[Rev. 11/21/2013 10:46:47 AM--2013]

CHAPTER 293C - CITY ELECTIONS

GENERAL PROVISIONS

NRS 293C.100        Applicability of chapter.

NRS 293C.110        Conduct of city election controlled by governing body; exceptions.

NRS 293C.112        Governing body authorized to conduct city election by mail under certain circumstances.

NRS 293C.115        Governing body of general law city authorized to choose dates for primary and general elections; dates to be in accordance with this chapter or chapter 293 of NRS; effect upon terms of serving city officials.

NRS 293C.120        Governing body to provide ballots and supplies.

GENERAL ELECTIONS

NRS 293C.140        Date of general city election in cities of population categories one and two; candidates to be voted upon by electors at large; terms of council members; exceptions.

NRS 293C.145        Date of general city election in city of population category three; number of council members; terms of mayor and council members; procedure for filing declaration of candidacy; candidates for mayor to be voted upon by electors at large; candidates for city council to be voted upon by electors of ward or electors at large; exceptions.

NOMINATIONS AND CANDIDATES

NRS 293C.175        Date of primary city election; procedure for filing declaration of candidacy; candidates to be voted upon by electors at large; placement of names of candidates on ballot for general city election; exceptions.

NRS 293C.180        Declaration of nominees: Omission and appearance of names on primary ballot; declaration of single candidate as elected to office.

NRS 293C.185        Declaration or acceptance of candidacy: Filing required before name may be printed on ballot; form; contents; address of candidate; retention of proof of identity and residency; appointment of agent for service of process; investigation and disqualification of candidate who has been convicted of felony and has not had civil rights restored.

NRS 293C.186        Written challenges of qualifications of candidates.

NRS 293C.1865      Penalty for willfully filing declaration or acceptance of candidacy with knowledge it contains false statement; posting of notice of disqualification at polling place required in certain circumstances.

NRS 293C.187        Contents and publication of notice of primary or general city election.

NRS 293C.190        Procedure for filling vacancy in nomination.

NRS 293C.195        Procedure for withdrawing candidacy.

NRS 293C.200        Residency requirements for candidates; penalty for knowingly and willfully making false statement concerning residency on declaration or acceptance of candidacy.

ELECTION BOARDS

NRS 293C.220        Appointment of officers by city clerk; appointment of law enforcement officers for polling places; appointment of trainees.

NRS 293C.222        Appointment of pupil as trainee: Qualifications; requirements; duties; compensation.

NRS 293C.225        Recommendations by chair of persons suitable for service.

NRS 293C.227        Delivery of notice of appointment to officer or trainee.

NRS 293C.228        Notice of unwillingness to serve as officer or trainee; appointment of replacement.

NRS 293C.230        Appointment of single central election board for mailing precincts.

NRS 293C.240        Appointment and duties of absent ballot central counting board; no central election board if absent ballot central counting board appointed.

NRS 293C.245        Appointment and number of officers on absent ballot central counting board; appointment of law enforcement officers; absent ballot central counting board under direction of city clerk.

BALLOTS

NRS 293C.255        Name of candidate on ballot not to include title, designation of profession or occupation.

NRS 293C.256        Absent ballot or ballot voted in mailing precinct to be voted on paper ballot.

NRS 293C.257        Form of ballot for primary city election; names of candidates to be grouped alphabetically; exception.

NRS 293C.260        Form of ballot for general city election; names of candidates to be grouped alphabetically; exception.

NRS 293C.261        Ballot to indicate date of election and at which election ballot will be used.

NRS 293C.262        Order of listing offices and questions; division of ballots; color of ballots and voting receipts.

VOTING AT POLLS

NRS 293C.265        Voting in person required at first city election after valid registration for voter who registered to vote by mail or computer; exceptions.

NRS 293C.267        Time for opening and closing polls; duties and powers of officers of election board.

NRS 293C.268        Establishment of polling place for precinct in residential development exclusively for elderly persons.

NRS 293C.2685      Polling place not to be established in any building named for candidate appearing on ballot.

NRS 293C.269        Members of general public allowed to observe conduct of voting at polling place; photographing or otherwise recording conduct of voting by members of general public prohibited.

NRS 293C.270        Conditions for entitlement of person to vote; forms of identification to identify registered voter.

NRS 293C.272        Identification of registered voter who is unable to sign name.

NRS 293C.275        Election board officer in charge of register required to take voter’s signature.

NRS 293C.277        Announcement of name of registered voter; grounds and procedure for challenging person’s right to vote.

NRS 293C.281        Accessibility of polling place, ballot and election materials to persons who are elderly and to persons with disabilities; provision of mechanical recording device to record votes electronically; alternative placement of specially equipped voting devices at centralized locations.

NRS 293C.282        Assistance to voter who is physically disabled or unable to read or write English.

NRS 293C.285        Change of vote on certain mechanical recording devices.

NRS 293C.290        Posting of alphabetical listing of registered voters at polling place; tearing or defacing alphabetical listing prohibited; penalty.

NRS 293C.291        Posting of notice of death of candidate at polling place.

NRS 293C.292        Challenges.

NRS 293C.293        Notice of result of challenge.

NRS 293C.295        Voting by person successfully challenged on grounds of residency.

NRS 293C.297        Closing of polls; admission of voters and other persons.

NRS 293C.300        Duties of voting board before adjournment.

NRS 293C.302        Court-ordered extension of deadline for voting.

ABSENT BALLOT VOTING

NRS 293C.305        Absent ballots: Preparation; reasonable accommodations for use by persons who are elderly or disabled; time for distribution; ineffectiveness of legal actions to prevent issuance.

NRS 293C.306        Distribution of forms to request absent ballot.

NRS 293C.307        Request and receipt of absent ballot allows voting only by absent ballot; exception; city clerk to notify election board if absent ballot issued.

NRS 293C.310        Persons entitled to absent ballot; fraud or coercion in obtaining ballot prohibited; penalty.

NRS 293C.312        Limitation on time to apply for absent ballot; application available for public inspection; issuance of absent ballot; immunity of city clerk.

NRS 293C.317        Application for absent ballot because of illness, disability or absence: Requirements; delivery of ballot; voting procedure.

NRS 293C.318        Application for absent ballot because of physical disability: Requirements; voting procedure.

NRS 293C.320        City clerk to determine if applicant for absent ballot is registered voter.

NRS 293C.322        Delivery of absent ballot and voting supplies; return of absent ballot; recordation of certain information by county clerk; regulations.

NRS 293C.325        Duties of city clerk upon receipt of absent ballot from voter: Deposit of voted ballot; delivery for counting. [Effective through December 31, 2013.]

NRS 293C.325        Duties of city clerk upon receipt of absent ballot from voter: Deposit of voted ballot; delivery for counting. [Effective January 1, 2014.]

NRS 293C.327        Voting absent ballot in person in city clerk’s office.

NRS 293C.328        Electioneering prohibited near city clerk’s office during period office maintained for voting absent ballot in person; penalty.

NRS 293C.330        Procedure for voting after requesting absent ballot; unlawful return of ballot; penalty.

NRS 293C.332        Procedure for depositing absent ballots in ballot box. [Effective through December 31, 2013.]

NRS 293C.332        Procedure for depositing absent ballots in ballot box. [Effective January 1, 2014.]

NRS 293C.335        Empty envelopes and rejected ballots to be returned to city clerk. [Effective through December 31, 2013.]

NRS 293C.335        Empty envelopes and rejected ballots to be returned to city clerk. [Effective January 1, 2014.]

NRS 293C.340        Duty of city clerk to provide ballot box for each ballot listing if absent ballot central counting board appointed; deposit of voted ballots. [Effective through December 31, 2013.]

NRS 293C.340        Duty of city clerk to provide ballot box for each ballot listing if absent ballot central counting board appointed; deposit of voted ballots. [Effective January 1, 2014.]

VOTING IN MAILING PRECINCTS

NRS 293C.342        Eligibility of certain voters to vote by mail; effect of city clerk designating precinct as mailing precinct.

NRS 293C.345        Duty of city clerk to mail official mailing ballots to registered voters; exception.

NRS 293C.347        Enrollment of eligible voter’s name; procedure for mailing of ballot and voting supplies by city clerk.

NRS 293C.350        Marking and return of mailing ballot by voter.

NRS 293C.352        Duties of city clerk upon receipt of envelope which contains mailing ballot.

EARLY VOTING BY PERSONAL APPEARANCE

NRS 293C.355        Applicability of provisions.

NRS 293C.356        Issuance of ballots; voting booth for use by persons issued ballots.

NRS 293C.3561      City clerk to establish criteria for selection of permanent and temporary polling places for early voting by personal appearance.

NRS 293C.3564      Permanent polling places for early voting.

NRS 293C.3568      Period for early voting; hours for permanent polling places.

NRS 293C.3572      Temporary branch polling places.

NRS 293C.3576      Schedule of locations and times for early voting.

NRS 293C.358        Appointment of deputy clerks.

NRS 293C.3583      Preparation of mechanical recording devices before polls open each day.

NRS 293C.3585      Procedure for voting.

NRS 293C.3594      Security precautions.

NRS 293C.3604      Mechanical recording devices: Duties of election board at close of each voting day; duties of ballot board for early voting and clerks at close of last voting day.

NRS 293C.3606      Returns; secrecy of ballots; disseminating information about count of returns before polls close prohibited; penalty.

NRS 293C.3608      Delivery to central counting place of printed record of votes recorded on mechanical recording device during period for early voting and of related items and devices.

NRS 293C.361        Electioneering prohibited near polling place; penalty.

RETURNS AND CANVASS

NRS 293C.3615      Record made by city clerk of receipt at central counting place of sealed container used to transport official ballots.

NRS 293C.362        Preparation by counting board to count paper ballots.

NRS 293C.365        Accounting for used and unused ballots.

NRS 293C.367        Rejection of ballots; regulations for counting ballots.

NRS 293C.368        Errors in information on certain form not grounds for rejection of absent ballot.

NRS 293C.369        Standards for counting votes; regulations.

NRS 293C.370        Counting of votes cast for deceased candidate.

NRS 293C.372        Procedure for completion of tally lists.

NRS 293C.375        Duties of officers of counting board after ballots counted if paper ballots used.

NRS 293C.380        Posting of copies of voting results.

NRS 293C.382        Initial withdrawal of absent ballots from ballot boxes; verification of proper number of absent ballots; procedure for counting.

NRS 293C.385        Withdrawal of absent ballots from ballot boxes after initial withdrawal; verification of proper number and counting of absent ballots; reporting results of count; disseminating information about count before polls close prohibited; penalty.

NRS 293C.387        Returns filed with city clerk; canvass of returns; preparation and entering of abstract of votes; limitation on inspection of returns; certificates of election.

NRS 293C.389        Inclusion of inactive voters in reports of votes prohibited.

NRS 293C.390        Disposition and inspection of ballots, lists, stubs and records of voted ballots after canvass by governing body of city.

NRS 293C.395        Prohibitions against withholding certificate of election or commission.

REGISTRATION OF VOTERS; REGISTRARS

NRS 293C.520        Designation by city clerk of building owned or leased by city as municipal facility at which electors may register to vote.

NRS 293C.525        Transfer of registration when residence changed from one precinct to another within same city or changed within same precinct; oral or written affirmation of elector; right of elector to vote.

NRS 293C.527        Close of registration; exception; office of city clerk to be open certain hours during last days before registration closes; publication of day and time registration closes; elector required to register to vote in person or by computer during certain period; hours of operation for municipal facility for voter registration.

NRS 293C.530        Sample ballots: Contents; mailing; notice of location of polling place; notice if location of polling place changed; form of ballot; cost of mailing responsibility of city.

NRS 293C.532        Persons entitled to vote; authority of governing body of city to provide supplemental registration.

NRS 293C.535        Procedure for registration of electors in incorporated cities; preparation of official election board register.

NRS 293C.540        Delivery of official register by county clerk to city clerk.

NRS 293C.542        Authority of governing body to publish list of registered voters.

NRS 293C.545        City required to compensate county registrar for certain services; payment from city general fund.

MECHANICAL VOTING SYSTEMS

Administration

NRS 293C.600        Preparation of computer program used to run computer or counting device; protection of program.

NRS 293C.615        Accuracy certification board to observe conduct of tests on equipment for mechanical voting; representatives of candidates and press authorized to observe.

NRS 293C.620        Issuance of ballots; procedure for voting.

 

Processing of Ballots

NRS 293C.625        Early pickup and delivery of ballots to central counting place; processing of ballots before polls close.

