[Rev. 1/16/2009 1:30:45 PM]
TITLE 24 - ELECTIONS
GENERAL PROVISIONS
NRS 293.010 Definitions.
NRS 293.013 “Absent ballot” defined.
NRS 293.015 “Absent voter” defined.
NRS 293.016 “Abstract of votes” defined.
NRS 293.017 “Active registration” defined.
NRS 293.025 “Ballot” defined.
NRS 293.026 “Ballot box” defined.
NRS 293.030 “Ballot listing” defined.
NRS 293.032 “Canvass” defined.
NRS 293.033 “Central committee” defined.
NRS 293.034 “Certificate of election” defined.
NRS 293.035 “Challenge list” defined.
NRS 293.038 “City of population category one” defined.
NRS 293.0382 “City of population category two” defined.
NRS 293.0384 “City of population category three” defined.
NRS 293.040 “Clerk” defined.
NRS 293.042 “Contest” defined.
NRS 293.044 “County clerk” defined; synonymous with “registrar of voters” in certain counties.
NRS 293.046 “Deputy clerk” defined.
NRS 293.050 “Election board officer” defined.
NRS 293.053 “Election board register” defined.
NRS 293.055 “Elector” defined.
NRS 293.056 “Facsimile machine” defined.
NRS 293.057 “Filing officer” defined.
NRS 293.059 “General city election” defined.
NRS 293.060 “General election” defined.
NRS 293.063 “Independent candidate” defined.
NRS 293.064 “Judicial office” defined.
NRS 293.0643 “Judicial officer” defined.
NRS 293.065 “Mail” defined.
NRS 293.0655 “Major political party” defined.
NRS 293.0657 “Mechanical recording device” defined.
NRS 293.0659 “Mechanical voting system” defined.
NRS 293.066 “Minor political party” defined.
NRS 293.0675 “Nonpartisan office” defined.
NRS 293.068 “Oath” defined.
NRS 293.070 “Physical disability” defined.
NRS 293.073 “Political party” defined.
NRS 293.075 “Pollbook” defined. [Repealed.]
NRS 293.077 “Precinct” defined.
NRS 293.079 “Primary city election” defined.
NRS 293.080 “Primary election” defined.
NRS 293.082 “Provisional ballot” defined.
NRS 293.090 “Registered voter” defined.
NRS 293.0925 “Registrar of voters’ register” defined.
NRS 293.093 “Regular votes” defined.
NRS 293.094 “Rejected ballot” defined.
NRS 293.095 “Roster” defined.
NRS 293.097 “Sample ballot” defined.
NRS 293.100 “School office” defined.
NRS 293.103 “School officers” defined.
NRS 293.105 “Service of the United States” defined.
NRS 293.107 “Spoiled ballot” defined.
NRS 293.109 “State officer” defined.
NRS 293.111 “Statewide voter registration list” defined.
NRS 293.113 “Tally list” defined.
NRS 293.115 “Township office” defined.
NRS 293.117 “Township officer” defined.
NRS 293.121 “Voting district” defined.
NRS 293.124 Secretary of State to serve as Chief Officer of Elections; regulations.
NRS 293.126 Applicability of chapter to city elections.
NRS 293.127 Liberal construction of title and determination of real will of electors.
NRS 293.1273 Facsimile of signature created by computer to verify or compare signature.
NRS 293.1275 Counting of Saturdays, Sundays and holidays in computing certain periods of time; exceptions.
GENERAL ELECTIONS
NRS 293.12755 Date.
CIRCULATION AND SUFFICIENCY OF CERTAIN PETITIONS
NRS 293.12756 Informational pamphlet concerning petitions; fee. [Repealed.]
NRS 293.127563 Secretary of State to determine number of signatures required for certain petitions.
NRS 293.127565 Use of public buildings to gather signatures on petitions; remedy for violation; regulations.
NRS 293.12757 Qualification to sign petition.
NRS 293.12758 Receipt issued by county clerk; requirements for petition.
NRS 293.1276 County clerk to forward number of signatures to Secretary of State; notice of failure to file required number of signatures; handling of petition.
NRS 293.1277 Verification of signatures by county clerks.
NRS 293.1278 Qualification or disqualification of petition upon receipt of certificates or amended certificates by Secretary of State.
NRS 293.1279 Qualification or disqualification of petition upon verification of signatures.
NRS 293.12793 Appeal with Secretary of State contesting verification of votes; notification of public officer who is subject of petition to recall; consideration and investigation of allegations.
NRS 293.12795 Action by Secretary of State upon review of appeal; judicial review of decision of Secretary of State.
MAJOR POLITICAL PARTIES
NRS 293.128 Procedure for qualification.
NRS 293.130 County conventions: Place; notice.
NRS 293.133 Number of delegates from voting precincts to county convention.
NRS 293.134 Use of room or space occupied by State or local government by state or county central committee.
NRS 293.135 Precinct meetings of registered voters before county convention: Time and place; notice.
NRS 293.137 Election of delegates to county convention; procedure if precinct fails to elect delegates; certificates given to elected delegates; state central committee to adopt written procedural rules.
NRS 293.140 County conventions: Manner of organization; authorized action of delegates.
NRS 293.143 County central committee: Number; change in membership.
NRS 293.145 Number of delegates to state convention.
NRS 293.150 State conventions: Place and actions; additional conventions.
NRS 293.153 Number of members of state central committee.
NRS 293.155 Rules of county and state conventions; delegate must be qualified elector; unit rule of voting prohibited.
NRS 293.157 State and county central committees: Terms of office; termination of membership; vacancies.
NRS 293.160 State and county central committees: Election of officers and executive committee; other powers.
NRS 293.161 Right of participation as delegate to county or state convention or member of county or state central committee.
NRS 293.163 Selection of delegates and alternates to national party convention and members of national committee by state convention in presidential election year.
NRS 293.165 Procedure for filling vacancy in major or minor political party nomination or nonpartisan nomination.
NRS 293.166 Procedure for filling vacancy in party nomination for office of State Senator or Assemblyman from multicounty legislative district.
NRS 293.167 Nomination of party candidates for United States Senator or Representative in Congress.
MINOR POLITICAL PARTIES
NRS 293.171 Procedure for qualification.
NRS 293.1715 Procedure to place candidates’ names on ballot; limitation on number of candidates to appear on ballot.
NRS 293.172 Contents of petition required to place candidates’ names on ballot; limitation on who may sign petition; requirements for signing.
NRS 293.1725 Candidates: Submission of list to Secretary of State; filing of declaration of candidacy and certificate of nomination.
NRS 293.174 Challenge of qualification.
NOMINATIONS
NRS 293.175 Date of primary election; nomination of candidates; applicability of provisions governing nominations.
NRS 293.1755 Residency requirements for candidates; penalty for knowingly and willfully making false statement concerning residency on declaration or acceptance of candidacy; exception.
NRS 293.176 When candidacy for major political party prohibited; exception.
NRS 293.177 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 his civil rights restored.
NRS 293.180 Certificates of candidacy: Requirements; filing; acceptance of candidacy.
NRS 293.181 Declaration of residency required of candidate for Office of State Senator or Assemblyman.
NRS 293.182 Written challenges concerning qualifications of candidates.
NRS 293.184 Penalty for knowingly and willfully making false statement on declaration or acceptance of candidacy.
NRS 293.185 Offices for filing declarations, certificates and acceptances of candidacies.
NRS 293.187 Certification of names of persons for whom candidacy papers have been filed by Secretary of State to county clerks.
NRS 293.190 Certification to county clerks by Secretary of State of names of certain persons nominated.
NRS 293.193 Filing fees.
NRS 293.194 Return of filing fee to certain candidates.
NRS 293.195 Nonpartisan offices.
NRS 293.196 Each office of justice of the Supreme Court constitutes separate office for nomination and election.
