositions,
ballots and other documents relating to the contest must be filed with
the Secretary of State within the time provided for the filing of
statements of contests with the clerk of the district court. The parties
to such a contest shall be designated contestant and defendant.
2. On or before December 15 of the year immediately preceding a
regular legislative session:
(a) The contestant in a contest of a general election for the
office of Assemblyman or Senator may amend the statement of contest filed
pursuant to this section by filing an amended statement of contest and
any relevant depositions, ballots and other documents relating to the
contest with the Secretary of State; and
(b) Each party in a contest of a general election for the office of
Assemblyman or Senator shall provide the Secretary of State with a list
of the witnesses the party intends to present at the hearing of the
contest.
3. Each party in a contest of a general election for the office of
Assemblyman or Senator may:
(a) Before the hearing of the contest:
(1) Take the deposition of any witness in the manner
prescribed by rule of court for taking depositions in civil actions in
the district courts; and
(2) Investigate issues relating to the contest; and
(b) At the hearing of the contest, present any relevant depositions
and other evidence obtained as a result of such investigation at the
hearing of the contest, including, without limitation, evidence obtained
after the date for filing an amended statement of contest. If a party
obtains evidence after such date, the evidence may not be included in the
statement of contest or amended statement of contest.
(Added to NRS by 1960, 265; A 1967, 850; 1971, 450; 1977, 246;
1981, 1742; 1995, 1660; 2003, 1699 )
1. The Secretary of State shall deliver the statement of contest
filed pursuant to NRS 293.425 and all
other documents, including any amendments to the statement, to the
presiding officer of the appropriate house of the Legislature on the day
of the organization of the Legislature.
2. Until the contest has been decided, the candidate who received
the highest number of votes for the office in the contested election must
be seated as a member of the appropriate house.
3. If, before the contest has been decided, a contestant gives
written notice to the Secretary of State that he wishes to withdraw his
statement of contest, the Secretary of State shall dismiss the contest.
4. The contest, if not dismissed, must be heard and decided as
prescribed by the standing or special rules of the house in which the
contest is to be tried. If after hearing the contest, the house decides
to declare the contestant elected, the Governor shall execute a
certificate of election and deliver it to the contestant. The certificate
of election issued to the other candidate is thereafter void.
5. In a contest of a general election for the office of
Assemblyman or Senator, the house in which a contest was tried or was to
be tried shall determine the remedy, if any, to be awarded to a party to
such a contest. The remedy may include, without limitation, any costs
incurred by a party in connection with the contest.
(Added to NRS by 1960, 265; A 1971, 450; 1981, 1742; 1995, 1661;
2003, 1700 )
1. If the contest is of the general election for the office of
Governor, Lieutenant Governor or justice of the Supreme Court, the
statement of contest and all depositions, ballots and other documents
relating to the contest must be filed with the Secretary of State within
the time provided for filing statements of contests with the clerk of the
district court.
2. Until the contest is decided, the candidate who received the
highest number of votes for the office in the contested election must be
seated and commence the duties of his office.
3. The Secretary of State shall deliver the statement of contest
and all other papers and documents to the speaker of the assembly on the
day of the organization of the Legislature.
4. A joint session of both houses must be convened as soon
thereafter as the business of both houses permits, but not later than 10
days after receipt of statement of contest.
5. If, before the contest has been decided, a contestant gives
written notice to the Secretary of State that he wishes to withdraw his
statement of contest, the Secretary of State shall dismiss the contest.
(Added to NRS by 1960, 265; A 1961, 293; 1967, 850; 1977, 247;
1981, 1742; 1995, 1661)
1. The Senate and Assembly meeting in joint session shall proceed
to decide the contest.
2. The Speaker of the Assembly shall preside at such joint
session, and the session shall be conducted under the joint standing
rules or joint special rules adopted for the occasion.
3. The contest shall be decided by a majority vote of the elected
membership of both houses not later than 30 days after the contest
hearing is begun.
(Added to NRS by 1960, 266)
1. After both houses sitting in joint session have decided an
election contest, the Secretary of State shall execute and deliver a
certificate of election to the person declared elected, unless such a
certificate was already issued to him.
2. If a certificate of election to the same office has been issued
to any person other than the one declared to have been elected, that
certificate is void.
(Added to NRS by 1960, 266; A 1995, 1661)
ELECTION EXPENSES
1. The county or city clerk may designate any building, public or
otherwise, or any portion of a building, as the site for any polling
place or any number of polling places for any of the precincts or
districts in the county or city.
2. If, in the opinion of the county or city clerk, the convenience
and comfort of the voters and election officers will be best served by
putting two or more polling places in any such building, or if, in the
opinion of the county or city clerk, the expense to the county or city
for polling places can be diminished by putting two or more polling
places in any such building, he may so provide.
3. In precincts where there are no public buildings or other
appropriate locations owned by the State, county, township, city, town or
precinct, privately owned locations may be rented at a rate not to exceed
$35 for each election if only one precinct is involved and at a rate not
to exceed $50 for each election if more than one precinct is involved.
(Added to NRS by 1960, 266; A 1961, 293; 1975, 941; 1981, 908;
1987, 352)
1. Any person who desires a copy of any list of the persons who
are registered to vote in any precinct, district or county may obtain a
copy by applying at the office of the county clerk and paying therefor a
sum of money equal to 1 cent per name on the list, except that one copy
of each original and supplemental list for each precinct, district or
county must be provided to the state or county central committee of any
major political party or to the executive committee of any minor
political party upon request, without charge.
2. Except as otherwise provided in NRS 293.5002 and 293.558 , the copy of the list provided pursuant to
this section must indicate the address, date of birth, telephone number
and the serial number on each application to register to vote. If the
county maintains this information in a computer database, the date of the
most recent addition or revision to an entry, if made on or after July 1,
1989, must be included in the database and on any resulting list of the
information. The date must be expressed numerically in the order of
month, day and year.
3. A county may not pay more than 10 cents per folio or more than
$6 per thousand copies for printed lists for a precinct or district.
4. A county which has a system of computers capable of recording
information on magnetic tape or diskette shall, upon request of the state
or county central committee of any major political party or the executive
committee of any minor political party which has filed a certificate of
existence with the Secretary of State, record for that central committee
or executive committee on magnetic tape or diskette supplied by it:
(a) The list of persons who are registered to vote and the
information required in subsection 2; and
(b) Not more than four times per year, as requested by the central
committee or the executive committee:
(1) A complete list of the persons who are registered to
vote with a notation for the most recent entry of the date on which the
entry or the latest change in the information was made; or
(2) A list that includes additions and revisions made to the
list of persons who are registered to vote after a date specified by the
central committee or the executive committee.
5. If a political party does not provide its own magnetic tape or
diskette, or if a political party requests the list in any other form
that does not require printing, the county clerk may charge a fee to
cover the actual cost of providing the tape, diskette or list.