NRS 293C.630        Duties of election board upon and after closing of polls; public may observe handling of ballots.

NRS 293C.635        Procedure for delivery of ballots and election materials to receiving center or central counting place; disposition of other materials; members of general public allowed to observe delivery.

NRS 293C.640        Creation of special election boards; appointment of members to boards.

NRS 293C.645        Duties of central ballot inspection board.

NRS 293C.650        Duties of absent ballot mailing precinct inspection board.

NRS 293C.655        Duties of ballot duplicating board.

NRS 293C.660        Ballot processing and packaging board: Composition; duties.

NRS 293C.665        Computer program and processing accuracy board: Appointment; duties.

MISCELLANEOUS PROVISIONS

NRS 293C.700        Construction of containers used to transport official ballots.

NRS 293C.710        Loss or destruction of ballots, or other cause preventing election in precinct or district; new election.

NRS 293C.715        Website maintained by city clerk for public information relating to elections; requirements.

NRS 293C.720        City clerks encouraged to provide election information and materials in usable format for persons who are elderly or disabled.

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GENERAL PROVISIONS

      NRS 293C.100  Applicability of chapter.  The provisions of this chapter apply only to city elections.

      (Added to NRS by 1997, 3420)

      NRS 293C.110  Conduct of city election controlled by governing body; exceptions.

      1.  Except as otherwise provided in subsection 2, conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards and do all other things required to carry the election into effect.

      2.  Except as otherwise provided in NRS 293C.112, the governing body of the city shall provide for:

      (a) Absent ballots to be voted in a city election pursuant to NRS 293C.305 to 293C.325, inclusive, and 293C.330 to 293C.340, inclusive; and

      (b) The conduct of:

             (1) Early voting by personal appearance in a city election pursuant to NRS 293C.355 to 293C.361, inclusive;

             (2) Voting by absent ballot in person in a city election pursuant to NRS 293C.327; or

             (3) Both early voting by personal appearance as described in subparagraph (1) and voting by absent ballot in person as described in subparagraph (2).

      (Added to NRS by 1997, 3424; A 1997, 2795; 1999, 267; 2009, 517)

      NRS 293C.112  Governing body authorized to conduct city election by mail under certain circumstances.

      1.  The governing body of a city may conduct a city election in which all ballots must be cast by mail if:

      (a) The election is a special election; or

      (b) The election is a primary city election or general city election in which the ballot includes only:

             (1) Offices and ballot questions that may be voted on by the registered voters of only one ward; or

             (2) One office or ballot question.

      2.  The provisions of NRS 293C.265 to 293C.302, inclusive, 293C.305 to 293C.340, inclusive, and 293C.355 to 293C.361, inclusive, do not apply to an election conducted pursuant to this section.

      3.  For the purposes of an election conducted pursuant to this section, each precinct in the city shall be deemed to have been designated a mailing precinct pursuant to NRS 293C.342.

      (Added to NRS by 2009, 517)

      NRS 293C.115  Governing body of general law city authorized to choose dates for primary and general elections; dates to be in accordance with this chapter or chapter 293 of NRS; effect upon terms of serving city officials.

      1.  The governing body of a city incorporated pursuant to general law may by ordinance provide for a primary city election and a general city election on:

      (a) The dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS; or

      (b) The dates set forth for primary city elections and general city elections pursuant to the provisions of this chapter.

      2.  If a governing body of a city adopts an ordinance pursuant to paragraph (a) of subsection 1, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165, and in NRS 293.175, 293.177, 293.345 and 293.368 apply for purposes of conducting the primary city elections and general city elections of the city.

      3.  If a governing body of a city adopts an ordinance pursuant to subsection 1:

      (a) The term of office of any elected city official may not be shortened as a result of the ordinance; and

      (b) Each elected city official holds office until the end of his or her term and until his or her successor has been elected and qualified.

      (Added to NRS by 2003, 674; A 2013, 1180, 2378)

      NRS 293C.120  Governing body to provide ballots and supplies.  The governing body of a city shall provide all necessary books, ballots and supplies for the proper conduct of city elections.

      (Added to NRS by 1997, 3442)

GENERAL ELECTIONS

      NRS 293C.140  Date of general city election in cities of population categories one and two; candidates to be voted upon by electors at large; terms of council members; exceptions.

      1.  Except as otherwise provided in NRS 293C.115, a general city election must be held in each city of population categories one and two on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter as determined by law, ordinance or resolution, at which time there must be elected the elective city officers, the offices of which are required next to be filled by election. All candidates, except as otherwise provided in NRS 266.220, at the general city election must be voted upon by the electors of the city at large.

      2.  Unless the terms of office of city council members are extended by an ordinance adopted pursuant to NRS 293C.115, the terms of office are 4 years, which terms must be staggered. The council members elected to office immediately after incorporation shall decide, by lot, among themselves which of their offices expire at the next general city election, and thereafter the terms of office must be 4 years unless the terms are extended by an ordinance adopted pursuant to NRS 293C.115.

      (Added to NRS by 1997, 3421; A 2001, 634; 2003, 674)

      NRS 293C.145  Date of general city election in city of population category three; number of council members; terms of mayor and council members; procedure for filing declaration of candidacy; candidates for mayor to be voted upon by electors at large; candidates for city council to be voted upon by electors of ward or electors at large; exceptions.

      1.  Except as otherwise provided in NRS 293C.115, a general city election must be held in each city of population category three on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.

      2.  There must be one mayor and three or five council members, as the city council shall provide by ordinance, for each city of population category three. Unless the terms of office of the mayor and the council members are extended by an ordinance adopted pursuant to NRS 293C.115, the terms of office of the mayor and the council members are 4 years, which terms must be staggered. The mayor and council members elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years unless the terms are extended by an ordinance adopted pursuant to NRS 293C.115. If a city council thereafter increases the number of council members, it shall, by lot, stagger the initial terms of the additional members.

      3.  Except as otherwise provided in NRS 293C.115, a candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance or resolution.

      4.  Candidates for mayor must be voted upon by the electors of the city at large. Candidates for the city council must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

      (Added to NRS by 1997, 3421; A 1997, 2795; 1999, 268; 2001, 634; 2003, 675)

NOMINATIONS AND CANDIDATES

      NRS 293C.175  Date of primary city election; procedure for filing declaration of candidacy; candidates to be voted upon by electors at large; placement of names of candidates on ballot for general city election; exceptions.

      1.  Except as otherwise provided in NRS 293C.115, a primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the first Tuesday after the first Monday in April of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

      2.  Except as otherwise provided in NRS 293C.115, a candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days or more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

      3.  All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

      4.  If, in a primary city election held in a city of population category one or two, one candidate receives more than a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

      (Added to NRS by 1997, 3420; A 1997, 2794; 1999, 268, 3555; 2001, 634; 2003, 675; 2009, 518)

      NRS 293C.180  Declaration of nominees: Omission and appearance of names on primary ballot; declaration of single candidate as elected to office.

      1.  If at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate who has filed for nomination for an office, that candidate must be declared elected and no election may be held for that office.

      2.  Except as otherwise provided in subsection 1, if not more than twice the number of candidates to be elected have filed for nomination for an office, the names of those candidates must be omitted from all ballots for a primary city election and placed on all ballots for a general city election.

      3.  If more than twice the number of candidates to be elected have filed for nomination for an office, the names of the candidates must appear on the ballot for a primary city election. Except as otherwise provided in subsection 4 of NRS 293C.175, those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      (Added to NRS by 1997, 3421)

      NRS 293C.185  Declaration or acceptance of candidacy: Filing required before name may be printed on ballot; form; contents; address of candidate; retention of proof of identity and residency; appointment of agent for service of process; investigation and disqualification of candidate who has been convicted of felony and has not had civil rights restored.

      1.  Except as otherwise provided in NRS 293C.115 and 293C.190, a name may not be printed on a ballot to be used at a primary city election unless the person named has filed a declaration of candidacy or an acceptance of candidacy and has paid the fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.

      2.  A declaration of candidacy required to be filed by this section must be in substantially the following form:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

City of..............................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of .................., I, .................., the undersigned do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .................., in the City or Town of .................., County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .................., and the address at which I receive mail, if different than my residence, is ..................; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

                                                           ...............................................................................

                                                                               (Designation of name)

 

                                                           ...............................................................................

                                                                     (Signature of candidate for office)

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

..................................................................

       Notary Public or other person

    authorized to administer an oath

 

      3.  The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate 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 the 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 a check which indicates the candidate’s name and residential address, but not including a voter registration card issued pursuant to NRS 293.517.

      4.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to paragraph (b) of subsection 3. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number or driver’s license or identification card number of the candidate.

      5.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.

      6.  If the city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the city clerk:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the city attorney.

      7.  The receipt of information by the city attorney pursuant to subsection 6 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the city clerk must post a notice at each polling place where the candidate’s name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.

      (Added to NRS by 1997, 3422; A 1999, 269, 679, 2163; 2001, 149, 676; 2003, 676, 686, 1724; 2005, 2291; 2007, 1170)

      NRS 293C.186  Written challenges of qualifications of candidates.

      1.  After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 working days after the last day the person may withdraw his or her candidacy pursuant to NRS 293C.195, an elector may file with the city clerk a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the constitution or a statute of this State, including, without limitation, a requirement concerning age or residency. Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the challenged person.

      2.  A challenge filed pursuant to subsection 1 must:

      (a) Indicate each qualification the person fails to meet;

      (b) Have attached all documentation and evidence supporting the challenge; and

      (c) Be in the form of an affidavit, signed by the elector under penalty of perjury.

      3.  Upon receipt of a challenge pursuant to subsection 1, the city clerk shall immediately transmit the challenge to the city attorney.

      4.  If the city attorney determines that probable cause exists to support the challenge, the city attorney shall, not later than 5 days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

      5.  If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the constitution or a statute of this State, or if the person fails to appear at the hearing:

      (a) The name of the person must not appear on any ballot for the election for the office for which the person 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 or she filed the declaration of candidacy or acceptance of candidacy.

      6.  If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the challenged person.

      (Added to NRS by 2001, 675)

      NRS 293C.1865  Penalty for willfully filing declaration or acceptance of candidacy with knowledge it contains false statement; posting of notice of disqualification at polling place required in certain circumstances.

      1.  In addition to any other penalty provided by law, if a person willfully files a declaration of candidacy or acceptance of candidacy knowing that the declaration of candidacy or acceptance of candidacy contains a false statement:

      (a) Except as otherwise provided in NRS 293.165 or 293.166, the name of the person must not appear on any ballot for the election for which the person 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 or she was a candidate.

      2.  If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election is disqualified because the deadline set forth in NRS 293.165 and 293.166 for making changes to the ballot has passed, the Secretary of State and city clerk must post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of office.

      (Added to NRS by 2001, 676; A 2011, 3285)

      NRS 293C.187  Contents and publication of notice of primary or general city election.  Not later than 30 days before the primary city election and the general city election, the city clerk shall cause to be published a notice of the election in a newspaper of general circulation in the city once a week for 2 successive weeks. If a newspaper of general circulation is not published in the city, the publication may be made in a newspaper of general circulation published within the county in which the city is located. If a newspaper of general circulation is not published in that county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:

      1.  The date of the election.

      2.  The location of the polling places.

      3.  The hours during which the polling places will be open for voting.

      4.  The names of the candidates.

      5.  A list of the offices to which the candidates seek nomination or election.

      (Added to NRS by 1999, 265)

      NRS 293C.190  Procedure for filling vacancy in nomination.

      1.  Except as otherwise provided in NRS 293C.115, a vacancy occurring in a nomination for a city office after the close of filing and on or before 5 p.m. of the first Tuesday after the first Monday in March in a year in which a general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for that office at the last preceding general city election. Except as otherwise provided in NRS 293C.115, the petition must be filed not earlier than the third Tuesday in February and not later than the third Tuesday after the third Monday in March. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election, and the candidate’s name must not appear on the ballot for a primary city election.

      2.  Except as otherwise provided in NRS 293C.115, a vacancy occurring in a nomination for a city office after 5 p.m. of the first Tuesday after the first Monday in March and on or before 5 p.m. of the second Tuesday after the second Monday in April must be filled by the person who received the next highest vote for the nomination in the primary city election.

      3.  Except to place a candidate nominated pursuant to subsection 1 on the ballot and except as otherwise provided in NRS 293C.115, no change may be made on the ballot for the general city election after 5 p.m. of the second Tuesday after the second Monday in April of the year in which the general city election is held. If a nominee dies after that time and date, the nominee’s name must remain on the ballot for the general city election and, if elected, a vacancy exists.