NRS 293.197 Each department of district court constitutes separate office for nomination and election; ballots used in certain counties.
NRS 293.198 Each department of Justice Court constitutes separate office for nomination and election.
NRS 293.200 Independent candidates: Qualification; petition of candidacy; time limit for challenge; declaration of candidacy.
NRS 293.202 Withdrawal of candidacy; rescission.
NRS 293.203 Contents and publication of notice of primary or general election.
NRS 293.204 Time for filing declaration or acceptance of candidacy for special election.
ELECTION PRECINCTS
NRS 293.205 Establishment, abolishment, alteration and consolidation; boundaries.
NRS 293.206 Submission of maps to Secretary of State and Legislative Counsel Bureau; determination of statutory compliance; revisions.
NRS 293.207 Establishment on basis of number of voters therein; maximum number of voters; consolidation of precincts.
NRS 293.208 Limitations on creation, division, abolition, consolidation and alteration during certain periods; exceptions.
NRS 293.209 Creation or change of election district during certain period in year of general or general city election prohibited; annexation not prohibited during year of election.
NRS 293.210 Establishment of new election precinct: Petition and conditions.
NRS 293.213 Mailing precincts; absent ballot mailing precincts.
ELECTION BOARDS
NRS 293.217 Appointment of officers by county clerk; appointment of deputy sheriffs for elections; appointment of trainees.
NRS 293.2175 Appointment of pupil as trainee: Qualifications; requirements; duties; compensation.
NRS 293.218 Recommendations by chairman of election board of persons for service on election board.
NRS 293.219 Recommendations by political parties of persons for service on election board.
NRS 293.220 Delivery of notice of appointment to officer or trainee.
NRS 293.223 Notice of unwillingness to serve as officer or trainee; appointment of replacement.
NRS 293.225 Continuing powers and duties of election boards; reserve officers of election board; procedure for filling vacancies.
NRS 293.227 Number of members; duties; restrictions upon participation of trainees; chairmen.
NRS 293.230 Appointment of single central election board for mailing precincts.
NRS 293.233 Appointment and duties of voting board and counting board in precinct or district where there are 200 or more registered voters and paper ballots are used. [Repealed.]
NRS 293.235 Appointment and duties of absent ballot central counting board; no central election board if absent ballot central counting board appointed.
NRS 293.243 Number of officers on absent ballot central counting board; appointment of deputy sheriff; absent ballot central counting board under direction of county clerk.
NRS 293.245 Placing of absent ballots in ballot box. [Repealed.]
REGULATION OF ELECTIONS
NRS 293.247 Regulations of Secretary of State for conduct of elections; interpretations; distribution of information to county and city clerks.
NRS 293.250 Secretary of State to prescribe procedure for registration of voters by computer and form of ballots, other documents and papers; printed matter on ballots; authority of county clerks to divide paper ballots and prescribe color for ballots and voting receipts.
CONSTITUTIONAL AND STATEWIDE MEASURES
NRS 293.252 Appointment of committees to prepare arguments advocating and opposing approval of constitutional amendments and statewide measures proposed by initiative or referendum; duties of committees; Secretary of State required to reject libelous or factually inaccurate statements; appeal.
NRS 293.253 Publication: Duties of Secretary of State and county clerk; costs.
VOTERS’ BILL OF RIGHTS
NRS 293.2543 Short title.
NRS 293.2546 Legislative declaration of voters’ rights.
NRS 293.2549 Duties of Secretary of State and of county and city clerks.
BALLOTS
NRS 293.256 Names of candidates on ballots not to include title, designation of profession or occupation.
NRS 293.2565 Use of given names, surnames and nicknames on ballot; use of additional criteria to distinguish between candidates having same or similar surnames.
NRS 293.257 Separate primary ballots; placement of candidates’ names.
NRS 293.260 Declaration of nominees: Omission and appearance of names on primary ballot; appearance of names on general ballot.
NRS 293.262 Absent ballot or ballot voted in mailing precinct: Methods in which ballot is to be voted.
NRS 293.263 Primary ballot for major political party: Form; names of candidates to be grouped alphabetically; exception.
NRS 293.265 Nonpartisan primary ballot: Form; names of candidates to be grouped alphabetically; exception.
NRS 293.267 Ballot for general election: Form; names of candidates to be grouped alphabetically; exception; order of appearance of certain statewide measures.
NRS 293.2673 Ballot to indicate date of election and at which election ballot will be used.
NRS 293.268 Order of listing offices, candidates and questions on ballots.
NRS 293.269 Ballots for statewide offices or President and Vice President must permit voter to register opposition to all candidates.
NRS 293.2693 Voter education program to be provided in county or city using paper ballots.
VOTING SYSTEMS GENERALLY
NRS 293.2696 General requirements for voting systems; duties of Secretary of State and of county and city clerks.
NRS 293.2699 Voting systems used by counties and cities: Voting materials to be provided in English and other languages in accordance with federal law.
VOTING AT POLLS
NRS 293.270 Voting by printed ballot or other approved or authorized system; write-in voting prohibited.
NRS 293.272 Voting in person required for voter who registered to vote by mail; exceptions.
NRS 293.2725 Voter who registered to vote by mail and has not previously voted in election for federal office in Nevada: Prerequisites to voting at polling place and to voting by mail; applicability of section; exceptions.
NRS 293.273 Time for opening and closing polls; duties of officers of election board.
NRS 293.2735 Establishment of polling place for precinct in residential development exclusively for elderly persons.
NRS 293.2738 Polling place not to be established in any building named for candidate appearing on ballot.
NRS 293.274 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 293.275 Possession of election board register by election board required for performance of board’s duties.
NRS 293.277 Conditions for entitlement of person to vote; forms of identification to identify registered voter.
NRS 293.283 Identification of registered voter who is unable to sign name.
NRS 293.285 Election board officer in charge of register required to take voter’s signature.
NRS 293.287 Announcement of name and political affiliation of registered voter; challenges; nonpartisan ballot at primary election.
NRS 293.293 Procedure for voting by paper ballot; duties of election board officer upon receipt of voted ballot. [Repealed.]
NRS 293.2955 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 central locations.
NRS 293.296 Assistance to voter who is physically disabled or unable to read or write English.
NRS 293.297 Change of vote on certain mechanical recording devices.
NRS 293.300 Return of ballot not voted; cancellation. [Repealed.]
NRS 293.301 Posting of alphabetical listing of registered voters at polling place; tearing or defacing alphabetical listing prohibited; penalty.
NRS 293.302 Posting of notice of death of candidate at polling place.
NRS 293.3025 Posting of copies of certain other information and documents at polling place.
NRS 293.303 Challenges.
NRS 293.3035 Notice of result of challenge.
NRS 293.304 Voting by person successfully challenged on grounds of residency.
NRS 293.305 Closing of polls; admission of voters and other persons.
NRS 293.307 Duties of voting board before adjournment.
VOTING BY PROVISIONAL BALLOT
NRS 293.3081 Casting of provisional ballot: General conditions; declaration or application.
NRS 293.3082 Casting of provisional ballot: Specific prerequisites; completion of written affirmation; contents of affirmation; provision of receipt; notation on roster; provisional ballot limited to purpose of voting for candidates for federal offices.
NRS 293.3083 Casting of ballot by mail to vote for candidate for federal office; treatment as provisional ballot under certain circumstances.
NRS 293.3084 County and city clerks to establish certain procedures relating to provisional ballots.
NRS 293.3085 Canvass and counting of provisional ballots.
NRS 293.3086 Free access system to provide information to voter casting provisional ballot.
ABSENT BALLOT VOTING
NRS 293.309 Absent ballots: Preparation; reasonable accommodations for use by persons who are elderly or disabled; time for distribution; legal actions not to prevent issuance.