6. Any state or county central committee of a major political
party, any executive committee of a minor political party or any member
or representative of such a central committee or executive committee who
receives without charge a list of the persons who are registered to vote
in any precinct, district or county pursuant to this section shall not:
(a) Use the list for any purpose that is not related to an
election; or
(b) Sell the list for compensation or other valuable consideration.
(Added to NRS by 1960, 266; A 1967, 844; 1973, 895; 1975, 942;
1985, 1806; 1989, 228; 1991, 1353; 1993, 2188; 1995, 2268, 2783; 2003,
1707 ; 2005, 2288 )
1. As used in this section, “Act” means the Help America Vote Act
of 2002, Public Law 107-252.
2. The Election Fund is hereby created as a special revenue fund
in the State Treasury, to be administered by the Secretary of State. The
Secretary of State shall deposit all money received pursuant to the Act
and any state appropriation of matching money pursuant to the Act in the
Election Fund.
3. The interest and income earned on money in the Election Fund
must be credited to the Fund. Any balance of the money that was received
pursuant to the Act remaining in the Election Fund at the end of a fiscal
year does not revert and must be carried forward to the next fiscal year
and is continuously available to the Secretary of State for expenditure
consistent with this section.
4. The Secretary of State may:
(a) Only expend or disburse money in the Election Fund in
accordance with the provisions of the Act.
(b) Receive and disburse money in the Election Fund by electronic
transfer.
5. Claims against the Election Fund must be paid as other claims
against the State are paid.
(Added to NRS by 2003, 353 )
1. Except as otherwise provided in subsection 3, the expense of
providing all ballots, forms and other supplies to be used at any
election regulated by this chapter or chapter 293C of NRS and all expenses necessarily incurred in
the preparation for, or the conduct of, any such election is a charge
upon the municipality, county, district or State, as the case may be.
2. The county or city clerk may submit the printing of ballots for
competitive bidding.
3. If a political party or other entity requests more than 50
applications to register to vote by mail, the clerk may assess a charge,
not to exceed the cost of printing the applications, for each application
requested in excess of 50.
(Added to NRS by 1960, 266; A 1971, 446; 1987, 353; 1993, 2189;
1995, 1647; 1997, 3466)
The
board of county commissioners of each county or city council of each city
shall provide the appropriate county or city clerk with sufficient
assistants to enable him to perform properly the duties imposed upon him
by this chapter. Such expense is a charge upon the appropriate county or
city.
(Added to NRS by 1960, 267; A 1987, 353)
1. The election board officer who delivers the package containing
the election returns must be paid the amount expended by him in paying
the postage on the package, and 15 cents per mile for going to and 15
cents per mile for returning from the post office or the office of the
county or city clerk, in the same manner and out of the same fund as
other election expenses are paid.
2. No mileage may be paid unless the total distance necessarily
traveled in going and returning is greater than 2 miles.
(Added to NRS by 1963, 1382; A 1987, 353)
If it is necessary to employ a
messenger to convey any election returns to the Secretary of State, the
person performing such service shall receive as compensation mileage at
the rate of 15 cents per mile, one way only.
(Added to NRS by 1960, 267)
The compensation of voting board officers,
counting board officers, specially appointed deputy sheriffs, election
board officers and other employees must be fixed by county or city
ordinance, resolution or order.
(Added to NRS by 1960, 267; A 1961, 294; 1963, 1375; 1969, 1540;
1971, 446; 1973, 895; 1987, 353)
MISCELLANEOUS PROVISIONS
1. Each container used to transport official ballots pursuant to
NRS 293.304 , 293.325 , 293.3602 ,
293B.330 and 293B.335 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 1995, 2772; A 2001, 2033 )
1. Any registered voter may absent himself from his place of
employment at a time to be designated by the employer for a sufficient
time to vote, if it is impracticable for him to vote before or after his
hours of employment. A sufficient time to vote shall be determined as
follows:
(a) If the distance between the place of such voter’s employment
and the polling place where such person votes is 2 miles or less, 1 hour.
(b) If the distance is more than 2 miles but not more than 10
miles, 2 hours.
(c) If the distance is more than 10 miles, 3 hours.
2. Such voter may not, because of such absence, be discharged,
disciplined or penalized, nor shall any deduction be made from his usual
salary or wages by reason of such absence.
3. Application for leave of absence to vote shall be made to the
employer or person authorized to grant such leave prior to the day of the
election.
4. Any employer or person authorized to grant the leave of absence
provided for in subsection 1, who denies any registered voter any right
granted under this section, or who otherwise violates the provisions of
this section, is guilty of a misdemeanor.
(Added to NRS by 1960, 267)
1. If a court of competent jurisdiction orders a county to extend
the deadline for voting beyond the statutory deadline in a particular
election, the county clerk shall, as soon as practicable after he
receives notice of the court’s decision:
(a) Cause notice of the extended deadline to be published in a
newspaper of general circulation in the county; 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 county whose population is 45,000 or more, on at least 3
successive days.
(b) In a county whose population is less than 45,000, at least
twice in successive issues of the newspaper.
(Added to NRS by 1993, 2172; A 2001, 1974 )
If an
election is prevented in any precinct or district by reason of the loss
or destruction of the ballots intended for that precinct, 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 appropriate
board of county commissioners. Upon receipt of the affidavit and upon the
application of any candidate for any office to be voted for by the
registered voters of that precinct or district, the board of county
commissioners shall order a new election in that precinct or district.
(Added to NRS by 1960, 268; A 1987, 353; 1999, 264 )
Not later than 5 working
days after the request of an elderly or disabled person, the Secretary of
State shall provide to the person, in a format that can be used by the
person, any requested material that is:
1. Related to elections; and
2. Made available by the Secretary of State to the public in
printed form.
(Added to NRS by 2001, 1433 )
1. The Secretary of State shall:
(a) Provide information regarding voter registration and absentee
voting by Armed Forces personnel and overseas voters;
(b) Within 90 days after the date of each general election and
general city election in which electors voted for federal offices, submit
to the Election Assistance Commission established pursuant to 42 U.S.C. §
15321 a report of the combined number of absentee ballots transmitted to
absent Armed Forces personnel and overseas voters for the election and
the combined number of such ballots that were returned by such voters and
cast in the election;
(c) Make each report submitted pursuant to paragraph (b) available
to the public; and
(d) Adopt any regulations which are necessary to comply with the
provisions of the Help America Vote Act of 2002, Public Law 107-252, and
which are not inconsistent with the provisions of this chapter to the
extent the provisions of this chapter are consistent with the Help
America Vote Act of 2002, Public Law 107-252.
2. Each county and city clerk shall provide such information as is
requested by the Secretary of State to comply with the provisions of this
section.
(Added to NRS by 2003, 2173 )
1. The Secretary of State shall maintain a website on the Internet
for public information maintained, collected or compiled by the Secretary
of State that relates to elections, which must include, without
limitation:
(a) The Voters’ Bill of Rights required to be posted on his
Internet website pursuant to the provisions of NRS 293.2549 ;
(b) The abstract of votes required to be posted on a website
pursuant to the provisions of NRS 293.388 ; and
(c) All reports on campaign contributions and expenditures
submitted to the Secretary of State pursuant to the provisions of NRS
294A.120 , 294A.125 , 294A.140 , 294A.150 , 294A.200 , 294A.210 , 294A.220 , 294A.270 , 294A.280 , 294A.360 and 294A.362 .