      4.  Except as otherwise provided in NRS 293C.115, all designations provided for in this section must be filed on or before 5 p.m. on the second Tuesday after the second Monday in April of the year in which the general city election is held. The filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on that date.

      (Added to NRS by 1997, 3423; A 1999, 3555; 2003, 677, 1709)

      NRS 293C.195  Procedure for withdrawing candidacy.  A withdrawal of candidacy for a city office must be in writing and presented to the city clerk by the candidate in person within 2 days, excluding Saturdays, Sundays and holidays, after the last day for filing a declaration of candidacy or an acceptance of candidacy.

      (Added to NRS by 1997, 3423; A 1999, 3556)

      NRS 293C.200  Residency requirements for candidates; penalty for knowingly and willfully making false statement concerning residency on declaration or acceptance of candidacy.

      1.  In addition to any other requirement provided by law, no person may be a candidate for a city office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations or acceptances of candidacy for the office that the person seeks, the person has in accordance with NRS 281.050, actually, as opposed to constructively, resided in the city or other area prescribed by law to which the office pertains and, if elected, over which he or she will have jurisdiction or which he or she will represent.

      2.  Any person who knowingly and willfully files a declaration of candidacy or an acceptance of candidacy that contains a false statement in this respect is guilty of a gross misdemeanor.

      (Added to NRS by 1997, 3423; A 1999, 2164; 2001, 678)

ELECTION BOARDS

      NRS 293C.220  Appointment of officers by city clerk; appointment of law enforcement officers for polling places; appointment of trainees.

      1.  The city clerk shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the city as provided in NRS 293.225, 293.227, 293C.227 to 293C.245, inclusive, and 293C.382. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the city clerk, the chief law enforcement officer of the city shall:

      (a) Appoint an officer for each polling place in the city and for the central election board or the absent ballot central counting board; or

      (b) Deputize, as an officer for the election, an election board officer for each polling place and for the central election board or the absent ballot central counting board. The deputized officer may not receive any additional compensation for the services he or she provides as an officer during the election for which the officer is deputized.

Ê Officers so appointed and deputized shall preserve order during hours of voting and attend the closing of the polls.

      2.  The city clerk may appoint a trainee for the position of election board officer as set forth in NRS 293C.222.

      (Added to NRS by 1997, 3424; A 1999, 270; 2007, 2609)

      NRS 293C.222  Appointment of pupil as trainee: Qualifications; requirements; duties; compensation.

      1.  The city clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:

      (a) A United States citizen, a resident of Nevada and a resident of the city in which the pupil serves;

      (b) Enrolled in high school; and

      (c) At the time of service, at least 16 years of age.

      2.  The city clerk may only appoint a pupil as a trainee if:

      (a) The pupil is appointed without party affiliation;

      (b) The city clerk sends the pupil a certificate stating the date and hours that the pupil will act as a trainee;

      (c) At least 20 days before the election in which the pupil will act as a trainee, the principal of the high school or the assigned school counselor of the pupil receives the city clerk’s certificate and a written request signed by the pupil’s parent or guardian to be excused from school for the time specified in the certificate;

      (d) The principal of the high school or the assigned school counselor of the pupil approves the pupil’s request; and

      (e) The pupil attends the training class required by NRS 293B.260.

      3.  Except as otherwise provided in this subsection, the city clerk may assign a trainee such duties as the city clerk deems appropriate. The city clerk shall not:

      (a) Require the trainee to perform those duties later than 10 p.m., or any applicable curfew, whichever is earlier; or

      (b) Assign more than one trainee to serve as an election board officer in any one precinct.

      4.  The city clerk may compensate a trainee for service at the same rate fixed for election board officers generally.

      (Added to NRS by 1999, 265; A 2003, 1658)

      NRS 293C.225  Recommendations by chair of persons suitable for service.  The city clerk may provide, by rule or regulation, for the:

      1.  Recommendation, by the persons selected as chairs of election boards, of suitable persons to serve as members of election boards; and

      2.  Recommendations, by the chairs, of suitable persons to serve in the case of vacancies.

      (Added to NRS by 1997, 3424)

      NRS 293C.227  Delivery of notice of appointment to officer or trainee.  Upon the selection of persons to act as election board officers pursuant to NRS 293C.220 or as trainees pursuant to NRS 293C.222, the city clerk shall deliver, by mail or other means, notifications of the appointments to those persons.

      (Added to NRS by 1999, 266)

      NRS 293C.228  Notice of unwillingness to serve as officer or trainee; appointment of replacement.  If any person appointed to serve as an election board officer pursuant to NRS 293C.220 or as a trainee pursuant to NRS 293C.222 is unwilling to serve as appointed, the person shall notify the city clerk within 5 days after receipt of the notification that he or she is unwilling to serve, whereupon the city clerk shall appoint some other registered voter to serve at the election.

      (Added to NRS by 1999, 266)

      NRS 293C.230  Appointment of single central election board for mailing precincts.  Except as otherwise provided in NRS 293C.240, one election board must be appointed by the city clerk for all mailing precincts within the city and must be designated the central election board. The city clerk shall deliver the mailed ballots to that board in his or her office, and the board shall count the votes on those ballots in the manner required by law.

      (Added to NRS by 1997, 3424; A 2007, 2609)

      NRS 293C.240  Appointment and duties of absent ballot central counting board; no central election board if absent ballot central counting board appointed.

      1.  When it appears to the satisfaction of the city clerk that an absent ballot central counting board will expedite the work of tallying the absent ballot vote of the city, the city clerk may appoint such a board. If the city is located in a county that uses a computer to maintain records of registered voters, the county clerk shall appoint the board.

      2.  In a city where an absent ballot central counting board has been appointed, no central election board may be appointed. The absent ballot central counting board shall perform the duties of the central election board.

      (Added to NRS by 1997, 3425)

      NRS 293C.245  Appointment and number of officers on absent ballot central counting board; appointment of law enforcement officers; absent ballot central counting board under direction of city clerk.

      1.  An absent ballot central counting board consists of election board officers appointed in such numbers as the city clerk determines to be required by the volume of absent ballots requested.

      2.  The city clerk’s deputies who perform duties in connection with elections shall be deemed officers of the absent ballot central counting board.

      3.  When requested by the city clerk, the chief law enforcement officer of the city shall appoint an officer to keep order during the counting of the absent ballot votes by the absent ballot central counting board.

      4.  The absent ballot central counting board is under the direction of the city clerk.

      (Added to NRS by 1997, 3425)

BALLOTS

      NRS 293C.255  Name of candidate on ballot not to include title, designation of profession or occupation.  In any election regulated by this chapter, the names of candidates as printed on the ballot must not include any title, designation or other reference that indicates the profession or occupation of the candidates.

      (Added to NRS by 1997, 3425)

      NRS 293C.256  Absent ballot or ballot voted in mailing precinct to be voted on paper ballot.  An absent ballot for a city election or a ballot for a city election voted by a voter who resides in a mailing precinct must be voted on a paper ballot.

      (Added to NRS by 1999, 266; A 2007, 1172, 2610)

      NRS 293C.257  Form of ballot for primary city election; names of candidates to be grouped alphabetically; exception.  For a primary city election, there must appear at the top of each ballot the designation “Candidates for city offices.” Except as otherwise provided in NRS 293.2565, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the office for which those candidates filed.

      (Added to NRS by 1997, 3425; A 2003, 1726)

      NRS 293C.260  Form of ballot for general city election; names of candidates to be grouped alphabetically; exception.

      1.  Except as otherwise provided in NRS 293C.140, ballots for a general city election must contain the names of candidates who were nominated at the primary city election.

      2.  Except as otherwise provided in NRS 293.2565, the names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.

      (Added to NRS by 1997, 3425; A 2003, 1726)

      NRS 293C.261  Ballot to indicate date of election and at which election ballot will be used.

      1.  A ballot prepared for use in a city election must be dated and marked in such a manner as to indicate clearly at which city election the ballot will be used.

      2.  If a ballot includes a detachable stub, both the ballot and the stub must include the date of the city election and indicate clearly at which city election the ballot will be used.

      3.  If a ballot includes a voting receipt, the voting receipt must include the date of the city election and indicate clearly at which city election the voter cast the ballot.

      (Added to NRS by 1999, 266; A 2007, 2610)

      NRS 293C.262  Order of listing offices and questions; division of ballots; color of ballots and voting receipts.

      1.  The offices for which there are candidates, the names of the candidates therefor and the questions to be voted upon must be printed on ballots for a city election in the following order:

      (a) City offices:

             (1) Mayor;

             (2) Council members according to ward in numerical order, if no wards, in alphabetical order; and

             (3) Municipal judges.

      (b) Questions presented to the voters of a city or a portion of a city with advisory questions listed in consecutive order after any other questions presented to the voters of the city.

      2.  The city clerk:

      (a) May divide paper ballots into two sheets in a manner that provides a clear understanding and grouping of all measures and candidates.

      (b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

      (Added to NRS by 1997, 3425; A 1999, 679; 2003, 3198)

VOTING AT POLLS

      NRS 293C.265  Voting in person required at first city election after valid registration for voter who registered to vote by mail or computer; exceptions.

      1.  Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote shall, for the first city election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote.

      2.  The provisions of subsection 1 do not apply to a person who:

      (a) Is entitled to vote in the manner prescribed in NRS 293C.342 to 293C.352, inclusive;

      (b) Is entitled to vote an absent ballot pursuant to federal law or NRS 293C.317 or 293C.318 or chapter 293D of NRS;

      (c) Is disabled;

      (d) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

      (e) Requests an absent ballot in person at the office of the city clerk.

      (Added to NRS by 1997, 3426; A 1999, 2164; 2001, 1437; 2003, 2187; 2011, 1929, 2102)

      NRS 293C.267  Time for opening and closing polls; duties and powers of officers of election board.

      1.  Except as otherwise provided in subsection 2 and NRS 293C.297, at all elections held pursuant to the provisions of this chapter, the polls must open at 7 a.m. and close at 7 p.m.

      2.  Whenever at any election all the votes of the precinct or district, as shown on the roster, have been cast, the election board officers shall close the polls and the counting of votes must begin and continue without unnecessary delay until the count is completed.

      3.  Upon opening the polls, one of the election board officers shall cause a proclamation to be made so that all present may be aware of the fact that applications of registered voters to vote will be received.

      4.  No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this chapter.

      (Added to NRS by 1997, 3426; A 2001, 2957)

      NRS 293C.268  Establishment of polling place for precinct in residential development exclusively for elderly persons.  The city clerk shall establish at least one polling place for a precinct in any residential development exclusively for elderly persons if:

      1.  More than 100 of the residents of the development are registered to vote;

      2.  There is a common area in the development which is adequate and available; and

      3.  The owner of the development consents to the establishment of the polling place on his or her property.

      (Added to NRS by 1999, 265)

      NRS 293C.2685  Polling place not to be established in any building named for candidate appearing on ballot.  A polling place for an election must not be established in any building or other structure named for a candidate whose name appears on a ballot for that election.

      (Added to NRS by 2005, 2290)

      NRS 293C.269  Members of general public allowed to observe conduct of voting at polling place; photographing or otherwise recording conduct of voting by members of general public prohibited.

      1.  The city clerk shall allow members of the general public to observe the conduct of voting at a polling place for a city election.

      2.  A member of the general public shall not photograph the conduct of voting at a polling place for a city election or record the conduct of voting on audiotape or any other means of sound or video reproduction.

      3.  For the purposes of this section, a member of the general public does not include any person who:

      (a) Gathers information for communication to the public;

      (b) Is employed or engaged by or has contracted with a newspaper, periodical, press association, or radio or television station; and

      (c) Is acting solely within his or her professional capacity.

      (Added to NRS by 1999, 266)

      NRS 293C.270  Conditions for entitlement of person to vote; forms of identification to identify registered voter.

      1.  If a person’s name appears in the election board register or if the person provides an affirmation pursuant to NRS 293C.525, the person is entitled to vote and must sign his or her name in the election board register when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s original application to register to vote or one of the forms of identification listed in subsection 2.

      2.  The forms of identification that may be used to identify a voter at the polling place are:

      (a) The card issued to the voter at the time he or she registered to vote;

      (b) A driver’s license;

      (c) An identification card issued by the Department of Motor Vehicles;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency that contains the voter’s signature and physical description or picture.