NRS 293.3095 Distribution of forms to request absent ballots.
NRS 293.310 Request and receipt of absent ballot allows voting only by absent ballot; exception; county clerk to notify election board if absent ballot issued.
NRS 293.313 Persons entitled to absent ballot; fraud or coercion in obtaining ballot prohibited; penalty.
NRS 293.315 Limitation on time to apply for absent ballot; public inspection authorized; issuance of absent ballot; immunity of county clerk.
NRS 293.3155 Use of special absent ballot by person who resides outside of continental United States.
NRS 293.3157 Registered voter residing outside continental United States may request absent ballot by facsimile machine; return of absent ballot; oath of voter; regulations.
NRS 293.316 Application for absent ballot because of illness, disability or absence: Requirements; delivery of ballot; voting procedure.
NRS 293.3165 Application for absent ballot because of physical disability: Requirements; voting procedure.
NRS 293.317 Invalid absent ballots.
NRS 293.320 County clerk to determine if applicant is registered voter; application by Armed Forces personnel; county clerk to provide applicant with reason for rejection under certain circumstances.
NRS 293.323 Delivery of absent ballot and voting supplies; return of absent ballot; regulations.
NRS 293.325 Duties of county clerk upon receipt of absent ballot from voter: Deposit of voted ballot; delivery for counting.
NRS 293.330 Procedure for voting after requesting absent ballot; unlawful return of ballot; penalty.
NRS 293.333 Procedure for depositing absent ballot in ballot box.
NRS 293.335 Empty envelopes and rejected ballots to be returned to county clerk.
NRS 293.340 Duty of county clerk to provide ballot box for each ballot listing if absent ballot central counting board appointed; deposit of voted ballots.
VOTING IN MAILING PRECINCTS
NRS 293.343 Eligibility of certain voters to vote by mail; effect of county clerk designating precinct as mailing precinct; designation of polling place at which voters entitled to vote in mailing precincts may vote in person.
NRS 293.345 Duty of county clerk to mail official mailing ballots to registered voters; sample ballot for mailing precinct to include notice concerning polling place where voters may vote in person if applicable.
NRS 293.350 Enrollment of eligible voter’s name; procedure for mailing of ballot and voting supplies by county clerk.
NRS 293.353 Marking and return of mailing ballot by voter; voting in person after receipt of mailing ballot; penalty.
NRS 293.355 Duties of county clerk upon receipt of envelope which contains mailing ballot.
EARLY VOTING BY PERSONAL APPEARANCE
NRS 293.356 Issuance of ballot; location at which ballot must be voted.
NRS 293.3561 County clerk to establish criteria for selection of permanent and temporary polling places for early voting by personal appearance.
NRS 293.3564 Permanent polling places for early voting.
NRS 293.3568 Period for early voting; hours for permanent polling places.
NRS 293.3572 Temporary branch polling places: Authority of county clerk to establish; hours during which voting may be conducted; legal rights and remedies of property owners or lessors not affected by presence of polling places.
NRS 293.3576 Schedule of locations and times for early voting.
NRS 293.358 Appointment of deputy clerks.
NRS 293.3583 Mechanical recording devices: Preparation before polls open each day.
NRS 293.3585 Procedure for voting.
NRS 293.359 Ballot boxes for paper ballots or ballots voted by punching card; seals. [Repealed.]
NRS 293.3594 Security precautions.
NRS 293.3598 Ballot board. [Repealed.]
NRS 293.3602 Custody of paper ballots or ballots voted by punching card; observation by general public of handling of ballots. [Repealed.]
NRS 293.3604 Mechanical recording devices: Duties of election board at close of each voting day; duties of ballot board for early voting and county clerk at close of last voting day.
NRS 293.3606 Returns; secrecy of ballots; disseminating information about count of returns before polls close prohibited; penalty.
NRS 293.3608 County clerk to ensure that mechanical recording devices used for early voting provide record of number of votes; delivery of records and other items to central counting place.
NRS 293.361 Electioneering prohibited near polling place; penalty.
RETURNS AND CANVASS
NRS 293.3625 Record made by county clerk of receipt at central counting place of sealed container used to transport official ballots.
NRS 293.363 Preparation by counting board to count paper ballots.
NRS 293.365 Accounting of all ballots required before count begun.
NRS 293.367 Rejection of ballot; regulations for counting ballots.
NRS 293.3673 Errors in information on certain form not grounds for rejection of absent ballot.
NRS 293.3677 Standards for counting votes; regulations.
NRS 293.368 Counting of votes cast for deceased candidate.
NRS 293.370 Procedure for completion of tally lists.
NRS 293.373 Duties of officers of counting board after ballots counted if paper ballots used.
NRS 293.383 Posting of copies of result of votes cast.
NRS 293.384 Initial withdrawal of absent ballots from ballot boxes; verification of proper number of absent ballots; procedure for counting.
NRS 293.385 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 293.387 Canvass of returns; abstract of votes.
NRS 293.388 Abstract of votes: Transmission to public libraries or posting upon website.
NRS 293.389 Inclusion of inactive voters in reports of votes prohibited.
NRS 293.391 Disposition and inspection of ballots, lists, records and stubs of voted ballots after canvass by county commissioners.
NRS 293.393 Preparation of abstracts of votes cast at general election or other statewide election; certificates of election.
NRS 293.395 Transmission of copy of certified abstract of votes and mechanized report to Secretary of State; canvass of vote by justices of Supreme Court; Governor to grant certificates of election and issue proclamations.
NRS 293.397 Prohibitions against withholding certificate of election or commission.
TIES, RECOUNTS AND CONTESTS
NRS 293.400 Determination of winner if tie vote; recounts.
NRS 293.403 Recount of vote: Demand; advance deposit of costs.
NRS 293.404 Employment and duties of recount board; persons present; count of ballots; recounts affecting more than one county.
NRS 293.405 Costs of recount; commencement and completion of recount; limitation on additional recount.
NRS 293.407 Filing of written statement of contest with clerk of district court; verification.
NRS 293.410 Dismissal of statement of contest; grounds for contest.
NRS 293.413 Time for filing statement of contest; precedence of election contest; referral to special master.
NRS 293.415 Depositions in election contests; trial and submission of matter.
NRS 293.417 Judgment of court in election contest.
NRS 293.420 Court costs.
NRS 293.423 Recount of ballots at hearing of contest.
NRS 293.425 Contest of general election for office of Assemblyman or Senator: Statement of contest and other documents and materials to be filed with Secretary of State; ability of contestant to amend statement of contest; list of witnesses; depositions, investigation and presentation of evidence.
NRS 293.427 Contest of general election for office of Assemblyman or Senator: Seating of candidate with highest number of votes; withdrawal of statement of contest; hearing and deciding of contest by appropriate house of Legislature; certificates of election; remedy.
NRS 293.430 Contest of general election for office of Governor, Lieutenant Governor or justice of Supreme Court: Filing of documents and other evidence with Secretary of State; seating of candidate; duties of Secretary of State and Legislature; withdrawal of contest.
NRS 293.433 Decision of contest for office of Governor, Lieutenant Governor or justice of Supreme Court by Senate and Assembly in joint session.
NRS 293.435 Certificate of election delivered after decision.
ELECTION EXPENSES
NRS 293.437 Designation of polling places.
NRS 293.440 List of persons registered to vote in precinct, district or county: Distribution of copies; contents; limitation on printing costs; request for and use by committees of political parties; fees.
NRS 293.442 Election Fund: Creation; deposit of money in Fund; disposition of interest and income; authority of Secretary of State to disburse, expend and receive money; payment of claims.
NRS 293.443 Election expenses.
NRS 293.445 Expenses for assistants to county or city clerk.
NRS 293.446 Compensation of officer of election board for delivery of election returns to county or city clerk.