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 the Secretary
of State pursuant to subsection 1 may be obtained by the public from a
website on the Internet maintained by a county clerk or city clerk, the
Secretary of State 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, 2283 )
1. If a county clerk maintains a website on the Internet for
information related to elections, the website must contain public
information maintained, collected or compiled by the county 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 format 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 pursuant to the provisions of
NRS 293.388 .
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 county clerk
pursuant to subsection 1 may be obtained by the public from a website on
the Internet maintained by the Secretary of State, another county clerk
or a city clerk, the county 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, 2284 )
Each county clerk is encouraged to:
1. Not later than the earlier date of the notice provided pursuant
to NRS 293.203 or the first notice
provided pursuant to subsection 3 of NRS 293.560 , notify the public, through means designed to
reach members of the public who are elderly or disabled, of the
provisions of NRS 293.2955 , 293.296
, 293.313 , subsection 1 of NRS 293.315 , NRS 293.316
and 293.3165 .
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 county clerk to the public in printed
form.
(Added to NRS by 2001, 1433 ; A 2003, 1652 )
Any person who engages in the business
of receiving and distributing mail for customers shall provide the county
clerk of the county in which the business is located with the street
address of the business.
(Added to NRS by 1993, 2173)
Until the time for contest of election has
expired, the ballots returned to the county or city clerk may not be
inspected by any person, except in cases of recount or election contest,
and then only by the judge, special master, board or legislative body
before whom the election is being contested or who is conducting the
recount.
(Added to NRS by 1960, 270; A 1961, 294; 1971, 447; 1977, 247;
1987, 354)
1. Except as otherwise provided in subsection 2 or NRS 295.121
or 295.217 , every governing body of a political
subdivision, public or quasi-public corporation, or other local agency
authorized by law to submit questions to the qualified electors or
registered voters of a designated territory, when the governing body
decides to submit a question:
(a) At a general election, shall provide to each county clerk
within the designated territory on or before the third Monday in July
preceding the election:
(1) A copy of the question, including an explanation of the
question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a
bond, tax, fee or expense, a fiscal note prepared by the governing body
in accordance with subsection 4 of NRS 293.482 .
(b) At a primary election, shall provide to each county clerk
within the designated territory on or before the second Friday after the
first Monday in May preceding the election:
(1) A copy of the question, including an explanation of the
question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a
bond, tax, fee or expense, a fiscal note prepared by the governing body
in accordance with subsection 4 of NRS 293.482 .
(c) At any election other than a primary or general election at
which the county clerk gives notice of the election or otherwise performs
duties in connection therewith other than the registration of electors
and the making of records of registered voters available for the
election, shall provide to each county clerk at least 60 days before the
election:
(1) A copy of the question, including an explanation of the
question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a
bond, tax, fee or expense, a fiscal note prepared by the governing body
in accordance with subsection 4 of NRS 293.482 .
(d) At any city election at which the city clerk gives notice of
the election or otherwise performs duties in connection therewith, shall
provide to the city clerk at least 60 days before the election:
(1) A copy of the question, including an explanation of the
question;
(2) Arguments for and against the question; and
(3) If the question is an advisory question that proposes a
bond, tax, fee or expense, a fiscal note prepared by the governing body
in accordance with subsection 4 of NRS 293.482 .
2. A question may be submitted after the dates specified in
subsection 1 if the question is expressly privileged or required to be
submitted pursuant to the provisions of Article 19 of the Constitution of
the State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any other statute except NRS 293.482
, 354.59817 , 354.5982 , 387.3285 or 387.3287 or any statute that authorizes the governing body to issue
bonds upon the approval of the voters.
3. A county or city clerk may charge any political subdivision,
public or quasi-public corporation, or other local agency which submits a
question a reasonable fee sufficient to pay for the increased costs
incurred in including the question, explanation, arguments and fiscal
note on the ballot.
(Added to NRS by 1969, 895; A 1971, 91; 1983, 1119; 1987, 354, 695;
1989, 1730; 1993, 2189; 1997, 762, 2784; 1999, 2116 ; 2001, 603 ; 2003, 1653 , 3193 )
The county clerk, city clerk or other person
responsible for preparing the ballot shall transmit any question that
will be presented to the voters to the Secretary of State as soon as
practicable after determining that the question will be placed on the
ballot.
(Added to NRS by 1993, 2665)
1. The governing body of a county or city may, at any general
election or general city election, ask the advice of the registered
voters within its jurisdiction on any question which it has under
consideration. No other political subdivision, public or quasi-public
corporation, or other local agency may ask the advice of the registered
voters within its jurisdiction on any question which it has under
consideration.
2. To place an advisory question on the ballot at a general
election or general city election, the governing body of a county or city
must:
(a) Adopt a resolution that:
(1) Sets forth:
(I) The question, in language indicating clearly that
the question is advisory only;
(II) An explanation of the question;
(III) Except as otherwise provided in NRS 295.121
and 295.217 , arguments for and against the question; and
(IV) If the question is an advisory question that
proposes a bond, tax, fee or expense, a fiscal note prepared by the
governing body in accordance with subsection 4; and
(2) States that the result of the voting on the question
does not place any legal requirement on the governing body, any member of
the governing body or any officer of the political subdivision; and
(b) Comply with the requirements of paragraph (a) or (d) of
subsection 1 of NRS 293.481 .
3. A governing body may, at any general election, ask the advice
of the registered voters of part of its territory if:
(a) The advisory question to be submitted affects only that part of
its territory; and
(b) The resolution adopted pursuant to subsection 2 sets forth the
boundaries of the area in which the advice of the registered voters will
be asked.
4. With respect to a fiscal note that is required in connection
with an advisory question:
(a) If, in the advisory question, the governing body seeks advice
on whether bonds should be issued, the fiscal note must include any
information that is required by law to be included on the sample ballot
pursuant to the provisions of law that govern the procedure for issuance
of the applicable type of bond.
(b) If, in the advisory question, the governing body seeks advice
on whether a limitation upon revenue from taxes ad valorem should be
exceeded, the fiscal note must include any information that is required
by law to be included on the sample ballot pursuant to the provisions of
law that govern the procedure for exceeding that limitation.
(c) If, in the advisory question, the governing body seeks advice
on whether a tax other than a property tax described in paragraph (b)
should be levied, the fiscal note must:
(1) Identify the average annual cost that is expected to be
incurred by the affected taxpayers if the tax were to be levied;
(2) Specify the period over which the tax is proposed to be
levied;
(3) Disclose whether, in connection with the levy of the
tax, revenue bonds are to be sold which will be backed by the full faith
and credit of the assessed value of the applicable local government; and
(4) If applicable, specify whether, in connection with or
following the levy of the tax, additional expenses are expected to be
incurred to pay for the operation or maintenance of any program or
service to be provided from the proceeds of the tax or to pay for the
operation or maintenance of any building, equipment, facility, machinery,
property, structure, vehicle or other thing of value to be purchased,
improved or repaired with the proceeds of the tax.