      (Added to NRS by 1997, 3426; A 2001, 2598)

      NRS 293C.272  Identification of registered voter who is unable to sign name.  Any registered voter who is unable to sign his or her name must be identified by answering questions covering the personal data that is reported on the original application to register to vote. The officer in charge of the roster shall stamp, write or print “Identified as” to the left of the voter’s name.

      (Added to NRS by 1997, 3426)

      NRS 293C.275  Election board officer in charge of register required to take voter’s signature.  A registered voter who applies to vote must state his or her 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.

      (Added to NRS by 1997, 3427; A 2007, 2610)

      NRS 293C.277  Announcement of name of registered voter; grounds and procedure for challenging person’s right to vote.

      1.  A registered voter who applies to vote at an election must give his or her name to the election board officer in charge of the election board register, and the officer shall immediately announce the name of the voter.

      2.  Any person’s right to vote may be challenged by a registered voter upon any of the grounds allowed for a challenge in NRS 293C.292. Any such challenge must be disposed of in the manner provided in NRS 293C.292.

      (Added to NRS by 1997, 3427)

      NRS 293C.281  Accessibility of polling place, ballot and election materials to persons who are elderly and to persons with disabilities; provision of mechanical recording device to record votes electronically; alternative placement of specially equipped voting devices at centralized locations.

      1.  Except as otherwise provided in subsection 2, at all times during which a polling place is open, the polling place must:

      (a) Be accessible to a voter who is elderly or a voter with a disability; and

      (b) Have at least one voting booth that is:

             (1) Designed to allow a voter in a wheelchair to vote;

             (2) Designated for use by a voter who is elderly or a voter with a disability;

             (3) Equipped to allow a voter who is elderly or a voter with a disability to vote with the same privacy as a voter who is not elderly or as a voter without a disability; and

             (4) Equipped with a mechanical recording device which directly records the votes electronically and which may be used by persons with disabilities.

      2.  A polling place that does not comply with the provisions of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.

      3.  At each polling place, the city clerk is encouraged to:

      (a) Post in a conspicuous place, in at least 12-point type, instructions for voting;

      (b) Provide ballots in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability; and

      (c) Provide, in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability, all materials that are:

             (1) Related to the election; and

             (2) Made available to a voter in printed form at the polling place.

      4.  As an alternative to carrying out the functions described in subsection 3, if, in the opinion of the city clerk, the needs of voters who are elderly or disabled requiring the use of specially equipped voting devices will be best served by placing such devices at centralized voting locations, the city clerk may so provide. If the city clerk provides for the placement of specially equipped voting devices at centralized locations, a voter who is elderly or disabled and requires the use of such a device to be able to cast a ballot without assistance may cast his or her ballot at any centralized voting location designated by the city clerk.

      (Added to NRS by 2001, 1437; A 2003, 1659, 2187)

      NRS 293C.282  Assistance to voter who is physically disabled or unable to read or write English.

      1.  Any registered voter who, because of a physical disability or an inability to read or write English, is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his or her own choice, except:

      (a) The voter’s employer or an agent of the voter’s employer; 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 a 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 or she requires assistance in casting a vote because of a physical disability or an inability to read or write English when the need for assistance is not apparent or no member of the election board has knowledge thereof. The statement must be executed under penalty of perjury.

      4.  In addition to complying with the requirements of this section, the city clerk and election board officer shall, upon the request of a registered voter with a physical disability, make reasonable accommodations to allow the voter to vote at his or her polling place.

      (Added to NRS by 1997, 3427; A 1999, 2165)

      NRS 293C.285  Change of vote on certain mechanical recording devices.  A mechanical recording device which directly records votes electronically must allow the voter to change his or her vote before the mechanical recording device permanently records that vote.

      (Added to NRS by 1997, 3428; A 2007, 2610)

      NRS 293C.290  Posting of alphabetical listing of registered voters at polling place; tearing or defacing alphabetical listing prohibited; penalty.

      1.  The city clerk shall require an election board officer to post an alphabetical listing of all registered voters for each precinct in a public area of each polling place in the city. Except as otherwise provided in NRS 293.5002 and 293.558, the alphabetical listing must include the name and address of each voter. Not less than four times during the hours in which the polling place is open, an election board officer shall identify the name of each voter who voted since the last identification.

      2.  Each page of the alphabetical listing must contain a notice which reads substantially as follows:

 

       It is unlawful for any person to remove, tear, mark or otherwise deface this alphabetical listing of registered voters except an election board officer acting pursuant to NRS 293C.290.

 

      3.  Any person who removes, tears, marks or otherwise defaces an alphabetical listing posted pursuant to this section with the intent to falsify or prevent others from readily ascertaining the name or address of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.

      (Added to NRS by 1997, 3428; A 2005, 2293)

      NRS 293C.291  Posting of notice of death of candidate at polling place.  If a candidate whose name appears on the ballot at a primary city election or general city election dies after the applicable date set forth in:

      1.  NRS 293C.370; or

      2.  NRS 293.368, if the governing body of the city has adopted an ordinance pursuant to paragraph (a) of subsection 1 of NRS 293C.115,

Ê but before the time of the closing of the polls on the day of the election, the city clerk shall post a notice of the candidate’s death at each polling place where the candidate’s name will appear on the ballot for the primary city election or general city election.

      (Added to NRS by 1997, 1292; A 1999, 689; 2003, 678, 1709)

      NRS 293C.292  Challenges.

      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 or she 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 the challenged person does not reside at the residence for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register”;

      (b) If the challenge is on the ground that the challenged person previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

      (c) If the challenge is on the ground that the challenged person is not the person he or she 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.  If the challenged person refuses to execute the oath or affirmation so tendered, he or she must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his or her name in the election board register.

      4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293C.295.

      5.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him or her a ballot.

      6.  If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification that contains proof of the address at which the person actually resides. For the purposes of this subsection, a voter registration card issued pursuant to NRS 293.517 does not provide proof of the address at which a person resides.

      7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless the person:

      (a) Furnishes official identification which contains a photograph of the person, such as a 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 the person, such as a 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 or she swears to be.

      8.  The election board officers shall:

      (a) Record on the challenge list:

             (1) The name of the challenged person;

             (2) The name of the registered voter who initiated the challenge; and

             (3) The result of the challenge; and

      (b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.

      (Added to NRS by 1997, 3429; A 1999, 679; 2001, 1952, 2958; 2003, 200, 210; 2007, 1172)

      NRS 293C.293  Notice of result of challenge.

      1.  As soon as practicable, but in no case later than 21 calendar days after each election, the city clerk shall mail a notice to each person who is listed on the challenge list as a registered voter who initiated a challenge pursuant to NRS 293C.292.

      2.  The notice mailed pursuant to subsection 1 must indicate:

      (a) The name of the person who was challenged, if known; and

      (b) The result of the challenge.

      (Added to NRS by 2001, 1951)

      NRS 293C.295  Voting by person successfully challenged on grounds of residency.

      1.  If a person is successfully challenged on the ground set forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person refuses to provide an affirmation pursuant to NRS 293C.525, the election board shall instruct the voter that he or she may vote only at the special polling place in the manner set forth in this section.

      2.  The city clerk shall maintain at least one special polling place at such locations as the city clerk deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293C.525 in a special sealed container if the ballots are ballots that are voted on a mechanical recording device which directly records the votes electronically.

      3.  A person who votes at a special polling place may vote only for the following offices and questions:

      (a) All officers for whom all voters in the city may vote; and

      (b) Questions that have been submitted to all voters of the city.

      4.  The ballots voted at the special polling place must be counted when other ballots are counted and, if the ballots are ballots that are voted on a mechanical recording device that directly records the votes electronically, maintained in a separate sealed container until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.

      (Added to NRS by 1997, 3430; A 1999, 270; 2007, 1173, 2610)

      NRS 293C.297  Closing of polls; admission of voters and other persons.

      1.  If at the hour of closing the polls there are any registered voters waiting to vote, the doors of the polling place must be closed after all those voters have been admitted to the polling place. Voting must continue until those voters have voted.

      2.  The officer appointed by the chief law enforcement officer of the city shall allow other persons to enter the polling place after the doors have been closed to observe or for any other lawful purpose if there is room within the polling place and their admittance will not interfere with the voting.

      (Added to NRS by 1997, 3430)

      NRS 293C.300  Duties of voting board before adjournment.  After the last person entitled to vote has voted, the voting board shall, before adjourning, put the records and the account of ballots in order for the counting board.

      (Added to NRS by 1997, 3430)

      NRS 293C.302  Court-ordered extension of deadline for voting.

      1.  If a court of competent jurisdiction orders a city to extend the deadline for voting beyond the statutory period in an election, the city clerk shall, as soon as practicable after receiving notice of the decision of the court:

      (a) Cause notice of the extended period to be published in a newspaper of general circulation in the city or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city; and

      (b) Transmit a notice of the extended deadline to each registered voter who requested an absent voter’s ballot for the election and has not returned the ballot before the date on which the notice will be transmitted.

      2.  The notice required pursuant to paragraph (a) of subsection 1 must be published:

      (a) In a city whose population is 25,000 or more, on at least 3 successive days.

      (b) In a city whose population is less than 25,000, at least twice in successive issues of the newspaper.

      (Added to NRS by 1997, 3440)

ABSENT BALLOT VOTING

      NRS 293C.305  Absent ballots: Preparation; reasonable accommodations for use by persons who are elderly or disabled; time for distribution; ineffectiveness of legal actions to prevent issuance.

      1.  The city clerk shall prepare an absent ballot for the use of registered voters who have requested absent ballots. The city clerk shall make reasonable accommodations for the use of the absent ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the absent ballot in 12-point type to a person who is elderly or disabled.

      2.  The ballot must be prepared and ready for distribution to a registered voter who:

      (a) Except as otherwise provided in paragraph (b), resides within or outside this State, not later than 20 days before the election in which it will be used.

      (b) Requested an absent ballot pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq., not later than 45 days before the election.

      3.  Any legal action that would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.

      (Added to NRS by 1997, 3430; A 1999, 2165; 2001, 1437; 2011, 3072)

      NRS 293C.306  Distribution of forms to request absent ballot.

      1.  A person who, during the 6 months immediately preceding an election, distributes to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

      (a) Distribute the form prescribed by the Secretary of State, which must, in 14-point type or larger:

             (1) Identify the person who is distributing the form; and

             (2) Include a notice stating, “This is a request for an absent ballot.”;

      (b) Not later than 14 days before distributing such a form, provide to the city clerk of each city to which a form will be distributed written notification of the approximate number of forms to be distributed to voters in the city and of the first date on which the forms will be distributed;

      (c) Not return or offer to return to the city clerk a form that was mailed to a registered voter pursuant to this subsection; and

      (d) Not mail such a form later than 21 days before the election.

      2.  The provisions of this section do not authorize a person to vote by absent ballot if the person is not otherwise eligible to vote by absent ballot.

      (Added to NRS by 1999, 2162; A 2001, 2035, 2959; 2003, 149, 152)

      NRS 293C.307  Request and receipt of absent ballot allows voting only by absent ballot; exception; city clerk to notify election board if absent ballot issued.

      1.  Except as otherwise provided in NRS 293C.330, a registered voter who requests and receives an absent voter’s ballot may vote only by absent ballot at the election for which the absent ballot was issued.

      2.  If a registered voter has requested an absent ballot and the ballot has been mailed or issued, the city clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.

      (Added to NRS by 1997, 3431)

      NRS 293C.310  Persons entitled to absent ballot; fraud or coercion in obtaining ballot prohibited; penalty.

      1.  Except as otherwise provided in NRS 293.502 and 293C.265, a registered voter who provides sufficient written notice to the city clerk may vote an absent ballot as provided in this chapter.

      2.  A city clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as:

      (a) A request for the primary city election and the general city election unless otherwise specified in the request; and

      (b) A request for an absent ballot for the primary and general elections immediately following the date on which the city clerk received the request.

      3.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      4.  As used in this section, “sufficient written notice” means a:

      (a) Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine;

      (b) Form prescribed by the Secretary of State that is completed and signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine; or

      (c) Form provided by the Federal Government.

      (Added to NRS by 1997, 3431; A 2001, 2959; 2003, 1659, 2188; 2009, 518; 2011, 3073)

      NRS 293C.312  Limitation on time to apply for absent ballot; application available for public inspection; issuance of absent ballot; immunity of city clerk.

      1.  A registered voter referred to in NRS 293C.310 may, at any time before 5 p.m. on the seventh calendar day preceding any election, make an application to the city clerk for an absent voter’s ballot. The application must be made available for public inspection.

      2.  When the voter has identified himself or herself to the satisfaction of the city clerk, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use.