NRS 293.447 Employment of messenger to convey election returns to Secretary of State; compensation. [Repealed.]
NRS 293.460 Compensation of officers of election board, deputy sheriffs and other employees.
MISCELLANEOUS PROVISIONS
NRS 293.462 Construction of containers used to transport official ballots.
NRS 293.463 Employees may absent themselves from employment to vote: Procedure; penalty.
NRS 293.464 Court-ordered extension of deadline for voting.
NRS 293.465 Loss or destruction of ballots, or other cause preventing election in precinct or district; new election.
NRS 293.468 Secretary of State to provide election materials in usable format for persons who are elderly or disabled.
NRS 293.4685 Certain additional duties of Secretary of State; county and city clerks to provide information requested by Secretary of State.
NRS 293.4687 Website maintained by Secretary of State for public information relating to elections; requirements.
NRS 293.4689 Website maintained by county clerk for public information relating to elections; requirements.
NRS 293.469 County clerks encouraged to provide election information and materials in usable format for persons who are elderly or disabled.
NRS 293.4695 County clerks required to collect and report certain information concerning election processes; Secretary of State to solicit and collect voter comments regarding election processes; report to Legislature.
NRS 293.471 Address of business that receives or distributes mail to be provided to county clerk.
NRS 293.480 Limitation on inspection of ballots after return to county or city clerk.
NRS 293.481 Governing body of political subdivision, public or quasi-public corporation, or other local agency submitting question to voters required to submit certain documents and information to county and city clerks; fee to cover cost of placing question and associated information on ballot.
NRS 293.4815 Transmission of question to be presented to voters to Secretary of State.
NRS 293.482 Advisory questions: Submission to voters by certain governmental entities; prerequisites to placement on ballot; description of anticipated financial effect; appearance on sample ballot; preparation of sample questions.
REGISTRATION OF VOTERS; REGISTRARS
NRS 293.485 Qualification of voter: Citizenship, age and residence.
NRS 293.486 Determination of address at which voter actually resides.
NRS 293.487 When residence not gained or lost.
NRS 293.490 Residence not lost upon removal from county or precinct.
NRS 293.493 Loss of residence upon removal to another state, territory or foreign country.
NRS 293.495 Presumption of intention to abandon residence.
NRS 293.497 Residence of head of family.
NRS 293.500 Loss of residence upon removal from State with intention to remain elsewhere for indefinite time.
NRS 293.5002 Registration of person with fictitious address: Form of application; maintenance of application by Secretary of State and county clerk.
NRS 293.501 Use of form provided by Federal Government by elector who resides outside Nevada.
NRS 293.502 Registration of certain persons recently discharged from Armed Forces of the United States.
NRS 293.503 County clerk is ex officio county registrar; custody of documents relating to registration; official records of office of county clerk; maintenance of records; time limitation on program to remove names of ineligible persons; availability of records for public inspection; confidential information.
NRS 293.5035 Designation by county clerk of building owned or leased by county as county facility at which electors may register to vote.
NRS 293.504 Voter registration agencies: Creation; duties; duty of Secretary of State to cooperate with Secretary of Defense to allow persons to register at military recruitment offices.
NRS 293.5045 Voter registration agencies: Prohibited acts; penalty.
NRS 293.505 Appointment, powers and duties of field registrars; prohibited acts of field registrars, clerks, employees of voter registration agencies or persons assisting voters; penalty.
NRS 293.5055 Registration of voter outside boundaries of county.
NRS 293.5057 Registration of nonresident to vote for office of President and Vice President.
NRS 293.506 Registration of voters by computer.
NRS 293.507 Forms for application to register to vote and affidavit concerning lack of certain identification; requirements for forms; use of certain numbers to identify voter; regulations.
NRS 293.508 Forms for application to register to vote must include option to receive sample ballot in larger type.
NRS 293.509 County clerk authorized to provide form for application to register to vote upon request; requirements for request; records to be kept by county clerk in response to request.
NRS 293.510 Election board register; registrar of voters’ register.
NRS 293.511 Register kept by computer to include all information in original applications to register to vote.
NRS 293.513 Elector may register for other elections despite closing of registration for impending election.
NRS 293.517 Registration of elector; issuance of voter registration card; objection to application to register to vote by county clerk under certain circumstances.
NRS 293.518 Elector to indicate affiliation or nonaffiliation with political party at time of voting; duties of county clerk or field registrar of voters in listing elector’s affiliation or lack thereof; elector’s party to be listed as “nonpartisan” if elector makes no indication.
NRS 293.520 Registration or reregistration of elector who is unable to sign name.
NRS 293.523 Registration of naturalized citizen.
NRS 293.5235 Registration of voters by mail; penalty.
NRS 293.5237 Registration of person at home by field registrar.
NRS 293.524 Registration at time of application for issuance or renewal of driver’s license or identification card; use of forms submitted to Department to correct information in registrar of voters’ register; regulations.
NRS 293.525 Vote after residence changed but registration not transferred; affirmation by elector; use of information regarding current address to correct registrar of voters’ register.
NRS 293.527 Notice of cancellation of registration when elector moves to another county.
NRS 293.530 Correction of statewide voter registration list; authority of county clerk to make investigations; county clerk to cancel registration of voter under certain circumstances; maintenance of records regarding notices of cancellation; designation of voter as inactive; regulations.
NRS 293.5303 Data concerning change of address of registered voter: Agreement with United States Postal Service or other authorized person for use of data by county clerk.
NRS 293.5307 Data concerning change of address of registered voter: Identification of registered voter who has moved; notices to registered voter.
NRS 293.533 Action to compel registration.
NRS 293.535 Cancellation of registration: Affidavit of person stating elector is not citizen of United States or has abandoned residence in county; notice to registrant.
NRS 293.537 Applications to register to vote of electors who have cancelled registration: Preservation; microfilming; destruction; reinstatement if cancelled erroneously.
NRS 293.540 Circumstances in which county clerk is required to cancel registration of voter.
NRS 293.541 Additional circumstances in which county clerk is required to cancel registration of voter; notice to voter; exception to notice requirement if insufficient time exists before election; voting after execution of affidavit of cancellation; separation of ballots.
NRS 293.542 Notification that registered voter has been adjudicated insane or mentally incompetent by district court.
NRS 293.543 Reregistration after cancellation of registration.
NRS 293.547 Written challenges.
NRS 293.548 Withdrawal of written challenge or affidavit.
NRS 293.550 Registration of electors enlisted or inducted into Armed Forces of the United States: Appearance before county clerk or field registrar.
NRS 293.553 Registration of electors in service of United States or attending school: Application by mail, telephone or telegram.
NRS 293.555 Registration of spouse or dependent of elector who is in service of United States.
NRS 293.557 Publication of list of registered voters.
NRS 293.558 Disclosure of identification numbers to public; county clerk prohibited from disclosing social security number, driver’s license number or identification card number; registered voter may request that address and telephone number be withheld from public.
NRS 293.560 Close of registration; election; hours office of county clerk to be open during last days before registration closes; publication of day registration closes; offices of county clerk, certain county facilities and ex officio registrars allowed to be open on last Friday of October in even-numbered years; elector required to register to vote in person during certain period; hours of operation for county facility for voter registration.
NRS 293.563 Election board register of precinct or district: Preparation; delivery.
NRS 293.565 Sample ballots: Contents; mailing; printing of text of constitutional amendments; notice of location of polling place; notice if location of polling place changed; cost of mailing responsibility of political subdivision.
NRS 293.567 Number of registered voters in county to be transmitted by county clerk to Secretary of State before primary and general elections.
STATEWIDE VOTER REGISTRATION LIST
NRS 293.675 Establishment and maintenance of list; requirements pertaining to list; duties of county and city clerks; cooperative agreement with Department of Motor Vehicles; verification of information in conjunction with Social Security Administration.