(d) If, in the advisory question, the governing body seeks advice
on whether a fee should be imposed, the fiscal note must:
(1) Identify the average annual cost that is expected to be
incurred by the affected users if the fee were to be imposed;
(2) Specify the period over which the fee is proposed to be
imposed; and
(3) If applicable, specify whether, in connection with or
following the imposition of the fee, additional expenses are expected to
be incurred to pay for the program or service to be provided from the
proceeds of the fee or to pay for the operation or maintenance of any
building, equipment, facility, machinery, property, structure, vehicle or
other thing of value to be purchased, improved or repaired with the
proceeds of the fee.
(e) If, in the advisory question, the governing body seeks advice
on whether the applicable local government should incur an expense, the
fiscal note must:
(1) Identify the source of revenue that will be used to pay
the expense;
(2) Disclose whether it is expected that the incurring of
the expense will require the levy or imposition of a new tax or fee or
the increase of an existing tax or fee; and
(3) If a tax or fee is proposed to be levied or imposed or
increased to pay the expense, contain the information required pursuant
to paragraph (c) or (d), as applicable.
5. On the sample ballot for the general election or general city
election, each advisory question must appear:
(a) With a title in substantially the following form: “Advisory
Ballot Question No. ....”; and
(b) With its explanation, arguments and, if required, fiscal note.
6. The Committee on Local Government Finance shall prepare sample
advisory ballot questions to demonstrate, for each situation enumerated
in paragraphs (a) to (e), inclusive, of subsection 4, examples of the
manner in which fiscal notes should be prepared.
(Added to NRS by 1979, 701; A 1987, 354; 1993, 2190; 1999, 2117
; 2003, 3195 )
REGISTRATION OF VOTERS; REGISTRARS
1. Every citizen of the United States, 18 years of age or over,
who has continuously resided in this State and in the county 30 days and
in the precinct 10 days next preceding the day of the next succeeding:
(a) Primary election;
(b) Primary city election;
(c) General election; or
(d) General city election,
Ê and who has registered in the manner provided in this chapter, is
entitled to vote at that election.
2. This section does not exclude the registration of eligible
persons whose 18th birthday or the date of whose completion of the
required residence occurs on or before the next succeeding:
(a) Primary election;
(b) Primary city election;
(c) General election;
(d) General city election; or
(e) Any other election.
(Added to NRS by 1960, 271; A 1961, 295; 1967, 851; 1971, 1267;
1973, 27; 1987, 355; 1995, 2630)
1. Except as otherwise provided in subsection 2, for the purposes
of registering to vote, the address at which the voter actually resides
is the street address assigned to the location at which the voter
actually resides.
2. For the purposes of registering to vote, if the voter does not
reside at a location that has been assigned a street address, the address
at which the voter actually resides is a description of the location at
which the voter actually resides. The description must identify the
location with sufficient specificity to allow the county clerk to assign
the location to a precinct.
3. The provisions of this section do not authorize a person to
register to vote if he is not otherwise eligible to register to vote.
(Added to NRS by 2001, 2946 )
No person may gain
or lose residence by reason of his presence or absence while employed in
the military, naval or civil service of the United States or of the State
of Nevada, or while engaged in the navigation of the waters of the United
States or of the high seas, or while a student at any seminary or other
institution of learning, or while an inmate of any public institution.
(Added to NRS by 1960, 272)
Any registered voter removing from one county to another in
the State, or from one precinct to another within the same county, after
the close of registration for any election shall be deemed to retain his
residence in the county or precinct removed from for the purposes of that
election.
(Added to NRS by 1960, 272; A 1967, 851; 1977, 471)
If a person removes to another state,
territory or foreign country, with the intention of establishing his
domicile there, he thereby loses his residence in this State.
(Added to NRS by 1960, 272)
If a
person having a fixed and permanent home in this State breaks up such
home and removes to another state, territory or foreign country, the
intent to abandon his residence in this State shall be presumed, and the
burden shall be upon him to prove the contrary. The same rule shall apply
when a person removes from one county to another within the State, or
from one precinct to another within the county.
(Added to NRS by 1960, 272)
If a person has a family
residing in one place and he does business in another, the former is his
residence, unless his family is located there only temporarily, but if
his family resides without the State and he is permanently residing
within the State, with no intention of removing therefrom, he shall be
deemed a resident for election purposes.
(Added to NRS by 1960, 272; A 1979, 338)
Except as otherwise
provided in NRS 293.487 , if a person
removes to another state, territory or foreign country, with the
intention of residing there for an indefinite time, he thereby loses his
residence in this State for election purposes, notwithstanding that he
may intend to return at some uncertain future date. An occasional return
to the place of his former residence in this State, regardless of the
reason, is not sufficient to preserve his residence.
(Added to NRS by 1960, 272; A 1973, 870; 1989, 2168)
1. The Secretary of State shall establish procedures to allow a
person for whom a fictitious address has been issued pursuant to NRS
217.462 to 217.471 , inclusive, to:
(a) Register to vote; and
(b) Vote by absent ballot,
Ê without revealing the confidential address of the person.
2. In addition to establishing appropriate procedures or
developing forms pursuant to subsection 1, the Secretary of State shall
develop a form to allow a person for whom a fictitious address has been
issued to register to vote or to change the address of his current
registration. The form must include:
(a) A section that contains the confidential address of the person;
and
(b) A section that contains the fictitious address of the person.
3. Upon receiving a completed form from a person for whom a
fictitious address has been issued, the Secretary of State shall:
(a) On the portion of the form that contains the fictitious address
of the person, indicate the county and precinct in which the person will
vote and forward this portion of the form to the appropriate county
clerk; and
(b) File the portion of the form that contains the confidential
address.
4. Notwithstanding any other provision of law, any request
received by the Secretary of State pursuant to subsection 3 shall be
deemed a request for a permanent absent ballot.
5. Notwithstanding any other provision of law:
(a) The Secretary of State and each county clerk shall keep the
portion of the form developed pursuant to subsection 2 that he retains
separate from other applications for registration.
(b) The county clerk shall not make the name, confidential address
or fictitious address of the person who has been issued a fictitious
address available for:
(1) Inspection or copying; or
(2) Inclusion in any list that is made available for public
inspection,
Ê unless he is directed to do so by lawful order of a court of competent
jurisdiction.
(Added to NRS by 1997, 1331; A 2001, 695 )
Notwithstanding any other provisions of this
title:
1. Any elector of this State who resides outside this State may
use the form provided by the Federal Government pursuant to the
provisions of the Uniformed and Overseas Citizens Absentee Voting Act of
1986, 42 U.S.C. § 1973, to register to vote in this State.
2. The county clerk shall not register a voter who submits the
form from any location within this State.