      3.  A city clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless the city clerk knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy the information.

      (Added to NRS by 1997, 3431; A 2001, 2960)

      NRS 293C.317  Application for absent ballot because of illness, disability or absence: Requirements; delivery of ballot; voting procedure.

      1.  Any registered voter who is unable to go to the polls:

      (a) Because of an illness or disability resulting in confinement in a hospital, sanatorium, dwelling or nursing home; or

      (b) Because the registered voter is suddenly hospitalized, becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS 293C.312,

Ê may submit a written request to the city clerk for an absent ballot. The request may be submitted at any time before 5 p.m. on the day of the election.

      2.  If the city clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the city clerk shall, at the office of the city clerk, deliver an absent ballot to the person designated in the request to obtain the ballot for the registered voter.

      3.  A written request submitted pursuant to subsection 1 must include:

      (a) The name, address and signature of the registered voter requesting the absent ballot;

      (b) The name, address and signature of the person designated by the registered voter to obtain, deliver and return the ballot for the registered voter;

      (c) A brief statement of the illness or disability of the registered voter or of facts sufficient to establish that the registered voter was called away from home after the time had elapsed for requesting an absent ballot;

      (d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he or she 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 the ballot the voter must:

      (a) Place it in the identification envelope;

      (b) Affix his or her signature on the back of the envelope; and

      (c) Return it to the office of the city clerk.

      5.  A person designated in a request submitted pursuant to subsection 1 may, on behalf of and at the direction of the registered voter, mark and sign the absent ballot. If the person marks and signs the ballot, the person shall indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter.

      6.  A request for an absent ballot submitted pursuant to this section must be made, and the ballot delivered to the voter and returned to the city clerk, not later than the time the polls close on election day.

      7.  The procedure authorized by this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.

      (Added to NRS by 1997, 3432; A 1999, 2165)

      NRS 293C.318  Application for absent ballot because of physical disability: Requirements; voting procedure.

      1.  A registered voter who, because of a physical disability, is unable to mark or sign a ballot or use a voting device without assistance may submit a written statement to the appropriate city clerk requesting that the registered voter receive an absent ballot for each city election conducted during the period specified in subsection 3.

      2.  A written statement submitted pursuant to subsection 1 must:

      (a) Include a statement from a physician licensed in this State certifying that the registered voter is a person with a physical disability and, because of the physical disability, is unable to mark or sign a ballot or use a voting device without assistance;

      (b) Designate the person who will assist the registered voter in marking and signing the absent ballot on behalf of the registered voter; and

      (c) Include the name, address and signature of the person designated pursuant to paragraph (b).

      3.  Upon receipt of a written statement submitted by a registered voter pursuant to subsection 1, the city clerk shall, if the statement includes the information required pursuant to subsection 2, issue an absent ballot to the registered voter for each city election that is conducted during the year immediately succeeding the date the written statement is submitted to the city clerk.

      4.  To determine whether a registered voter is entitled to receive an absent ballot pursuant to this section, the city clerk may, every year after an absent ballot is issued to a registered voter pursuant to subsection 3, require the registered voter to submit a statement from a licensed physician as specified in paragraph (a) of subsection 2. If a statement from a physician licensed in this State submitted pursuant to this subsection indicates that the registered voter is no longer physically disabled, the city clerk shall not issue an absent ballot to the registered voter pursuant to this section.

      5.  A person designated pursuant to paragraph (b) of subsection 2 may, on behalf of and at the direction of the registered voter, mark and sign an absent ballot issued to the registered voter pursuant to the provisions of this section. If the person marks and signs the ballot, the person shall indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter.

      6.  The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.

      (Added to NRS by 1999, 2162)

      NRS 293C.320  City clerk to determine if applicant for absent ballot is registered voter.  The city clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper city.

      (Added to NRS by 1997, 3432; A 2009, 361; 2011, 1929)

      NRS 293C.322  Delivery of absent ballot and voting supplies; return of absent ballot; recordation of certain information by county clerk; regulations.

      1.  Except as otherwise provided in subsection 2 and chapter 293D of NRS, if the request for an absent ballot is made by mail or facsimile machine, the city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot:

      (a) An absent ballot;

      (b) A return envelope;

      (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and

      (d) Instructions.

      2.  If the city clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the city clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter may mail the absent ballot to the city clerk or submit the absent ballot by facsimile machine.

      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 and chapter 293D of NRS.

      5.  Before depositing a ballot with the United States Postal Service or sending a ballot by facsimile machine, the city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, the registered voter’s precinct or district, the number of the ballot and any remarks the city clerk finds appropriate.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

      (Added to NRS by 1997, 3432; A 1999, 679; 2001, 2036; 2003, 149; 2007, 1175, 2611; 2009, 362; 2011, 1929; 2013, 3812)

      NRS 293C.325  Duties of city clerk upon receipt of absent ballot from voter: Deposit of voted ballot; delivery for counting. [Effective through December 31, 2013.]

      1.  Except as otherwise provided in subsection 2, when an absent ballot is returned by a registered voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

      2.  If an absent ballot central counting board has been appointed, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, the county clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against the original signature of the voter on the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast a ballot, the city clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293C.267 or 293C.297.

      (Added to NRS by 1997, 3433; A 2001, 2037; 2007, 1176, 2612; 2009, 362)

      NRS 293C.325  Duties of city clerk upon receipt of absent ballot from voter: Deposit of voted ballot; delivery for counting. [Effective January 1, 2014.]

      1.  Except as otherwise provided in subsection 2 and NRS 293D.200, when an absent ballot is returned by a registered voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

      2.  Except as otherwise provided in NRS 293D.200, if an absent ballot central counting board has been appointed, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, the county clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against the original signature of the voter on the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast a ballot, the city clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293C.267 or 293C.297.

      (Added to NRS by 1997, 3433; A 2001, 2037; 2007, 1176, 2612; 2009, 362; 2013, 32, effective January 1, 2014)

      NRS 293C.327  Voting absent ballot in person in city clerk’s office.

      1.  If:

      (a) A request for an absent ballot is made by a registered voter in person; and

      (b) The governing body of the city, pursuant to paragraph (b) of subsection 2 of NRS 293C.110, has provided for voting by absent ballot in person,

Ê the city clerk shall issue an absent ballot to the registered voter, and the ballot must be voted on the premises of the city clerk’s office and returned to the city clerk. The city clerk shall follow the same procedure as in the case of absent ballots received by mail.

      2.  If the governing body of the city has provided for voting by absent ballot in person pursuant to paragraph (b) of subsection 2 of NRS 293C.110, at least 20 days before a primary city election or general city election until 5 p.m. on:

      (a) The Friday before the election; or

      (b) If the office of a city clerk is not scheduled to be open on the Friday before the election, the Thursday before the election,

Ê each city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of the city clerk’s office for use by registered voters who are issued absent ballots in accordance with this section.

      (Added to NRS by 1997, 3433; A 1999, 271, 679)

      NRS 293C.328  Electioneering prohibited near city clerk’s office during period office maintained for voting absent ballot in person; penalty.

      1.  During the period specified in subsection 2 of NRS 293C.327 when the city clerk’s office is maintained with suitable equipment for voting an absent ballot in person:

      (a) A person may not electioneer for or against any candidate, measure or political party in or within 100 feet from the entrance to the city clerk’s office.

      (b) The city clerk shall keep continuously posted:

             (1) At each entrance to the city clerk’s office, a sign on which is printed in large letters “Polling Place for Voting Absent Ballots”; and

             (2) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters “Distance Marker: No electioneering between this point and any entrance to the city clerk’s office.”

      2.  Ropes or other suitable objects may be used at the city clerk’s office to ensure compliance with this section.

      3.  Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.

      (Added to NRS by 1999, 266)

      NRS 293C.330  Procedure for voting after requesting absent ballot; unlawful return of ballot; penalty.

      1.  Except as otherwise provided in subsection 2 of NRS 293C.322 and chapter 293D of NRS, and any regulations adopted pursuant thereto, when an absent voter receives an absent ballot, the absent voter must mark and fold it in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his or her signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:

      (a) The office of the city clerk, the absent voter must mark the ballot, seal it in the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the envelope to the city clerk.

      (b) A polling place, including, without limitation, a polling place for early voting, the absent voter must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Cancelled.”

      3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the city clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

      (a) Provides satisfactory identification;

      (b) Is a registered voter who is otherwise entitled to vote; and

      (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

      4.  Except as otherwise provided in NRS 293C.317, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of the voter’s family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the city clerk that the person is a member of the family of the voter who requested the absent ballot and that the voter requested that the person return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1997, 3433; A 1999, 679, 2167; 2001, 2037, 2960; 2003, 200, 210; 2007, 1177, 2613; 2011, 1930)

      NRS 293C.332  Procedure for depositing absent ballots in ballot box. [Effective through December 31, 2013.]  On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the city clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots in the regular ballot box in the following manner:

      1.  The name of the voter, as shown on the return envelope or facsimile, must be called and checked as if the voter were voting in person;

      2.  The signature on the back of the return envelope or on the facsimile 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 a 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 roster opposite the name of the voter the word “Voted.”

      (Added to NRS by 1997, 3434; A 2001, 2038; 2007, 1177, 2613; 2011, 3285)

      NRS 293C.332  Procedure for depositing absent ballots in ballot box. [Effective January 1, 2014.]  Except as otherwise provided in NRS 293D.200, on the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the city clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots in the regular ballot box in the following manner:

      1.  The name of the voter, as shown on the return envelope or facsimile, must be called and checked as if the voter were voting in person;

      2.  The signature on the back of the return envelope or on the facsimile 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 a 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 roster opposite the name of the voter the word “Voted.”

      (Added to NRS by 1997, 3434; A 2001, 2038; 2007, 1177, 2613; 2011, 3285; 2013, 33, effective January 1, 2014)

      NRS 293C.335  Empty envelopes and rejected ballots to be returned to city clerk. [Effective through December 31, 2013.]  When all absent ballots delivered to precinct or district election boards have been voted or rejected, the empty envelopes and the envelopes containing rejected ballots must be returned to the city clerk. On all envelopes containing the rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.

      (Added to NRS by 1997, 3434)

      NRS 293C.335  Empty envelopes and rejected ballots to be returned to city clerk. [Effective January 1, 2014.]  When all absent ballots delivered to precinct or district election boards have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected ballots must be returned to the city clerk. On all envelopes containing the rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.

      (Added to NRS by 1997, 3434; A 2013, 33, effective January 1, 2014)

      NRS 293C.340  Duty of city clerk to provide ballot box for each ballot listing if absent ballot central counting board appointed; deposit of voted ballots. [Effective through December 31, 2013.]

      1.  In cities in which an absent ballot central counting board is appointed, the city clerk shall provide a ballot box in the city clerk’s office for each different ballot listing in the city.

      2.  On each box there must appear a statement indicating the precincts and district for which the box has been designated.

      3.  Each absent ballot voted must be deposited in a ballot box according to the precinct or district of the absent voter voting that ballot.

      (Added to NRS by 1997, 3434)

      NRS 293C.340  Duty of city clerk to provide ballot box for each ballot listing if absent ballot central counting board appointed; deposit of voted ballots. [Effective January 1, 2014.]

      1.  In cities in which an absent ballot central counting board is appointed, the city clerk shall provide a ballot box in the city clerk’s office for each different ballot listing in the city.

      2.  On each box there must appear a statement indicating the precincts and district for which the box has been designated.

      3.  Except as otherwise provided in NRS 293D.200, each absent ballot voted must be deposited in a ballot box according to the precinct or district of the absent voter voting that ballot.

      (Added to NRS by 1997, 3434; A 2013, 33, effective January 1, 2014)

VOTING IN MAILING PRECINCTS

      NRS 293C.342  Eligibility of certain voters to vote by mail; effect of city clerk designating precinct as mailing precinct.

      1.  A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding city general election, or in a precinct in which it appears to the satisfaction of the city clerk and Secretary of State that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in NRS 293C.345 to 293C.352, inclusive.

      2.  Whenever the city clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the manner provided in NRS 293C.345 to 293C.352, inclusive.

      (Added to NRS by 1997, 3434; A 2011, 2103)

      NRS 293C.345  Duty of city clerk to mail official mailing ballots to registered voters; exception.  Except as otherwise provided in NRS 293C.115, the city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the third Thursday in March and before 5 p.m. on the fourth Tuesday in May of any year in which a general city election is held, an official mailing ballot to be voted by the voter at the election.