UNLAWFUL ACTS AND PENALTIES
NRS 293.700 Bribery of elector.
NRS 293.710 Intimidation of voters.
NRS 293.720 Suppression of or failure to file nomination paper by public officer.
NRS 293.730 Interfering with conduct of election; unauthorized delivery, receipt, identification, display or removal of ballot.
NRS 293.740 Soliciting votes and electioneering inside polling place or within certain distance from polling place prohibited; penalty.
NRS 293.750 Removal or destruction of election supplies or equipment.
NRS 293.755 Tampering or interfering with certain election equipment or computer programs used to count ballots; report of violation to district attorney.
NRS 293.760 Alteration, defacement or removal of posted results of votes cast.
NRS 293.770 Refusal of person sworn by election board to answer questions.
NRS 293.780 Voting more than once at same election.
NRS 293.790 Offer to vote by person whose vote has been rejected.
NRS 293.800 Acts concerning registration of voters; violations of laws governing elections; crimes by public officers.
NRS 293.805 Compensation for registration of voters based upon number of voters or voters of a particular party registered.
NRS 293.810 Registration in more than one county at one time.
NRS 293.820 Solicitation of contribution for political organization without prior approval or charter.
NRS 293.830 Betting on election.
NRS 293.840 Civil penalty.
_________
GENERAL PROVISIONS
NRS 293.010 Definitions. As used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1960, 235; A 1973, 350; 1979, 262; 1987, 334, 1361; 1993, 2173; 1995, 2623, 2774; 1997, 2776; 1999, 262; 2001, 2946; 2003, 2174; 2007, 2581)
NRS 293.013 “Absent ballot” defined. “Absent ballot” means a ballot voted by a person who expects to be or is absent from the polling place for his precinct or district on election day.
(Added to NRS by 1960, 235; A 1991, 2217)
NRS 293.015 “Absent voter” defined. “Absent voter” means a registered voter who has received or who has voted an absent ballot.
(Added to NRS by 1960, 235; A 1987, 690)
NRS 293.016 “Abstract of votes” defined. “Abstract of votes” means a compilation of votes cast for a particular candidate by office and precinct.
(Added to NRS by 1975, 935)
NRS 293.017 “Active registration” defined. “Active registration” means a current registration of a voter in the official register, entitling such voter to vote in the manner provided by this title.
(Added to NRS by 1960, 235)
NRS 293.025 “Ballot” defined. “Ballot” means the record of a voter’s preference of candidates and questions voted upon at an election. The term includes, without limitation, any paper given to a voter upon which he places his vote and electronic storage tapes.
(Added to NRS by 1960, 236; A 1995, 2774; 2007, 1148, 2581)
NRS 293.026 “Ballot box” defined. “Ballot box” means a box that is capable of being secured and is used to receive the voted ballots.
(Added to NRS by 2007, 2581)
NRS 293.030 “Ballot listing” defined. “Ballot listing” means the list of the names of candidates as they appear on the ballot.
(Added to NRS by 1960, 236)
NRS 293.032 “Canvass” defined. “Canvass” means a review of the election results by the board of county commissioners or the mayor and city council or the justices of the Supreme Court, by which any errors within the election results are officially noted and the official election results are declared.
(Added to NRS by 1975, 935; A 1987, 334)
NRS 293.033 “Central committee” defined. “Central committee” means the county or the state authority of a major political party.
(Added to NRS by 1960, 236; A 1989, 221)
NRS 293.034 “Certificate of election” defined. “Certificate of election” means a certificate prepared by the county or city clerk or Governor, as the case may be, for the person having the highest number of votes for any district, county, township, city, state or statewide office as official recognition of the person’s election to office.
(Added to NRS by 1975, 935; A 1987, 334)
NRS 293.035 “Challenge list” defined. “Challenge list” means a form furnished election board officers to be used in making a record of all challenges.
(Added to NRS by 1960, 236)
NRS 293.038 “City of population category one” defined. “City of population category one” means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter,
Ê whose population is 50,000 or more.
(Added to NRS by 1997, 2776; A 1999, 262; 2001, 633)
NRS 293.0382 “City of population category two” defined. “City of population category two” means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter,
Ê whose population is more than 5,000 and less than 50,000.
(Added to NRS by 1999, 262; A 2001, 633)
NRS 293.0384 “City of population category three” defined. “City of population category three” means a city:
1. Organized pursuant to the provisions of chapter 266 of NRS; or
2. Incorporated pursuant to a special charter,
Ê whose population is 5,000 or less.
(Added to NRS by 1999, 262; A 2001, 633)
NRS 293.040 “Clerk” defined. “Clerk” means the election board officer designated or assigned to make the record of the election in the roster, tally list and challenge list in the precinct or district in which such officer is appointed.
(Added to NRS by 1960, 236; A 2001, 2946; 2007, 2581)
NRS 293.042 “Contest” defined. “Contest” means an adversary proceeding between a candidate for a public office who has received the greatest number of votes and any other candidate for that office or, in certain cases, any registered voter of the appropriate political subdivision, for the purpose of determining the validity of an election.
(Added to NRS by 1975, 935)
NRS 293.044 “County clerk” defined; synonymous with “registrar of voters” in certain counties. Except as the term is used in NRS 293.393, whenever the term “county clerk” is used in this title it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.
(Added to NRS by 1965, 670; A 1983, 925)—(Substituted in revision for NRS 293.092)
NRS 293.046 “Deputy clerk” defined. “Deputy clerk” means a deputy clerk for early voting who is appointed pursuant to NRS 293.358 to serve as the election officer in charge of the polling place for early voting.
(Added to NRS by 1993, 2167)
NRS 293.050 “Election board officer” defined. “Election board officer” means a person appointed to assist in the conduct of an election.
(Added to NRS by 1960, 236)
NRS 293.053 “Election board register” defined. “Election board register” means the record of registered voters provided to election boards.
(Added to NRS by 1960, 236; A 1995, 2257)
NRS 293.055 “Elector” defined. “Elector” means a person who is eligible to vote under the provisions of Section 1 of Article 2 of the Constitution of the State of Nevada.
(Added to NRS by 1960, 236)
NRS 293.056 “Facsimile machine” defined. “Facsimile machine” means a device that sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.
(Added to NRS by 2001, 2946)
NRS 293.057 “Filing officer” defined. “Filing officer” means the Secretary of State, county or city clerk or any other officer authorized by law to receive designations and declarations of candidacy, certificates and acceptances of nomination or any other nomination papers.
(Added to NRS by 1960, 236; A 1987, 334)
NRS 293.059 “General city election” defined. “General city election” means an election held pursuant to NRS 293C.115, 293C.140 or 293C.145. The term includes a general municipal election held pursuant to the provisions of a special charter of an incorporated city.
(Added to NRS by 1987, 334; A 1997, 3447; 2003, 674)
NRS 293.060 “General election” defined. “General election” means the election held pursuant to NRS 293.12755.
(Added to NRS by 1960, 236; A 1987, 334)
NRS 293.063 “Independent candidate” defined. “Independent candidate” means a candidate who has been nominated for a partisan office but who is registered with no political party affiliation pursuant to the provisions of this title.
(Added to NRS by 1960, 236; A 1961, 284; 1963, 1386; 1967, 844)
NRS 293.064 “Judicial office” defined. “Judicial office” means the office filled by any judicial officer.
(Added to NRS by 1961, 296)
NRS 293.0643 “Judicial officer” defined. “Judicial officer” means any justice of the Supreme Court, any judge of a district court or any justice of the peace.
(Added to NRS by 1961, 296)
NRS 293.065 “Mail” defined. “Mail” means the depositing of printed or written matter in a mailbox or post office for delivery by the United States Postal Service.