3. If an elector registers to vote pursuant to the provisions of
subsection 1, he shall be deemed to be registered as of the date that the
form or the envelope containing the form is postmarked.
(Added to NRS by 1987, 2048; A 1989, 2168; 1993, 2190; 1995, 2269)
1. An elector who:
(a) Complies with the requirements for registration set forth in
the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973;
(b) Is discharged from the Armed Forces of the United States not
more than 60 days before an election;
(c) Presents evidence of his discharge to the county clerk; and
(d) Is not registered to vote at the close of registration for that
election,
Ê must be allowed to register to vote in the election.
2. Such an elector must:
(a) Register in person; and
(b) Vote in the office of the county clerk unless he is otherwise
entitled to vote an absent ballot pursuant to federal law.
3. The Secretary of State shall adopt regulations to carry out a
program of registration for such electors.
(Added to NRS by 1993, 2168)
1. The county clerk of each county where a registrar of voters has
not been appointed pursuant to NRS 244.164 :
(a) Is ex officio county registrar and registrar for all precincts
within the county.
(b) Shall have the custody of all books, documents and papers
pertaining to registration provided for in this chapter.
2. All books, documents and papers pertaining to registration are
official records of the office of the county clerk.
3. The county clerk shall maintain records of any program or
activity that is conducted within the county to ensure the accuracy and
currency of the registrar of voters’ register for not less than 2 years
after creation. The records must include the names and addresses of any
person to whom a notice is mailed pursuant to NRS 293.5235 , 293.530 ,
or 293.535 and whether the person
responded to the notice.
4. Any program or activity that is conducted within the county for
the purpose of removing the name of each person who is ineligible to vote
in the county from the registrar of voters’ register must be complete not
later than 90 days before the next primary or general election.
5. Except as otherwise provided by subsection 6, all records
maintained by the county clerk pursuant to subsection 3 must be available
for public inspection.
6. Any information relating to where a person registers to vote
must remain confidential and is not available for public inspection. Such
information may only be used by an election officer for purposes related
to voter registration.
(Added to NRS by 1960, 272; A 1971, 447; 1995, 2269)
1. The county clerk may designate any building owned or leased by
the county, or any portion of such a building, as a county facility at
which electors may register to vote.
2. A county facility designated pursuant to subsection 1 must be
operated as an auxiliary county facility at which voter registration is
carried out in addition to being carried out at the office of the county
clerk.
3. If the county clerk designates a county facility pursuant to
subsection 1, the county 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, 311 )
1. The following offices shall serve as voter registration
agencies:
(a) Such offices that provide public assistance as are designated
by the Secretary of State;
(b) Each office that receives money from the State of Nevada to
provide services to persons in this State who are disabled;
(c) The offices of the Department of Motor Vehicles;
(d) The offices of the city and county clerks;
(e) Such other county and municipal facilities as a county clerk or
city clerk may designate pursuant to NRS 293.5035 or 293C.520 , as applicable; and
(f) Such other offices as the Secretary of State deems appropriate.
2. Each voter registration agency shall:
(a) Post in a conspicuous place, in at least 12-point type,
instructions for registering to vote;
(b) Make applications to register to vote which may be returned by
mail available to each person who applies for or receives services or
assistance from the agency;
(c) Provide the same amount of assistance to an applicant in
completing an application to register to vote as the agency provides to a
person completing any other forms for the agency; and
(d) Accept completed applications to register to vote.
3. Except as otherwise provided in this subsection and NRS 293.524
, any application to register to vote
accepted by a voter registration agency must be transmitted to the county
clerk not later than 10 days after the application is accepted. The
applications must be forwarded daily during the 2 weeks immediately
preceding the fifth Sunday preceding an election. The county clerk shall
accept any application to register to vote which is obtained from a voter
registration agency pursuant to this section and completed by the fifth
Sunday preceding an election if he receives the application not later
than 5 days after that date.
4. The Secretary of State shall cooperate with the Secretary of
Defense to develop and carry out procedures to enable persons in this
State to apply to register to vote at recruitment offices of the United
States Armed Forces.
(Added to NRS by 1995, 2256; A 1999, 3592 ; 2001, 1435 , 2595 ; 2003, 1718 , 2177 ; 2005, 311 )
1. A person who works in a voter registration agency shall not:
(a) Seek to influence an applicant’s political preference or party
registration;
(b) Display a political preference or party allegiance in a place
where it can be seen by an applicant;
(c) Make any statement or take any action to discourage an
applicant from registering to vote; or
(d) Make any statement or take any action which would lead the
applicant to believe that a decision to register to vote has any effect
on the availability of any services or benefits provided by the State or
Federal Government.
2. A person who violates any of the provisions of this section is
guilty of a category E felony and shall be punished as provided in NRS
193.130 .
(Added to NRS by 1995, 2256; A 1997, 231, 608)
1. All justices of the peace, except those located in county
seats, are ex officio field registrars to carry out the provisions of
this chapter.
2. The county clerk shall appoint at least one registered voter to
serve as a field registrar of voters who, except as otherwise provided in
NRS 293.5055 , shall register voters
within the county for which he is appointed. Except as otherwise provided
in subsection 1, a candidate for any office may not be appointed or serve
as a field registrar. A field registrar serves at the pleasure of the
county clerk and shall perform his duties as the county clerk may direct.
3. A field registrar shall demand of any person who applies for
registration all information required by the application to register to
vote and shall administer all oaths required by this chapter.
4. When a field registrar has in his possession five or more
completed applications to register to vote, he shall forward them to the
county clerk, but in no case may he hold any number of them for more than
10 days.
5. Each field registrar shall forward to the county clerk all
completed applications in his possession immediately after the fifth
Sunday preceding an election. Within 5 days after the fifth Sunday
preceding any general election or general city election, a field
registrar shall return all unused applications in his possession to the
county clerk. If all of the unused applications are not returned to the
county clerk, the field registrar shall account for the unreturned
applications.
6. Each field registrar shall submit to the county clerk a list of
the serial numbers of the completed applications to register to vote and
the names of the electors on those applications. The serial numbers must
be listed in numerical order.
7. Each field registrar shall post notices sent to him by the
county clerk for posting in accordance with the election laws of this
State.
8. A field registrar, employee of a voter registration agency or
person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:
(a) Delegate any of his duties to another person; or
(b) Refuse to register a person on account of that person’s
political party affiliation.
9. A person shall not hold himself out to be or attempt to
exercise the duties of a field registrar unless he has been so appointed.
10. A county clerk, field registrar, employee of a voter
registration agency or person assisting a voter pursuant to subsection 13
of NRS 293.5235 shall not:
(a) Solicit a vote for or against a particular question or
candidate;
(b) Speak to a voter on the subject of marking his ballot for or
against a particular question or candidate; or
(c) Distribute any petition or other material concerning a
candidate or question which will be on the ballot for the ensuing
election,
Ê while he is registering an elector.
11. When the county clerk receives applications to register to
vote from a field registrar, he shall issue a receipt to the field
registrar. The receipt must include:
(a) The number of persons registered; and
(b) The political party of the persons registered.