      (Added to NRS by 1997, 3435; A 1999, 3556; 2003, 678)

      NRS 293C.347  Enrollment of eligible voter’s name; procedure for mailing of ballot and voting supplies by city clerk.

      1.  The city clerk shall:

      (a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;

      (b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;

      (c) Mark the number of the ballot on the return envelope; and

      (d) Mail the ballot to the registered voter.

      2.  The ballot must be accompanied by:

      (a) A return envelope;

      (b) An envelope or similar device into which the ballot is inserted to ensure its secrecy;

      (c) A sample ballot; and

      (d) Instructions regarding the manner of marking and returning the ballot.

      (Added to NRS by 1997, 3435; A 1999, 679; 2007, 1178, 2614)

      NRS 293C.350  Marking and return of mailing ballot by voter.  Upon receipt of a mailing ballot from the city clerk, the registered voter must:

      1.  Immediately after opening the envelope, mark and fold the ballot;

      2.  Place the ballot in the return envelope;

      3.  Affix his or her signature on the back of the envelope; and

      4.  Mail or deliver the envelope to the city clerk.

      (Added to NRS by 1997, 3435; A 2007, 1178, 2614)

      NRS 293C.352  Duties of city clerk upon receipt of envelope which contains mailing ballot.  Upon receipt of the return envelope from the registered voter, the city clerk shall follow the same procedure as in the case of absent ballots.

      (Added to NRS by 1997, 3436)

EARLY VOTING BY PERSONAL APPEARANCE

      NRS 293C.355  Applicability of provisions.  The provisions of NRS 293C.355 to 293C.361, inclusive, apply to a city only if the governing body of the city has provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110.

      (Added to NRS by 1999, 267)

      NRS 293C.356  Issuance of ballots; voting booth for use by persons issued ballots.

      1.  If a request is made to vote early by a registered voter in person, the city clerk shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of the clerk’s office and returned to the clerk.

      2.  On the dates for early voting prescribed in NRS 293C.3568, each city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of the city clerk’s office for use by registered voters who are issued ballots for early voting in accordance with this section.

      (Added to NRS by 1993, 2169; A 1995, 2626, 2777; 1997, 668, 671, 2778; 1999, 690; 2007, 1178, 2615)

      NRS 293C.3561  City clerk to establish criteria for selection of permanent and temporary polling places for early voting by personal appearance.

      1.  The permanent and temporary polling places for early voting by personal appearance must satisfy the criteria to be used to select permanent and temporary polling places for early voting by personal appearance provided by the city clerk pursuant to subsection 2.

      2.  The city clerk shall:

      (a) Provide by rule or regulation for the criteria to be used to select permanent and temporary polling places for early voting by personal appearance; and

      (b) At a meeting of the city council or other governing body of the city, inform the city council or other governing body of the sites selected as permanent and temporary polling places for early voting by personal appearance.

      (Added to NRS by 2005, 2290)

      NRS 293C.3564  Permanent polling places for early voting.

      1.  The city clerk may establish permanent polling places for early voting by personal appearance in the city at the locations selected pursuant to NRS 293C.3561.

      2.  Any person entitled to vote early by personal appearance may do so at any polling place for early voting.

      (Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671, 2778; 1999, 690; 2005, 2293)

      NRS 293C.3568  Period for early voting; hours for permanent polling places.

      1.  The period for early voting by personal appearance begins the third Saturday preceding a primary city election or general city election, and extends through the Friday before election day, Sundays and federal holidays excepted.

      2.  The city clerk may:

      (a) Include any Sunday or federal holiday that falls within the period for early voting by personal appearance.

      (b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.

      3.  A permanent polling place for early voting must remain open:

      (a) On Monday through Friday:

             (1) During the first week of early voting, from 8 a.m. until 6 p.m.

             (2) During the second week of early voting, from 8 a.m. until 6 p.m., or until 8 p.m. if the city clerk so requires.

      (b) On any Saturday that falls within the period for early voting, for at least 4 hours between 10 a.m. and 6 p.m.

      (c) If the city clerk includes a Sunday that falls within the period for early voting pursuant to subsection 2, during such hours as the city clerk may establish.

      (Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671, 2778; 1999, 690; 2007, 2615; 2011, 3286)

      NRS 293C.3572  Temporary branch polling places.

      1.  In addition to permanent polling places for early voting, the city clerk may establish temporary branch polling places for early voting pursuant to NRS 293C.3561.

      2.  The provisions of subsection 3 of NRS 293C.3568 do not apply to a temporary polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the city clerk.

      3.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

      4.  The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

      (Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671, 2779; 1999, 690; 2005, 2293)

      NRS 293C.3576  Schedule of locations and times for early voting.

      1.  The city clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:

      (a) The location of each permanent and temporary polling place for early voting and the election precincts served by each location.

      (b) The dates and hours that early voting will be conducted at each location.

      2.  The city clerk shall post a copy of the schedule on the bulletin board used for posting notice of the meetings of the city council. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.

      3.  The city clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.

      4.  No additional polling places for early voting may be established after the schedule is published pursuant to this section.

      (Added to NRS by 1993, 2170; A 1997, 2779; 1999, 690)

      NRS 293C.358  Appointment of deputy clerks.

      1.  The city clerk shall appoint for each polling place for early voting a deputy clerk for early voting who must serve as the election officer in charge of the polling place.

      2.  The city clerk may also appoint as many additional deputy clerks as he or she deems necessary for the proper conduct of the election.

      (Added to NRS by 1993, 2170; A 1997, 2779; 1999, 690)

      NRS 293C.3583  Preparation of mechanical recording devices before polls open each day.  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance, the election board shall, before the polls open on each day during that period:

      1.  Prepare each mechanical recording device for voting.

      2.  Ensure that each mechanical recording device will not register any ballots which were previously voted on the mechanical recording device as having been voted on that day.

      (Added to NRS by 1995, 2773; A 1999, 690)

      NRS 293C.3585  Procedure for voting.

      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 a facsimile thereof, the card issued to the voter at the time of registration or some other piece of official identification.

      2.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to determine that the voter has not already voted pursuant to this section.

      3.  The roster for early voting must contain:

      (a) The voter’s name, the address where he or she is registered to vote, his or her 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 a ballot and has identified himself or herself to the satisfaction of the deputy clerk for early voting, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.

      5.  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 the voting receipt, if the city clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      6.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293C.292.

      (Added to NRS by 1993, 2170; A 1995, 2267, 2779; 1997, 668, 671, 2780; 1999, 690; 2007, 1179, 2615)

      NRS 293C.3594  Security precautions.

      1.  A plan for the security of ballots for early voting must be submitted to the Secretary of State for approval no later than 90 days before the election at which early voting is to be conducted.

      2.  At the close of early voting each day, the deputy clerk for early voting shall secure each voting machine used for early voting in a manner prescribed by the Secretary of State so that its unauthorized operation is prevented.

      3.  All materials for early voting must be delivered to the city clerk’s office at the close of voting on the last day for voting at the polling place for early voting.

      (Added to NRS by 1993, 2171; A 1995, 2780; 1997, 2781; 1999, 690)

      NRS 293C.3604  Mechanical recording devices: Duties of election board at close of each voting day; duties of ballot board for early voting and clerks at close of last voting day.  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; and

             (5) The number of signatures in the roster for early voting for that day.

      (b) Secure:

             (1) The ballots pursuant to the plan for security required by NRS 293C.3594; and

             (2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293C.3594.

      2.  At the close of the last voting day, the city clerk shall deliver to the ballot board for early voting:

      (a) The statements for all polling places for early voting;

      (b) The voting rosters used for early voting;

      (c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and

      (d) Any other items as determined by the city clerk.

      3.  Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:

      (a) Sort the items by precinct or voting district;

      (b) Count the number of ballots voted by precinct or voting district;

      (c) Account for all ballots on an official statement of ballots; and

      (d) Place the items in the container provided to transport those items to the central counting place and seal the container with a number seal. The official statement of ballots must accompany the items to the central counting place.

      (Added to NRS by 1995, 2773; A 1997, 2782; 1999, 690; 2007, 2616)

      NRS 293C.3606  Returns; secrecy of ballots; disseminating information about count of returns before polls close prohibited; penalty.

      1.  After 8 a.m. on election day, the appropriate board shall count in public the returns for early voting.

      2.  The returns for early voting must not be reported until after the polls have closed on election day.

      3.  The returns for early voting may be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of the voter’s ballot.

      4.  The city clerk shall develop a procedure to ensure that each ballot is kept secret.

      5.  Any person who disseminates to the public information relating to the count of returns for early voting before the polls close is guilty of a gross misdemeanor.

      (Added to NRS by 1993, 2172; A 1995, 2627, 2781; 1997, 668, 671, 2783; 1999, 690)

      NRS 293C.3608  Delivery to central counting place of printed record of votes recorded on mechanical recording device during period for early voting and of related items and devices.  On election day, the city clerk shall:

      1.  Ensure that each mechanical recording device used during the period for early voting provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

      2.  Deliver to the central counting place:

      (a) The items sorted and counted pursuant to subsection 3 of NRS 293C.3604;

      (b) The records printed on paper provided pursuant to subsection 1; and

      (c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting.

      (Added to NRS by 1995, 2774; A 1997, 2783; 1999, 690)

      NRS 293C.361  Electioneering prohibited near polling place; penalty.

      1.  During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within 100 feet from the entrance to the voting area.

      2.  During the period of early voting, the city clerk shall keep continuously posted:

      (a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located, a sign on which is printed in large letters “Polling Place for Early Voting”; and

      (b) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters “Distance Marker: No electioneering between this point and the entrance to the polling place.”

      3.  Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.

      4.  Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.

      (Added to NRS by 1993, 2172; A 1997, 80, 2783, 2792; 1999, 690)

RETURNS AND CANVASS

      NRS 293C.3615  Record made by city clerk of receipt at central counting place of sealed container used to transport official ballots.  The city clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293C.295, 293C.325, 293C.630 and 293C.635. The record must include the numbers indicated on the container and its seal pursuant to NRS 293C.700.

      (Added to NRS by 1997, 3436; A 2001, 2039; 2007, 2617)

      NRS 293C.362  Preparation by counting board to count paper ballots.  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, the counting board shall prepare in the following manner:

      1.  The container that holds the ballots or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to determine whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If 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.

      2.  If the ballots in the container or box are found to exceed the number of names as are indicated on the roster as having voted, the ballots must be replaced in the container or box and a counting board officer shall, with his or her back turned to the container or box, draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the city clerk with the other ballots rejected for any cause.

      3.  When it has been determined that the number of ballots agrees with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      (Added to NRS by 1997, 3436; A 2001, 2039; 2007, 1180, 2617)

      NRS 293C.365  Accounting for used and unused ballots.  A counting board in any precinct or district in which paper ballots are used may not begin to count the votes until all ballots used or unused are accounted for.

      (Added to NRS by 1997, 3436)

      NRS 293C.367  Rejection of ballots; regulations for counting ballots.

      1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

      2.  Regulations for counting ballots must include provisions that:

      (a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

      (b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

      (c) Only devices provided for in this chapter or chapter 293 or 293B of NRS may be used in marking ballots.

      (d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

      (e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.

      (Added to NRS by 1997, 3436; A 2001, 2040; 2007, 1181, 2617)

      NRS 293C.368  Errors in information on certain form not grounds for rejection of absent ballot.  An error in the information included by a political party in a form to request an absent ballot does not constitute grounds for rejecting an absent ballot cast by the voter.

      (Added to NRS by 2001, 2035)

      NRS 293C.369  Standards for counting votes; regulations.

      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 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.

      3.  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; 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, including, without limitation, a vote cast on a mechanical recording device which directly records the votes electronically.

      (Added to NRS by 2001, 2034; A 2007, 1181, 2618)

      NRS 293C.370  Counting of votes cast for deceased candidate.  Except as otherwise provided in NRS 293C.115:

      1.  Whenever a candidate whose name appears upon the ballot at a primary city election dies after 5 p.m. of the first Tuesday after the first Monday in March, the deceased candidate’s name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.

      2.  If the deceased candidate on the ballot at the primary city election receives the number of votes required to receive the nomination to the office for which he or she was a candidate, the nomination is filled as provided in subsection 2 of NRS 293C.190.

      3.  Whenever a candidate whose name appears upon the ballot at a general city election dies after 5 p.m. of the second Tuesday after the second Monday in April, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.

      4.  If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, the deceased candidate shall be deemed elected and the office to which he or she was elected shall be deemed vacant at the beginning of the term for which he or she was elected. The vacancy created must be filled in the same manner as if the candidate had died after taking office for that term.