(Added to NRS by 1960, 236; A 1987, 712)
NRS 293.0655 “Major political party” defined. “Major political party” means any organization which qualifies as such pursuant to NRS 293.128.
(Added to NRS by 1989, 221)
NRS 293.0657 “Mechanical recording device” defined. “Mechanical recording device” has the meaning ascribed to it in NRS 293B.032.
(Added to NRS by 1995, 2772)
NRS 293.0659 “Mechanical voting system” defined. “Mechanical voting system” has the meaning ascribed to it in NRS 293B.033.
(Added to NRS by 1995, 2772)
NRS 293.066 “Minor political party” defined. “Minor political party” means any organization which qualifies as such pursuant to NRS 293.171.
(Added to NRS by 1987, 1359)
NRS 293.0675 “Nonpartisan office” defined. “Nonpartisan office” means an elected office for which a political party may not nominate a candidate.
(Added to NRS by 1995, 2772)
NRS 293.068 “Oath” defined. “Oath” includes affirmation.
(Added to NRS by 1961, 296)
NRS 293.070 “Physical disability” defined. “Physical disability” means blindness or any other physical handicap making it impracticable to cast a ballot.
(Added to NRS by 1960, 237; A 1961, 285; 1985, 1092)
NRS 293.073 “Political party” defined. “Political party” means any minor or major political party.
(Added to NRS by 1960, 237; A 1963, 1382; 1971, 434; 1987, 1361; 1989, 221)
NRS 293.075 “Pollbook” defined. Repealed. (See chapter 478, Statutes of Nevada 2007, at page 2626.)
NRS 293.077 “Precinct” defined. “Precinct” means the smallest voting area in a political subdivision.
(Added to NRS by 1960, 237)
NRS 293.079 “Primary city election” defined. “Primary city election” means an election held pursuant to NRS 293C.115 or 293C.175. The term includes a primary municipal election held pursuant to the provisions of a special charter of an incorporated city.
(Added to NRS by 1987, 334; A 1997, 3447; 2003, 674)
NRS 293.080 “Primary election” defined. “Primary election” means the election held pursuant to NRS 293.175.
(Added to NRS by 1960, 237; A 1975, 374; 1983, 1116; 1987, 334)
NRS 293.082 “Provisional ballot” defined. “Provisional ballot” means a ballot voted by a person pursuant to NRS 293.3081 to 293.3086, inclusive.
(Added to NRS by 2007, 2581)
NRS 293.090 “Registered voter” defined. “Registered voter” means an elector who has completed the procedure prescribed by law for registration as a voter.
(Added to NRS by 1960, 237)
NRS 293.0925 “Registrar of voters’ register” defined. “Registrar of voters’ register” means the record of registered voters kept by the county clerk.
(Added to NRS by 1973, 351; A 1995, 2257)
NRS 293.093 “Regular votes” defined. “Regular votes” means the votes cast by registered voters, except votes cast by absent ballot or provisional ballot.
(Added to NRS by 1960, 237; A 2007, 2581)
NRS 293.094 “Rejected ballot” defined. “Rejected ballot” means a ballot that must not be counted because it is rejected by the election board or counting board for any reason required or authorized by this chapter.
(Added to NRS by 1961, 296; A 1997, 749)
NRS 293.095 “Roster” defined. “Roster” means the form furnished election board officers to be used for obtaining the signature of each person applying for a ballot.
(Added to NRS by 1960, 237)
NRS 293.097 “Sample ballot” defined. “Sample ballot” means a document distributed by a county or city clerk upon which is printed a list of the offices, candidates and ballot questions that will appear on a ballot. The term includes any such document which is printed by a computer.
(Added to NRS by 1960, 237; A 1987, 334, 690; 2007, 2581)
NRS 293.100 “School office” defined. “School office” means an office filled by a school officer.
(Added to NRS by 1960, 237)
NRS 293.103 “School officers” defined. “School officers” means the Board of Regents of the University of Nevada, members of the State Board of Education and school district trustees.
(Added to NRS by 1960, 237; A 1993, 388)
NRS 293.105 “Service of the United States” defined. “Service of the United States” means the Armed Forces of the United States and the auxiliaries thereof, the United States Coast Guard, the merchant marine service of the United States, civilian employment by the Federal Government beyond the boundaries of the State of Nevada, and religious groups and welfare agencies officially attached to and serving with the Armed Forces of the United States.
(Added to NRS by 1960, 237)
NRS 293.107 “Spoiled ballot” defined. “Spoiled ballot” means a ballot defaced by a voter and exchanged for a new one.
(Added to NRS by 1960, 237)
NRS 293.109 “State officer” defined. “State officer” means:
1. The Governor;
2. The Lieutenant Governor;
3. The Secretary of State;
4. The State Treasurer;
5. The State Controller;
6. The Attorney General;
7. A justice of the Supreme Court;
8. A State Senator;
9. A State Assemblyman;
10. A regent of the University of Nevada;
11. A member of the State Board of Education; or
12. A district judge.
(Added to NRS by 1993, 2167)
NRS 293.111 “Statewide voter registration list” defined. “Statewide voter registration list” means the list of registered voters established and maintained pursuant to NRS 293.675.
(Added to NRS by 2003, 2168)
NRS 293.113 “Tally list” defined. “Tally list” means the form furnished to election board officers to be used in recording the number of votes cast for each candidate and question on the ballot.
(Added to NRS by 1960, 237; A 2007, 2582)
NRS 293.115 “Township office” defined. “Township office” is an office filled by a township officer.
(Added to NRS by 1960, 238)
NRS 293.117 “Township officer” defined. “Township officer” means a public official elected in a township to serve the township.
(Added to NRS by 1960, 238)
NRS 293.121 “Voting district” defined. “Voting district” means an area formed by the consolidation of two or more contiguous precincts.
(Added to NRS by 1961, 296)
NRS 293.124 Secretary of State to serve as Chief Officer of Elections; regulations.
1. The Secretary of State shall serve as the Chief Officer of Elections for this State. As Chief Officer, the Secretary of State is responsible for the execution and enforcement of the provisions of title 24 of NRS and all other provisions of state and federal law relating to elections in this State.
2. The Secretary of State shall adopt such regulations as are necessary to carry out the provisions of this section.
(Added to NRS by 1993, 2664; A 1995, 2257)
NRS 293.126 Applicability of chapter to city elections. The provisions of this chapter, not inconsistent with the provisions of chapter 293C of NRS or a city charter, apply to city elections.
(Added to NRS by 1997, 3447)
NRS 293.127 Liberal construction of title and determination of real will of electors.
1. This title must be liberally construed to the end that:
(a) All electors, including, without limitation, electors who are elderly or disabled, have an opportunity to participate in elections and to cast their votes privately;
(b) An eligible voter with a physical or mental disability is not denied the right to vote solely because of the physical or mental disability; and
(c) The real will of the electors is not defeated by any informality or by failure substantially to comply with the provisions of this title with respect to the giving of any notice or the conducting of an election or certifying the results thereof.
2. For purposes of counting a vote, the real will of an elector must be determined pursuant to NRS 293.3677 or 293C.369 or regulations adopted pursuant to NRS 293.3677 or 293C.369.
(Added to NRS by 1960, 238; A 1963, 1372; 2001, 1434, 2025; 2003, 149, 152)
NRS 293.1273 Facsimile of signature created by computer to verify or compare signature. In any county where registrations are performed and records are kept by computer, a facsimile of a voter’s signature that is created by a computer may be used if a verification or comparison of the signature is required by any provision of this title.
(Added to NRS by 1993, 2168)
NRS 293.1275 Counting of Saturdays, Sundays and holidays in computing certain periods of time; exceptions.
1. Except as otherwise provided in this section, in computing any period of time specified for the execution of an act or event in this title, Saturdays, Sundays, legal holidays and holidays proclaimed by the Governor must be counted.