12. A county clerk, field registrar, employee of a voter
registration agency or person assisting a voter pursuant to subsection 13
of NRS 293.5235 shall not:
(a) Knowingly register a person who is not a qualified elector or a
person who has filed a false or misleading application to register to
vote; or
(b) Register a person who fails to provide satisfactory proof of
identification and the address at which he actually resides.
13. A county clerk, field registrar, employee of a voter
registration agency, person assisting a voter pursuant to subsection 13
of NRS 293.5235 or any other person
providing a form for the application to register to vote to an elector
for the purpose of registering to vote:
(a) If the person who assists an elector with completing the form
for the application to register to vote retains the form, shall enter his
name on the duplicate copy or receipt retained by the voter upon
completion of the form; and
(b) Shall not alter, deface or destroy an application to register
to vote that has been signed by an elector except to correct information
contained in the application after receiving notice from the elector that
a change in or addition to the information is required.
14. If a field registrar violates any of the provisions of this
section, the county clerk shall immediately suspend the field registrar
and notify the district attorney of the county in which the violation
occurred.
15. A person who violates any of the provisions of subsection 8,
9, 10, 12 or 13 is guilty of a category E felony and shall be punished as
provided in NRS 193.130 .
(Added to NRS by 1960, 272; A 1975, 942; 1981, 1701; 1985, 561;
1987, 355, 696, 1372, 1617; 1991, 2222; 1993, 2190; 1995, 680, 1266,
2269; 1997, 232, 608, 762, 774; 2003, 1719 , 2178 ; 2005, 1435 )
A county clerk or field registrar may register, outside the boundaries of
the county, any voter who is a resident of that county.
(Added to NRS by 1987, 1617; A 1993, 2191)
A person who does not maintain a residence
in this State may register to vote for the office of President and Vice
President of the United States if he files a sworn statement with the
county clerk or field registrar of voters that he is not registered to
vote in any other state and provides evidence:
1. Of his domicile in this State in accordance with the provisions
of NRS 41.191 ;
2. That he maintains an account at a financial institution located
in this State; or
3. That his motor vehicle is registered in this State.
(Added to NRS by 1993, 2169; A 1995, 680)
A county clerk
may, with approval of the board of county commissioners, establish a
system for using a computer to register voters and to keep records of
registration. The county clerk may, for that purpose, issue to a voter a
card, bearing the signature of the voter, attesting to his registration.
(Added to NRS by 1985, 558)
1. The Secretary of State shall prescribe:
(a) A standard form for applications to register to vote; and
(b) A special form for registration to be used in a county where
registrations are performed and records of registration are kept by
computer.
2. The county clerks shall provide forms for applications to
register to vote to field registrars in the form and number prescribed by
the Secretary of State.
3. Each form for an application to register to vote must include a:
(a) Unique control number assigned by the Secretary of State; and
(b) Receipt which:
(1) Includes a space for a person assisting a voter in
completing the form to enter his name; and
(2) May be retained by the applicant upon completion of the
form.
4. The form for an application to register to vote must include:
(a) A line for use by the county clerk to enter:
(1) The number indicated on the voter’s current and valid
driver’s license issued by the Department of Motor Vehicles, if the voter
has such a driver’s license;
(2) The last four digits of the voter’s social security
number, if the voter does not have a driver’s license issued by the
Department of Motor Vehicles and does have a social security number; or
(3) The number issued to the voter pursuant to subsection 5,
if the voter does not have a current and valid driver’s license issued by
the Department of Motor Vehicles or a social security number.
(b) A line on which to enter the address at which the voter
actually resides, as set forth in NRS 293.486 .
(c) A notice that the voter may not list a business as the address
required pursuant to paragraph (b) unless he actually resides there.
(d) A line on which to enter an address at which the voter may
receive mail, including, without limitation, a post office box or general
delivery.
5. If a voter does not have the identification set forth in
subparagraph (1) or (2) of paragraph (a) of subsection 4, the voter shall
sign an affidavit stating that he does not have a current and valid
driver’s license issued by the Department of Motor Vehicles or a social
security number. Upon receipt of the affidavit, the county clerk shall
issue an identification number to the voter which must be the same number
as the unique identifier assigned to the voter for purposes of the
statewide voter registration list.
6. The Secretary of State shall adopt regulations to carry out the
provisions of subsections 3, 4 and 5.
(Added to NRS by 1960, 273; A 1975, 942; 1985, 561; 1993, 2191;
1995, 2271; 1999, 947 ; 2001, 2596 , 2952 ; 2003, 2179 ; 2005, 1437 )
The Secretary of State
shall include on all forms for an application to register to vote
prescribed by him the following option, printed in a separate box created
by bold lines, in at least 14-point bold type:
[ ] CHECK THIS BOX TO RECEIVE A SAMPLE BALLOT IN LARGER TYPE
(Added to NRS by 2001, 2001 )
1. A county clerk may provide the form for the application to
register to vote prescribed by the Secretary of State pursuant to NRS
293.507 to a candidate, major political
party, minor political party or any other person submitting a request
pursuant to subsection 2.
2. A candidate, major political party, minor political party or
other person shall:
(a) Submit a request for forms for the application to register to
vote to the county clerk in person, by telephone, in writing or by
facsimile machine; and
(b) State the number of forms for the application to register to
vote that the candidate, major political party, minor political party or
other person is requesting.
3. The county clerk may record the control numbers assigned to the
forms by the Secretary of State pursuant to NRS 293.507 of the forms he provided in response to the
request. The county clerk shall maintain a request for multiple
applications with his records.
(Added to NRS by 2005, 1431 )
1. In counties where computers are not used to register voters,
the county clerk shall:
(a) Segregate original applications to register to vote according
to the precinct in which the registered voters reside and arrange the
applications in each precinct or district in alphabetical order. The
applications for each precinct or district must be kept in a separate
binder which is marked with the number of the precinct or district. This
binder constitutes the election board register.
(b) Arrange the duplicate applications of registration in
alphabetical order for the entire county and keep them in binders or a
suitable file which constitutes the registrar of voters’ register.
2. In any county where a computer is used to register voters, the
county clerk shall:
(a) Arrange the original applications to register to vote for the
entire county in a manner in which an original application may be quickly
located. These original applications constitute the registrar of voters’
register.
(b) Segregate the applications to register to vote in a computer
file according to the precinct or district in which the registered voters
reside, and for each precinct or district have printed a computer listing
which contains the applications to register to vote in alphabetical
order. These listings of applications to register to vote must be placed
in separate binders which are marked with the number of the precinct or
district. These binders constitute the election board registers.
(Added to NRS by 1960, 273; A 1985, 562; 1995, 2271; 2001, 2953
)
If a registrar of voters’
register or an election board register is kept by computer, the register
must include all the information contained in the original applications
to register to vote.