      (Added to NRS by 1997, 3437; A 1999, 3556; 2003, 678, 1710, 1713)

      NRS 293C.372  Procedure for completion of tally lists.  When all the votes have been counted, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes the candidate received. The vote for and against any question submitted to the electors must be entered in the same manner.

      (Added to NRS by 1997, 3437; A 2007, 2619; 2011, 3073)

      NRS 293C.375  Duties of officers of counting board after ballots counted if paper ballots used.  If paper ballots are used:

      1.  After the ballots have been counted, the voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the city clerk.

      2.  The other rosters and tally lists and the election board register must be returned to the city clerk.

      (Added to NRS by 1997, 3437; A 2001, 2961; 2007, 1182, 2619)

      NRS 293C.380  Posting of copies of voting results.

      1.  Except as otherwise provided in subsection 2, each counting board, before it adjourns, shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.

      2.  If votes are cast on ballots that are mechanically or electronically tabulated in accordance with the provisions of this chapter or chapter 293 or 293B of NRS, the city clerk shall, as soon as possible, post copies of the tabulated voting results:

      (a) On an Internet website maintained by the city or the city clerk, if any, including, without limitation, a website maintained by the city clerk pursuant to NRS 293C.715; and

      (b) In a conspicuous place on the outside of the counting facility, courthouse or city hall. Copies of the voting results posted pursuant to this paragraph must be posted not later than the start of business on the day immediately following the day of the election.

      3.  Each copy of the voting results posted in accordance with subsections 1 and 2 must set forth the accumulative total of all the votes cast within the city conducting the election.

      (Added to NRS by 1997, 3438; A 2009, 519)

      NRS 293C.382  Initial withdrawal of absent ballots from ballot boxes; verification of proper number of absent ballots; procedure for counting.

      1.  Not earlier than 4 working days before the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw the ballots from each ballot box or container that holds absent ballots received before that day and determine whether each box or container has the required number of ballots according to the city clerk’s absent voters’ record.

      2.  The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.

      (Added to NRS by 1997, 3438; A 2001, 2040; 2007, 2619)

      NRS 293C.385  Withdrawal of absent ballots from ballot boxes after initial withdrawal; verification of proper number and counting of absent ballots; reporting results of count; disseminating information about count before polls close prohibited; penalty.

      1.  Each day after the initial withdrawal of the ballots pursuant to NRS 293C.382 and before the day of the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the ballots received the previous day and determine whether each box or container has the required number of ballots according to the city clerk’s absent voters’ ballot record.

      2.  If any absent ballots are received by the city clerk on election day pursuant to NRS 293C.317, the city clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.

      3.  Not earlier than 4 working days before the election, the appropriate board shall, in public, count the votes cast on the absent ballots.

      4.  If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the city clerk, who shall have the results added to the regular votes of the precinct. The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot. The city clerks shall develop a procedure to ensure that each ballot is kept secret.

      5.  Any person who disseminates to the public information relating to the count of absent ballots before the polls close is guilty of a misdemeanor.

      (Added to NRS by 1997, 3438; A 2001, 2040; 2007, 1182, 2619)

      NRS 293C.387  Returns filed with city clerk; canvass of returns; preparation and entering of abstract of votes; limitation on inspection of returns; certificates of election.

      1.  The election returns from a special election, primary city election or general city election must be filed with the city clerk, who shall immediately place the returns in a safe or vault designated by the city clerk. No person may handle, inspect or in any manner interfere with the returns until they are canvassed by the mayor and the governing body of the city.

      2.  After the governing body of a city receives the returns from all the precincts and districts in the city, it shall meet with the mayor to canvass the returns. The canvass must be completed on or before the sixth working day following the election.

      3.  In completing the canvass of the returns, the governing body of the city and the mayor shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

      4.  After the canvass is completed, the governing body of the city and mayor shall declare the result of the canvass.

      5.  The city clerk shall enter upon the records of the governing body of the city an abstract of the result. The abstract must be prepared in the manner prescribed by regulations adopted by the Secretary of State and must contain the number of votes cast for each candidate.

      6.  After the abstract is entered, the:

      (a) City clerk shall seal the election returns, maintain them in a vault for at least 22 months and give no person access to them during that period, unless access is ordered by a court of competent jurisdiction or by the governing body of the city.

      (b) Governing body of the city shall, by an order made and entered in the minutes of its proceedings, cause the city clerk to:

             (1) Certify the abstract;

             (2) Make a copy of the certified abstract;

             (3) Make a mechanized report of the abstract in compliance with regulations adopted by the Secretary of State;

             (4) Transmit a copy of the certified abstract and the mechanized report of the abstract to the Secretary of State within 7 working days after the election; and

             (5) Transmit on paper or by electronic means to each public library in the city, or post on a website maintained by the city or the city clerk on the Internet or its successor, if any, a copy of the certified abstract within 30 days after the election.

      7.  After the abstract of the results from a:

      (a) Primary city election has been certified, the city clerk shall certify the name of each person nominated and the name of the office for which the person is nominated.

      (b) General city election has been certified, the city clerk shall:

             (1) Issue under his or her hand and official seal to each person elected a certificate of election; and

             (2) Deliver the certificate to the persons elected upon their application at the office of the city clerk.

      8.  The officers elected to the governing body of the city qualify and enter upon the discharge of their respective duties on the first regular meeting of that body next succeeding that in which the canvass of returns was made pursuant to subsection 2.

      (Added to NRS by 1997, 3439; A 2003, 2256; 2007, 622; 2009, 519)

      NRS 293C.389  Inclusion of inactive voters in reports of votes prohibited.  The governing body of a city, a city clerk and any other person who prepares an abstract of votes or other report of votes pursuant to this chapter shall not include in that abstract or report a person designated as an inactive voter pursuant to subsection 7 of NRS 293.530 when determining the percentage of voters who have voted or the total number of voters.

      (Added to NRS by 1999, 1395)

      NRS 293C.390  Disposition and inspection of ballots, lists, stubs and records of voted ballots after canvass by governing body of city.

      1.  The voted ballots, rejected ballots, spoiled ballots, challenge lists, records printed on paper of voted ballots collected pursuant to NRS 293B.400, and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the governing body of the city, be sealed and deposited in the vaults of the city clerk. The tally lists collected pursuant to NRS 293B.400 must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months, and all such sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city or, if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials.

      2.  Unused ballots, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

      3.  The rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.

      4.  A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1 or 2, except the voted ballots.

      5.  The voted ballots deposited with the city clerk are not subject to the inspection of any person, except in cases of a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.

      6.  As used in this section, “vaults of the city clerk” means any place of secure storage designated by the city clerk.

      (Added to NRS by 1997, 3440; A 1999, 2168; 2001, 2961; 2003, 1660; 2007, 2620; 2009, 520)

      NRS 293C.395  Prohibitions against withholding certificate of election or commission.  A certificate of election or commission must not be withheld from the person having the highest number of votes for the city office because of any contest of election filed in the city election or any defect or informality in the returns of any city election, if it can be ascertained with reasonable certainty from the returns what city office is intended and who is entitled to the certificate or commission.

      (Added to NRS by 1999, 267)

REGISTRATION OF VOTERS; REGISTRARS

      NRS 293C.520  Designation by city clerk of building owned or leased by city as municipal facility at which electors may register to vote.

      1.  The city clerk may designate any building owned or leased by the city, or any portion of such a building, as a municipal facility at which electors may register to vote.

      2.  A municipal facility designated pursuant to subsection 1 must be operated as an auxiliary municipal facility at which voter registration is carried out in addition to being carried out at the office of the city clerk.

      3.  If the city clerk designates a municipal facility pursuant to subsection 1, the city clerk shall determine the hours of operation for the facility and shall, in cooperation with the Secretary of State, ensure that the facility is operated, staffed and equipped in compliance with all applicable provisions of title 24 of NRS and all other applicable provisions of state and federal law relating to the registration of electors in this State.

      (Added to NRS by 2005, 313)

      NRS 293C.525  Transfer of registration when residence changed from one precinct to another within same city or changed within same precinct; oral or written affirmation of elector; right of elector to vote.

      1.  Any elector who is registered to vote and has changed residence after the last preceding general city election and who fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530 or 293.535 who moved:

      (a) From one precinct to another within the same city must be allowed to vote in the precinct where the elector previously resided after providing an oral or written affirmation before an election board officer attesting to his or her new address.

      (b) Within the same precinct must be allowed to vote after providing an oral or written affirmation before an election board officer attesting to his or her new address.

      2.  If an elector alleges that the records in the registrar of voters’ register or the election board register incorrectly indicate that the elector has changed residence, the elector must be allowed to vote after providing an oral or written affirmation before an election board officer attesting that he or she continues to reside at the same address.

      3.  If an elector refuses to provide an oral or written affirmation attesting to his or her address as required by this section, the elector may only vote at the special polling place in the city in the manner set forth in NRS 293C.295.

      (Added to NRS by 1997, 3440)

      NRS 293C.527  Close of registration; exception; office of city clerk to be open certain hours during last days before registration closes; publication of day and time registration closes; elector required to register to vote in person or by computer during certain period; hours of operation for municipal facility for voter registration.

      1.  Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300, registration must close on the third Tuesday preceding any primary city election or general city election and on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close on the third Tuesday preceding the day of the elections.

      2.  For a primary city election or special city election, the office of the city clerk must be open until 7 p.m. during the last 2 days on which registration is open. In a city whose population is less than 25,000, the office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

      3.  For a general election:

      (a) In a city whose population is less than 25,000, the office of the city clerk must be open until 7 p.m. during the last 2 days on which registration is open. The office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

      (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 4 days on which registration is open, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

      4.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating:

             (1) The day and time that registration will be closed; and

             (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.

Ê If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      5.  For the period beginning on the fifth Sunday preceding any primary city election or general city election and ending on the third Tuesday preceding any primary city election or general city election, an elector may register to vote only:

      (a) By appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520; or

      (b) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters.

      6.  A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.

      (Added to NRS by 1997, 3441; A 2003, 1726, 2189; 2005, 313; 2011, 1931, 3073; 2013, 3829)

      NRS 293C.530  Sample ballots: Contents; mailing; notice of location of polling place; notice if location of polling place changed; form of ballot; cost of mailing responsibility of city.

      1.  Before the period for early voting for any election begins, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:

      (a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      2.  Except as otherwise provided in subsection 4, a sample ballot required to be mailed pursuant to this section must:

      (a) Be printed in at least 12-point type;

      (b) Include the description of the anticipated financial effect and explanation of each citywide measure and advisory question, including arguments for and against the measure or question, as required pursuant to NRS 295.205 or 295.217; and

      (c) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      3.  The word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent, if required pursuant to NRS 293.2565.

      4.  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.

      5.  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.

      6.  If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.

      7.  The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the city clerk has provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the city clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at the voter’s regularly designated polling place.

      8.  The cost of mailing sample ballots for a city election must be borne by the city holding the election.

      (Added to NRS by 1997, 3441; A 2001, 1438, 2002, 2962; 2003, 200, 208, 210, 1660, 1710, 3198; 2007, 1183, 2531; 2011, 2103; 2013, 649)

      NRS 293C.532  Persons entitled to vote; authority of governing body of city to provide supplemental registration.

      1.  Each person who resides within the boundaries of the city at the time of the holding of any city election, and whose name appears upon the statewide voter registration list as a registered voter of the city, is entitled to vote at each special election, primary city election and general city election, and for all officers to be voted for and on all questions submitted to the people at those elections except as otherwise provided in chapter 266 of NRS.

      2.  The governing body of a city may provide for a supplemental registration.

      (Added to NRS by 1997, 3442; A 2003, 2189)

      NRS 293C.535  Procedure for registration of electors in incorporated cities; preparation of official election board register.

      1.  Except as otherwise provided by special charter, registration of electors in incorporated cities must be accomplished in the manner provided in this chapter.

      2.  The county clerk shall use the statewide voter registration list to prepare for the city clerk of each incorporated city within the county the election board register of all electors eligible to vote at a regular or special city election.

      3.  The official register must be prepared in suitable books, one for each ward or other voting district within each incorporated city. The entries in the election board register must be arranged alphabetically with the surnames first.

      4.  The county clerk shall keep duplicate originals or copies of the applications to register to vote contained in the official register in the county clerk’s office.

      (Added to NRS by 1997, 3442; A 2003, 2189)

      NRS 293C.540  Delivery of official register by county clerk to city clerk.  Not later than 3 days before the day on which any regular or special city election is held, the county clerk shall deliver to the city clerk the official register for the city.