2. If the last day limited for filing any paper mentioned in this title falls on a Saturday, Sunday, legal holiday or any holiday proclaimed by the Governor, the period so limited must expire on the following business day at 5 p.m.
3. Saturdays, Sundays and holidays must not be counted if the provision specifying the period states that:
(a) Any such days are excluded; or
(b) The period is measured by working days.
(Added to NRS by 1960, 244; A 1995, 2774; 2003, 1701)
GENERAL ELECTIONS
NRS 293.12755 Date. A general election must be held throughout the State on the first Tuesday after the first Monday of November in each even-numbered year.
(Added to NRS by 1987, 334)
CIRCULATION AND SUFFICIENCY OF CERTAIN PETITIONS
NRS 293.12756 Informational pamphlet concerning petitions; fee. Repealed. (See chapter 478, Statutes of Nevada 2007, at page 2626.)
NRS 293.127563 Secretary of State to determine number of signatures required for certain petitions.
1. As soon as practicable after each general election, the Secretary of State shall determine the number of signatures required to be gathered from each county within the State for a petition for initiative that proposes a statute, an amendment to statute or an amendment to the Constitution of this State.
2. To determine the number of signatures required to be gathered from a county, the Secretary of State shall multiply the amount that equals 10 percent of the voters who voted in the entire State at the last preceding general election by the population percentage for that county.
3. As used in this section:
(a) “Total population of the State” means the determination of the total population of the State by the national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 U.S.C. § 141(c).
(b) “Population percentage for that county” means the figure obtained by dividing the population of the county, as determined by the national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 U.S.C. § 141(c), by the total population of the State.
(Added to NRS by 2007, 2741)
NRS 293.127565 Use of public buildings to gather signatures on petitions; remedy for violation; regulations.
1. At each building that is open to the general public and occupied by the government of this State or a political subdivision of this State or an agency thereof, other than a building of a public elementary or secondary school, an area must be designated for the use of any person to gather signatures on a petition at any time that the building is open to the public. The area must be reasonable and may be inside or outside of the building. Each public officer or employee in control of the operation of a building governed by this subsection shall:
(a) Designate the area at the building for the gathering of signatures; and
(b) On an annual basis, submit to the Secretary of State and the county clerk for the county in which the building is located a notice of the area at the building designated for the gathering of signatures on a petition. The Secretary of State and the county clerks shall make available to the public a list of the areas at public buildings designated for the gathering of signatures on a petition.
2. Before a person may use an area designated pursuant to subsection 1, the person must notify the public officer or employee in control of the operation of the building governed by subsection 1 of the dates and times that the person intends to use the area to gather signatures on a petition. The public officer or employee may not deny the person the use of the area.
3. Not later than 3 working days after the date of the decision that aggrieved the person, a person aggrieved by a decision made by a public officer or employee pursuant to subsection 1 or 2 may appeal the decision to the Secretary of State. The Secretary of State shall review the decision to determine whether the public officer or employee violated subsection 1 or 2. If the Secretary of State determines a public officer or employee violated subsection 1 or 2 and that a person was denied the use of a public building for the purpose of gathering signatures on a petition, the Secretary of State shall order that the deadline for filing the petition provided pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be extended for a period equal to the time that the person was denied the use of a public building for the purpose of gathering signatures on a petition, but in no event may the deadline be extended for a period of more than 5 days.
4. The decision of the Secretary of State is a final decision for the purposes of judicial review. Not later than 7 days after the date of the decision by the Secretary of State, the decision of the Secretary of State may only be appealed in the First Judicial District Court. If the First Judicial District Court determines that the public officer or employee violated subsection 1 or 2 and that a person was denied the use of a public building for the purpose of gathering signatures on a petition, the Court shall order that the deadline for filing the petition provided pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be extended for a period equal to the time that the person was denied the use of a public building for the purpose of gathering signatures on a petition, but in no event may the deadline be extended for a period of more than 5 days.
5. The Secretary of State may adopt regulations to carry out the provisions of subsection 3.
(Added to NRS by 2001, 1347; A 2005, 1432, 2828)
NRS 293.12757 Qualification to sign petition. A person may sign a petition required under the election laws of this State on or after the date he is deemed to be registered to vote pursuant to NRS 293.517 or subsection 7 of NRS 293.5235.
(Added to NRS by 1999, 3546; A 2005, 2829; 2007, 2582)
NRS 293.12758 Receipt issued by county clerk; requirements for petition.
1. The county clerk shall issue a receipt to any person who submits a petition for the verification of signatures or a petition, declaration of or acceptance of candidacy. The receipt must state:
(a) The number of documents submitted;
(b) The number of pages of each document; and
(c) The number of signatures which the person declares are on the petition.
2. If a petition consists of more than one document, all of the documents must be submitted to the county clerk for verification at the same time.
3. The county clerk shall not accept a petition unless each page of the petition is numbered.
4. Each signature on the petition must be signed in ink. The county clerk shall disregard any signature which is not signed in ink.
5. As used in this section, “document” includes material which is separately compiled and bound together and may consist of one or more sheets of paper.
(Added to NRS by 1993, 2664)
NRS 293.1276 County clerk to forward number of signatures to Secretary of State; notice of failure to file required number of signatures; handling of petition.
1. Within 4 days, excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110, the county clerk shall determine the total number of signatures affixed to the documents and forward that information to the Secretary of State.
2. If the Secretary of State finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, he shall so notify the person who submitted the petition and the county clerks and no further action may be taken in regard to the petition. If the petition is a petition to recall a county, district or municipal officer, the Secretary of State shall also notify the officer with whom the petition is to be filed.
3. After the petition is submitted to the county clerk, it must not be handled by any other person except by an employee of the county clerk’s office until it is filed with the Secretary of State.
(Added to NRS by 1985, 1090; A 1987, 1361; 1993, 2665; 1997, 750; 1999, 2147)
NRS 293.1277 Verification of signatures by county clerks.
1. If the Secretary of State finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within 9 days, excluding Saturdays, Sundays and holidays, after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.
2. If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
3. In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, he shall ensure that every application in the file is examined, including any application in his possession which may not yet be entered into his records. The county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his determination.
4. Except as otherwise provided in subsection 6, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the Secretary of State. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or 306.015.
5. A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.
6. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.
7. The Secretary of State may by regulation establish further procedures for carrying out the provisions of this section.
(Added to NRS by 1985, 1090; A 1987, 1361; 1993, 2665; 1995, 2257; 1997, 750; 1999, 2147; 2001, 641)
NRS 293.1278 Qualification or disqualification of petition upon receipt of certificates or amended certificates by Secretary of State.
1. If the certificates received by the Secretary of State from all the county clerks establish that the number of valid signatures is less than 90 percent of the required number of registered voters, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the petitioners and the county clerks.
2. If those certificates establish that the number of valid signatures is equal to or more than the sum of 100 percent of the number of registered voters needed to make the petition sufficient plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the petition shall be deemed to qualify as of the date of receipt by the Secretary of State of those certificates, and the Secretary of State shall immediately so notify the petitioners and the county clerks.
3. If the certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient but the petition fails to qualify pursuant to subsection 2, each county clerk who received a request to remove a name pursuant to NRS 295.055 or 306.015 shall remove each name as requested, amend the certificate and transmit the amended certificate to the Secretary of State. If the amended certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient, the petition shall be deemed to qualify as of the date of receipt by the Secretary of State of the amended certificates, and the Secretary of State shall immediately so notify the petitioners and the county clerks.
(Added to NRS by 1985, 1091; A 1993, 2666; 2001, 642)
NRS 293.1279 Qualification or disqualification of petition upon verification of signatures.