(Added to NRS by 1993, 2169; A 1995, 2263; 2001, 2948 )—(Substituted in revision for NRS 293.251)
If at any time the
registrar of voters’ register is closed for one election, but open for
some other election, any elector must be permitted to register for the
other election, but the county clerk shall retain the elector’s
application to register to vote in a separate file until the registrar of
voters’ register is again open for filing of applications at which time
all applications in the temporary file must be placed in their proper
position in the registrar of voters’ register.
(Added to NRS by 1960, 273; A 1973, 350; 1995, 2272)
1. Any elector residing within the county may register:
(a) Except as otherwise provided in NRS 293.560 and 293C.527 , by appearing before the county clerk, a
field registrar or a voter registration agency, completing the
application to register to vote, giving true and satisfactory answers to
all questions relevant to his identity and right to vote, and providing
proof of his residence and identity;
(b) By completing and mailing or personally delivering to the
county clerk an application to register to vote pursuant to the
provisions of NRS 293.5235 ;
(c) Pursuant to the provisions of NRS 293.501 or 293.524 ;
or
(d) At his residence with the assistance of a field registrar
pursuant to NRS 293.5237 .
Ê The county clerk shall require a person to submit official
identification as proof of residence and identity, such as a driver’s
license or other official document, before registering him. If the
applicant registers to vote pursuant to this subsection and fails to
provide proof of his residence and identity, the applicant must provide
proof of his residence and identity before casting a ballot in person or
by mail or after casting a provisional ballot pursuant to NRS 293.3081
or 293.3083 .
2. The application to register to vote must be signed and verified
under penalty of perjury by the elector registering.
3. Each elector who is or has been married must be registered
under his own given or first name, and not under the given or first name
or initials of his spouse.
4. An elector who is registered and changes his name must complete
a new application to register to vote. He may obtain a new application:
(a) At the office of the county clerk or field registrar;
(b) By submitting an application to register to vote pursuant to
the provisions of NRS 293.5235 ;
(c) By submitting a written statement to the county clerk
requesting the county clerk to mail an application to register to vote; or
(d) At any voter registration agency.
Ê If the elector fails to register under his new name, he may be
challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of
identity and subsequent change of name.
5. An elector who registers to vote pursuant to paragraph (a) of
subsection 1 shall be deemed to be registered upon the completion of his
application to register to vote.
6. After the county clerk determines that the application to
register to vote of a person is complete and that the person is eligible
to vote, he shall issue a voter registration card to the voter which
contains:
(a) The name, address, political affiliation and precinct number of
the voter;
(b) The date of issuance; and
(c) The signature of the county clerk.
(Added to NRS by 1960, 274; A 1983, 1289; 1985, 562; 1989, 2168;
1991, 1684; 1993, 2192; 1995, 2272; 1997, 764, 3466; 2003, 1720 , 2180 )
1. At the time an elector registers to vote he must indicate:
(a) His political party affiliation; or
(b) That he is not affiliated with a political party.
Ê An elector who indicates that he is “independent” shall be deemed not
affiliated with a political party.
2. If an elector indicates that he is not affiliated with a
political party, or that he is independent, the county clerk or field
registrar of voters shall list the elector’s political party as
nonpartisan.
3. If an elector indicates an affiliation with a major political
party or a minor political party that has filed a certificate of
existence with the Secretary of State, the county clerk or field
registrar of voters shall list the elector’s political party as indicated
by the elector.
4. If an elector indicates an affiliation with a minor political
party that has not filed a certificate of existence with the Secretary of
State, the county clerk or field registrar of voters shall:
(a) List the elector’s political party as the party indicated in
the application to register to vote.
(b) When compiling data related to voter registration for the
county, report the elector’s political party as “other party.”
5. If an elector does not make any of the indications described in
subsection 1, the county clerk or field registrar of voters shall:
(a) List the elector’s political party as nonpartisan; and
(b) Mail to the elector a notice setting forth that the elector has
been registered to vote as a nonpartisan because the elector did not make
any of the indications described in subsection 1.
(Added to NRS by 1993, 2167; A 1995, 680, 2273, 2784; 2003, 1654
)
Except as otherwise provided in this section, the
registration or reregistration of electors who are unable to sign their
names must be made upon personal application of those electors at the
office of the county clerk where they may be identified or in the
presence of a field registrar. If such an elector is unable to appear in
person at the office of the county clerk, the county clerk shall send a
field registrar or an employee of the office of the county clerk to the
elector to identify the elector and register or reregister the elector as
appropriate. The electors described in this section may use a mark or
cross in place of a signature.
(Added to NRS by 1960, 274; A 1991, 2223; 1993, 2193; 2001, 1435
)
A naturalized
citizen need not produce his certificate of naturalization in order to
qualify to be registered.
(Added to NRS by 1960, 274; A 1973, 896; 1975, 943)
1. Except as otherwise provided in NRS 293.502 , a person may register to vote by mailing an
application to register to vote to the county clerk of the county in
which he resides. The county clerk shall, upon request, mail an
application to register to vote to an applicant. The county clerk shall
make the applications available at various public places in the county.
An application to register to vote may be used to correct information in
the registrar of voters’ register.
2. An application to register to vote which is mailed to an
applicant by the county clerk or made available to the public at various
locations or voter registration agencies in the county may be returned to
the county clerk by mail or in person. For the purposes of this section,
an application which is personally delivered to the county clerk shall be
deemed to have been returned by mail.
3. The applicant must complete the application, including, without
limitation, checking the boxes described in paragraphs (b) and (c) of
subsection 10 and signing the application.
4. The county clerk shall, upon receipt of an application,
determine whether the application is complete.
5. If he determines that the application is complete, he shall,
within 10 days after he receives the application, mail to the applicant:
(a) A notice informing him that he is registered to vote and a
voter registration card as required by subsection 6 of NRS 293.517 ; or
(b) A notice informing him that the registrar of voters’ register
has been corrected to reflect any changes indicated on the application.
6. Except as otherwise provided in subsection 5 of NRS 293.518
, if the county clerk determines that
the application is not complete, he shall, as soon as possible, mail a
notice to the applicant informing him that additional information is
required to complete the application. If the applicant provides the
information requested by the county clerk within 15 days after the county
clerk mails the notice, the county clerk shall, within 10 days after he
receives the information, mail to the applicant:
(a) A notice informing him that he is registered to vote and a
voter registration card as required by subsection 6 of NRS 293.517 ; or
(b) A notice informing him that the registrar of voters’ register
has been corrected to reflect any changes indicated on the application.
Ê If the applicant does not provide the additional information within the
prescribed period, the application is void.
7. The applicant shall be deemed to be registered or to have
corrected the information in the register:
(a) If the application is received by the county clerk or
postmarked not more than 3 working days after the applicant completed the
application, on the date the applicant completed the application; or
(b) If the application is received by the county clerk or
postmarked more than 3 working days after the applicant completed the
application, on the date the application is received by the county clerk.
8. If the applicant fails to check the box described in paragraph
(b) of subsection 10, the application shall not be considered invalid and
the county clerk shall provide a means for the applicant to correct the
omission at the time the applicant appears to vote in person at his
assigned polling place.