      (Added to NRS by 1997, 3442; A 2001, 2962)

      NRS 293C.542  Authority of governing body to publish list of registered voters.  The governing body of a city may cause a list of the electors registered to vote at any city election to be published.

      (Added to NRS by 1997, 3442)

      NRS 293C.545  City required to compensate county registrar for certain services; payment from city general fund.

      1.  As full compensation for all services rendered pursuant to the provisions of NRS 293C.120 and 293C.535 to 293C.542, inclusive, the county registrar is entitled to receive on behalf of the county the sum of 15 cents for each name of an elector copied, regardless of the number of times each name is copied.

      2.  The account of the county registrar:

      (a) Is a claim against the city.

      (b) Must be made out so as to indicate clearly the number of names copied.

      (c) Must be sworn to and filed with the governing body of the city.

      3.  The claim, including all other just and reasonable demands of other persons for books, advertising and supplies necessarily incurred in carrying out the provisions of NRS 293C.120 and 293C.535 to 293C.542, inclusive, must be audited and paid out of the general fund of the city.

      4.  All money received by the county registrar pursuant to this section must be deposited for credit to the general fund of the county.

      (Added to NRS by 1997, 3442)

MECHANICAL VOTING SYSTEMS

Administration

      NRS 293C.600  Preparation of computer program used to run computer or counting device; protection of program.

      1.  Before any election where a mechanical voting system will be used, the city clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:

      (a) All lawful votes cast by each voter must be counted.

      (b) All unlawful votes, including, but not limited to, overvotes must not be counted.

      (c) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered that lacks a code identifying the precinct in which it was voted.

      2.  The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.

      3.  The city clerk shall take such measures as he or she deems necessary to protect the program from being altered or damaged.

      (Added to NRS by 1997, 3443)

      NRS 293C.615  Accuracy certification board to observe conduct of tests on equipment for mechanical voting; representatives of candidates and press authorized to observe.

      1.  The accuracy certification board shall observe the conduct of the tests prescribed by NRS 293B.150 and 293B.165.

      2.  Representatives of the candidates and the press may also observe the conduct of those tests.

      (Added to NRS by 1997, 3443)

      NRS 293C.620  Issuance of ballots; procedure for voting.

      1.  At each election, a member of the election board for a precinct shall issue each voter a ballot.

      2.  If a mechanical voting system is used in a primary city election whereby votes are directly recorded electronically, a member of the election board shall, if the clerk uses voting receipts, in addition to the ballot described in subsection 1, issue the voter a voting receipt.

      3.  The member of the election board shall direct the voter to a mechanical recording device containing a list of offices and candidates.

      (Added to NRS by 1997, 3443; A 2007, 1184, 2620)

Processing of Ballots

      NRS 293C.625  Early pickup and delivery of ballots to central counting place; processing of ballots before polls close.  The city clerk may order deputized officers to pick up all voted ballots from any or all of the precincts or districts after the polls have been opened for 5 hours. At least two deputized officers shall deliver any ballots that are picked up early to the central counting place. The various boards operating the central counting place may begin to process those ballots upon receipt, but no reports may be printed by the counting device or computer until the polls have closed. Any ballots that are picked up early must be transported to the central counting place in the manner prescribed in NRS 293C.635.

      (Added to NRS by 1997, 3444)

      NRS 293C.630  Duties of election board upon and after closing of polls; public may observe handling of ballots.

      1.  Upon closing of the polls, the election board shall:

      (a) Secure all mechanical recording devices against further voting.

      (b) If a mechanical voting system is used whereby votes are directly recorded electronically:

             (1) Ensure that each mechanical recording device:

                   (I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

                   (II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.

             (2) Count the number of ballots voted at the polling place.

             (3) Account for all ballots on the statement of ballots.

             (4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the city clerk into the container provided by the city clerk to transport those items to a central counting place and seal the container.

      (c) Record the number of voters on a form provided by the city clerk.

      2.  If a difference exists between the number of voters and the number of ballots voted, the election board shall report the difference and any known reasons for the difference, in writing, to the city clerk.

      3.  After closing the polls, the election board shall:

      (a) Compare the quantity of the supplies furnished by the city clerk with the inventory of those supplies; and

      (b) Note any shortages.

      4.  The city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.

      (Added to NRS by 1997, 3444; A 2001, 1953; 2007, 1184, 2621)

      NRS 293C.635  Procedure for delivery of ballots and election materials to receiving center or central counting place; disposition of other materials; members of general public allowed to observe delivery.

      1.  The chair and at least one other member of the election board shall deliver the sealed container to a receiving center or to the central counting place, as directed by the city clerk.

      2.  The chair shall provide for the transportation or other disposition of all other supplies and election materials as directed by the city clerk.

      3.  Any member of the general public may observe the delivery of a sealed container to a receiving center or to the central counting place if he or she does not interfere with the delivery of the sealed container.

      (Added to NRS by 1997, 3444)

      NRS 293C.640  Creation of special election boards; appointment of members to boards.

      1.  To facilitate the processing and computation of votes cast at an election conducted under a mechanical voting system, the city clerk shall create a computer program and processing accuracy board, and may create:

      (a) A central ballot inspection board;

      (b) An absent ballot mailing precinct inspection board;

      (c) A ballot duplicating board;

      (d) A ballot processing and packaging board; and

      (e) Such additional boards or appoint such officers as the city clerk deems necessary for the expeditious processing of ballots.

      2.  Except as otherwise provided in subsection 3, the city clerk may determine the number of members to constitute any board. The city clerk shall make any appointments from among competent persons who are registered voters in this State. The same person may be appointed to more than one board but must meet the qualifications for each board to which he or she is appointed.

      3.  If the city clerk creates a ballot duplicating board, the city clerk shall appoint to the board at least two members. The members of the ballot duplicating board must not all be of the same political party.

      4.  All persons appointed pursuant to this section serve at the pleasure of the city clerk.

      (Added to NRS by 1997, 3444; A 2001, 2041)

      NRS 293C.645  Duties of central ballot inspection board.  The central ballot inspection board shall:

      1.  Receive the ballots in sealed containers.

      2.  Inspect the containers, record the number indicated on each container and its seal pursuant to NRS 293.462 and remove the storage devices that store the ballots voted on mechanical recording devices that directly record votes electronically.

      3.  Register the numbers of ballots by precinct.

      4.  Deliver any damaged paper ballots to the ballot duplicating board.

      5.  Receive duplicates of damaged paper ballots from the ballot duplicating board and place the duplicates with the voted ballots of the appropriate precinct.

      6.  Place each damaged original paper ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct.

      7.  Reject any paper ballot that has been marked in a way that identifies the voter.

      8.  Place each rejected paper ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct and the reason for the board’s rejection of the ballot.

      (Added to NRS by 1997, 3445; A 2007, 1185, 2621)

      NRS 293C.650  Duties of absent ballot mailing precinct inspection board.  The absent ballot mailing precinct inspection board shall:

      1.  Perform functions similar to those of the central ballot inspection board and the ballot duplicating board as those functions are applicable to absent and mailing ballots.

      2.  Bundle the empty absentee and mailing return envelopes according to ballot type or precinct and deliver the bundles to the city clerk.

      3.  Treat any absentee or mailing envelope found not to contain a ballot as a rejected ballot and place that envelope in a separate larger envelope on which must be written the ballot code or precinct and the reason for the rejection.

      (Added to NRS by 1997, 3445)

      NRS 293C.655  Duties of ballot duplicating board.  The ballot duplicating board shall:

      1.  Receive damaged ballots pursuant to NRS 293C.645, including ballots that have been torn, bent or mutilated.

      2.  Prepare on a distinctly colored, serially numbered ballot marked “duplicate” an exact copy of each damaged ballot.

      3.  Record the serial number of the duplicate ballot on the damaged original ballot and return the damaged and duplicate ballots to the appropriate ballot inspection board.

      4.  Hold aside the duplicated ballots for counting after all other ballots are counted if this procedure is directed by the city clerk.

      (Added to NRS by 1997, 3445; A 2001, 2041; 2007, 1185, 2622)

      NRS 293C.660  Ballot processing and packaging board: Composition; duties.

      1.  The ballot processing and packaging board must be composed of persons who are qualified in the use of the data processing equipment to be operated for the voting count.

      2.  The board shall:

      (a) Allow members of the general public to observe the counting area where the computers are located during the period when ballots are being processed if those members do not interfere with the processing of the ballots.

      (b) Receive ballots and maintain groupings of them by precinct.

      (c) Before each counting of the ballots or computer run begins, validate the testing material with the counting program.

      (d) Maintain a log showing the sequence in which the ballots of each precinct are processed to ensure that the ballots of all precincts are processed.

      (e) After each counting of the ballots, verify the testing material with the counting program to substantiate that there has been no substitution or irregularity.

      (f) Record an explanation of any irregularity that occurs in the processing.

      (g) Collect all returns, programs, testing materials, ballots and other items used in the election at the computer center and package and deliver the items to the city clerk for sealing and storage.

      (Added to NRS by 1997, 3446)

      NRS 293C.665  Computer program and processing accuracy board: Appointment; duties.

      1.  The city clerk shall appoint the members of the computer program and processing accuracy board not later than 7 days before the election in which they will serve.

      2.  The board shall verify that:

      (a) Any invalid voting of a ballot will cause it to be rejected.

      (b) Votes can be counted for each candidate and proposition.

      (c) Any overvote for an office or proposition will cause a rejection of the vote for that office or proposition.

      (d) Where multiple votes may be cast, the maximum number of votes permitted a voter cannot be exceeded without rejecting the vote for that selection, but any undervote will be counted.

      (e) A voter’s omission to vote or the voter’s irregular vote on any particular office or proposition will not prevent the counting of his or her vote as to any other office or proposition on the ballot.

      (Added to NRS by 1997, 3446)

MISCELLANEOUS PROVISIONS

      NRS 293C.700  Construction of containers used to transport official ballots.

      1.  Each container used to transport official ballots pursuant to NRS 293C.295, 293C.325, 293C.630 and 293C.635 must:

      (a) Be constructed of metal or any other rigid material; and

      (b) Contain a seal which is placed on the container to ensure detection of any opening of the container.

      2.  The container and seal must be separately numbered for identification.

      (Added to NRS by 1999, 267; A 2001, 2042; 2007, 2622)

      NRS 293C.710  Loss or destruction of ballots, or other cause preventing election in precinct or district; new election.  If a city election is prevented in any precinct or district by reason of the loss or destruction of the ballots intended for that precinct or district, or any other cause, the election officers for that precinct or district shall make an affidavit setting forth that fact and transmit it to the governing body of the appropriate city. Upon receipt of the affidavit and upon the application of any candidate for any city office to be voted for by the registered voters of that precinct or district, the governing body of the city shall order a new election in that precinct or district.

      (Added to NRS by 1999, 267)

      NRS 293C.715  Website maintained by city clerk for public information relating to elections; requirements.

      1.  If a city clerk maintains a website on the Internet for information relating to elections, the website must contain public information maintained, collected or compiled by the city clerk that relates to elections, which must include, without limitation:

      (a) The locations of polling places for casting a ballot on election day in such a form that a registered voter may search the list to determine the location of the polling place at which the registered voter is required to cast a ballot; and

      (b) The abstract of votes required to be posted on a website pursuant to the provisions of NRS 293C.387.

      2.  The abstract of votes required to be maintained on the website pursuant to paragraph (b) of subsection 1 must be maintained in such a format as to permit the searching of the abstract of votes for specific information.

      3.  If the information required to be maintained by a city clerk pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by the Secretary of State, a county clerk or another city clerk, the city clerk may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.

      (Added to NRS by 2005, 2291)

      NRS 293C.720  City clerks encouraged to provide election information and materials in usable format for persons who are elderly or disabled.  Each city clerk is encouraged to:

      1.  Not later than the earlier date of the first notice provided pursuant to subsection 4 of NRS 293.560 or NRS 293C.187, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293C.281, 293C.282, 293C.310, subsection 1 of NRS 293C.312, NRS 293C.317 and 293C.318.

      2.  Provide in alternative audio and visual formats information concerning elections, information concerning how to register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf.

      3.  Not later than 5 working days after receiving the request of a person who is elderly or disabled, provide to the person, in a format that can be used by the person, any requested material that is:

      (a) Related to elections; and

      (b) Made available by the city clerk to the public in printed form.

      (Added to NRS by 2001, 1436; A 2003, 1661)