9. The Secretary of State shall prescribe the form for an
application to register to vote by mail which must be used to register to
vote by mail in this State.
10. The application to register to vote by mail must include:
(a) A notice in at least 10-point type which states:
NOTICE: You are urged to return your application to register to
vote to the County Clerk in person or by mail. If you choose to give your
completed application to another person to return to the County Clerk on
your behalf, and the person fails to deliver the application to the
County Clerk, you will not be registered to vote. Please retain the
duplicate copy or receipt from your application to register to vote.
(b) The question, “Are you a citizen of the United States?” and
boxes for the applicant to check to indicate whether or not the applicant
is a citizen of the United States.
(c) The question, “Will you be at least 18 years of age on or
before election day?” and boxes for the applicant to check to indicate
whether or not the applicant will be at least 18 years of age or older on
election day.
(d) A statement instructing the applicant not to complete the
application if the applicant checked “no” in response to the question set
forth in paragraph (b) or (c).
(e) A statement informing the applicant that if the application is
submitted by mail and the applicant is registering to vote for the first
time, the applicant must submit the information set forth in paragraph
(a) of subsection 2 of NRS 293.2725 to
avoid the requirements of subsection 1 of NRS 293.2725 upon voting for the first time.
11. Except as otherwise provided in subsection 5 of NRS 293.518
, the county clerk shall not register a
person to vote pursuant to this section unless that person has provided
all of the information required by the application.
12. The county clerk shall mail, by postcard, the notices required
pursuant to subsections 5 and 6. If the postcard is returned to the
county clerk by the United States Postal Service because the address is
fictitious or the person does not live at that address, the county clerk
shall attempt to determine whether the person’s current residence is
other than that indicated on his application to register to vote in the
manner set forth in NRS 293.530 .
13. A person who, by mail, registers to vote pursuant to this
section may be assisted in completing the application to register to vote
by any other person. The application must include the mailing address and
signature of the person who assisted the applicant. The failure to
provide the information required by this subsection will not result in
the application being deemed incomplete.
14. An application to register to vote must be made available to
all persons, regardless of political party affiliation.
15. An application must not be altered or otherwise defaced after
the applicant has completed and signed it. An application must be mailed
or delivered in person to the office of the county clerk within 10 days
after it is completed.
16. A person who willfully violates any of the provisions of
subsection 13, 14 or 15 is guilty of a category E felony and shall be
punished as provided in NRS 193.130 .
17. The Secretary of State shall adopt regulations to carry out
the provisions of this section.
(Added to NRS by 1991, 1680; A 1993, 2193; 1995, 1267, 2273, 2763;
1997, 233, 664, 666, 2784, 2793; 2001, 2953 ; 2003, 1654 , 2181 ; 2005, 2829 )
Any time before the fifth Sunday preceding an election, a person who
because of illness, disability or for other good cause shown requires
assistance to complete an application to register to vote may request the
county clerk in writing or by telephone to register him at his residence.
Upon request, the county clerk shall direct the appropriate field
registrar to go to the home of such a person to register him to vote.
(Added to NRS by 1993, 2173; A 2003, 1721 , 2183 )
1. The Department of Motor Vehicles shall provide an application
to register to vote to each person who applies for the issuance or
renewal of any type of driver’s license or identification card issued by
the Department.
2. The county clerk shall use the applications to register to vote
which are signed and completed pursuant to subsection 1 to register
applicants to vote or to correct information in the registrar of voters’
register. An application that is not signed must not be used to register
or correct the registration of the applicant.
3. For the purposes of this section, each employee specifically
authorized to do so by the Director of the Department may oversee the
completion of an application. The authorized employee shall check the
application for completeness and verify the information required by the
application. Each application must include a duplicate copy or receipt to
be retained by the applicant upon completion of the form. The Department
shall, except as otherwise provided in this subsection, forward each
application on a weekly basis to the county clerk or, if applicable, to
the registrar of voters of the county in which the applicant resides. The
applications must be forwarded daily during the 2 weeks immediately
preceding the fifth Sunday preceding an election.
4. The county clerk shall accept any application to register to
vote which is obtained from the Department of Motor Vehicles pursuant to
this section and completed by the fifth Sunday preceding an election if
he receives the application not later than 5 days after that date. Upon
receipt of an application, the county clerk or field registrar of voters
shall determine whether the application is complete. If he determines
that the application is complete, he shall notify the applicant and the
applicant shall be deemed to be registered as of the date of the
submission of the application. If he determines that the application is
not complete, he shall notify the applicant of the additional information
required. The applicant shall be deemed to be registered as of the date
of the initial submission of the application if the additional
information is provided within 15 days after the notice for the
additional information is mailed. If the applicant has not provided the
additional information within 15 days after the notice for the additional
information is mailed, the incomplete application is void. Any
notification required by this subsection must be given by mail at the
mailing address on the application not more than 7 working days after the
determination is made concerning whether the application is complete.
5. The county clerk shall use any form submitted to the Department
to correct information on a driver’s license or identification card to
correct information in the registrar of voters’ register, unless the
person indicates on the form that the correction is not to be used for
the purposes of voter registration. The Department shall forward each
such form to the county clerk or, if applicable, to the registrar of
voters of the county in which the person resides in the same manner
provided by subsection 3 for applications to register to vote.
6. Upon receipt of a form to correct information, the county clerk
shall compare the information to that contained in the registrar of
voters’ register. If the person is a registered voter, the county clerk
shall correct the information to reflect any changes indicated on the
form. After making any changes, the county clerk shall notify the person
by mail that his records have been corrected.
7. The Secretary of State shall, with the approval of the
Director, adopt regulations to:
(a) Establish any procedure necessary to provide an elector who
applies to register to vote pursuant to this section the opportunity to
do so;
(b) Prescribe the contents of any forms or applications which the
Department is required to distribute pursuant to this section; and
(c) Provide for the transfer of the completed applications of
registration from the Department to the appropriate county clerk for
inclusion in the election board registers and registrar of voters’
register.
(Added to NRS by 1987, 2143; A 1989, 1874; 1991, 1684, 2223; 1993,
2194; 1995, 680, 2275; 2001, 2597 , 2955 ; 2003, 1245 , 1721 , 2183 )
1. Any elector who is presently registered and has changed his
residence after the last preceding general 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 or from one congressional district
to another within the same county 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 permitted 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 county in the manner set forth in NRS
293.304 .
4. The county clerk shall use any information regarding the
current address of an elector obtained pursuant to this section to
correct information in the registrar of voters’ register and the election
board register.
(Added to NRS by 1960, 274; A 1961, 295; 1967, 851; 1979, 177;
1989, 2168; 1991, 1686, 2224; 1995, 2277; 1999, 2160 )
When an elector moves to another county and
registers to vote therein, the county clerk of the county where the
elector has moved shall send a cancellation notice to the clerk of the
county in which the elector previously resided. The county clerk
receiving such a notice shall cancel the registration of the elector and
place it in a cancelled file.
(Added to NRS by 1960, 274; A 1995, 2277)