1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more, but less than the sum of 100 percent of the number of signatures of registered voters needed to declare the petition sufficient plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the Secretary of State shall order the county clerks to examine the signatures for verification. The county clerks shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid. If the county clerks received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerks may not determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.
2. Except as otherwise provided in this subsection, if the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the Secretary of State may order the county clerk in that county to examine every signature for verification. If the county clerk received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerk may not determine that 100 percent or more of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county are valid until he has removed each name as requested pursuant to NRS 295.055 or 306.015. In the case of a petition for initiative that proposes a statute, an amendment to statute or an amendment to the Constitution of this State, if the statistical sampling shows that the number of valid signatures in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters required for that county pursuant to NRS 295.012 plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055, the Secretary of State may order the county clerk to examine every signature for verification.
3. Within 12 days, excluding Saturdays, Sundays and holidays, after receipt of such an order, the county clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the county clerk must use the statewide voter registration list. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.
4. Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate, properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the Secretary of State. A copy of the amended certificate must be filed in the county clerk’s office.
5. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the Secretary of State the documents containing the signatures of the registered voters.
6. Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the Secretary of State as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the State.
7. If the amended certificates received from all county clerks by the Secretary of State establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the Secretary of State shall also notify the officer with whom the petition is to be filed.
(Added to NRS by 1985, 1091; A 1985, 551; 1987, 1362; 1993, 2666; 1997, 751; 1999, 2148; 2001, 642; 2003, 2174; 2007, 2742)
NRS 293.12793 Appeal with Secretary of State contesting verification of votes; notification of public officer who is subject of petition to recall; consideration and investigation of allegations.
1. If the Secretary of State determines that the total number of signatures that the county clerks have certified pursuant to NRS 293.1277 or 293.1279 is less than 100 percent of the number of registered voters needed to make the petition sufficient, the person who submitted the petition may contest the verification of the signatures by filing an appeal with the Secretary of State. The appeal must:
(a) Be filed within 5 working days after receipt of notification of the determination of the Secretary of State;
(b) Include each reason for the appeal; and
(c) Include a statement of the number of signatures, if any, that the county clerk determined were invalid.
2. The Secretary of State shall:
(a) If the petition was circulated pursuant to chapter 306 of NRS, immediately notify the public officer who is the subject of the petition of the appeal by the person who submitted the petition; and
(b) Consider the allegations and conduct an investigation, if necessary.
(Added to NRS by 1993, 2664; A 1997, 752; 1999, 3546)
NRS 293.12795 Action by Secretary of State upon review of appeal; judicial review of decision of Secretary of State.
1. If an appeal is based upon the results of the verification of signatures on a petition performed pursuant to NRS 293.1277 or 293.1279, the Secretary of State shall:
(a) If he finds for the appellant, order the county clerk to recertify the petition, including as verified signatures all contested signatures which the Secretary of State determines are valid. If the county clerk has not yet removed each name as requested pursuant to NRS 295.055 or 306.015, the county clerk shall do so before recertifying the petition.
(b) If he does not find for the appellant, notify the appellant and the county clerk that the petition remains insufficient.
2. If the Secretary of State is unable to make a decision on the appeal based upon the documents submitted to him, the Secretary of State may order the county clerk to reverify the signatures.
3. The decision of the Secretary of State is a final decision for the purposes of judicial review. The decision of the Secretary of State may only be appealed in the First Judicial District Court.
(Added to NRS by 1993, 2664; A 2001, 643)
MAJOR POLITICAL PARTIES
NRS 293.128 Procedure for qualification.
1. To qualify as a major political party, any organization must, under a common name:
(a) On January 1 preceding any primary election, have been designated as a political party on the applications to register to vote of at least 10 percent of the total number of registered voters in this State; or
(b) File a petition with the Secretary of State not later than the last Friday in April before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by the circulator thereof to the effect that the signers are registered voters of this State according to his best information and belief and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last Friday in April preceding a primary election.
3. In addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the Secretary of State a certificate of existence which includes the:
(a) Name of the political party;
(b) Names and addresses of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person who is authorized by the party to act as registered agent in this State.
4. A political party shall file with the Secretary of State an amended certificate of existence within 5 days after any change in the information contained in the certificate.
(Added to NRS by 1971, 433; A 1975, 936; 1979, 262; 1985, 1092; 1987, 1363; 1989, 221, 1727, 2158; 1995, 2258, 2623; 1997, 652; 1999, 3546; 2003, 1701; 2007, 2717)
NRS 293.130 County conventions: Place; notice.
1. On the dates set by the respective state central committees in each year in which a general election is to be held, a county convention of each major political party must be held at the county seat of each county or at such other place in the county as the county central committee designates.
2. The county central committee of each major political party shall cause notice of the holding of the county convention of its party to be published in one or more newspapers, if any, published in the county. The notice must be in substantially the following form:
NOTICE OF.....(NAME OF PARTY).....CONVENTION
Notice is hereby given that the county Convention of the ................ Party for ................ County will be held at ................ in ................, on the ……..day of the month of …………… of the year ……; that at the convention delegates to the ........ State Convention will be elected, a county central committee to serve for the ensuing 2 years will be chosen, and other party affairs may be considered; that delegates to such county convention will be chosen at ........(name of party)........ precinct meetings to be held in each voting precinct in the county on or before the ..... day of the month of …………… of the year ……..; and that a voting precinct is entitled to a number of delegates in proportion to the number of registered voters of the ................ Party residing in the precinct as set forth in NRS 293.133.
County Central Committee of................................................. County, Nevada
By.................................................................................................. (Its Chairman)
And............................................................................................... (Its Secretary)
(Added to NRS by 1960, 238; A 1971, 434; 1987, 1364; 1989, 222; 1993, 2173; 2001, 50)
NRS 293.133 Number of delegates from voting precincts to county convention.
1. The number of delegates from each voting precinct in each county to the county convention of any major political party for that county must be determined pursuant to the rules of the party, if the rules of the party so provide, or, if the rules of the party do not so provide, in proportion to the number of registered voters of that party residing in the precinct as follows:
(a) In the counties in which the total number of registered voters of that party has not exceeded 400, each precinct is entitled to one delegate for each 5 registered voters.
(b) In counties in which the total number of registered voters of that party has exceeded 400 but has not exceeded 600, each precinct is entitled to one delegate for each 8 registered voters.
(c) In counties in which the total number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct is entitled to one delegate for each 10 registered voters.
(d) In counties in which the total number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct is entitled to one delegate for each 15 registered voters.
(e) In counties in which the total number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct is entitled to one delegate for each 20 registered voters or major fraction thereof.
(f) In counties in which the total number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct is entitled to one delegate for each 30 registered voters or major fraction thereof.
(g) In counties in which the total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct is entitled to one delegate for each 35 registered voters or major fraction thereof.
(h) In counties in which the total number of registered voters of that party has exceeded 4,000, each precinct is entitled to one delegate for each 50 registered voters or major fraction thereof.
2. Upon the request of a state or county central committee, the county clerk shall determine the number of registered voters of each party in each precinct as of:
(a) The date 90 days before the date set for the precinct meeting pursuant to NRS 293.135 and shall notify the Secretary of State and the county central committee of each major political party of those numbers within 10 days after the determinative date. If consistent with the rules of the party, the number determined pursuant to this paragraph must be used to determine the number of delegates to the county convention.
(b) Any date other than the date set forth in paragraph (a).
3. In all counties, if consistent with the rules of the party, every precinct is entitled to at least one delegate to each county convention.
(Added to NRS by 1960, 239; A 1967, 1206; 1969, 456; 1971, 435; 1973, 593; 1975, 375; 1981, 1738; 1989, 222; 2003, 1702; 2007, 3159)
NRS 293.134 Use of room or space occupied by State or local government by state or county central committee. Upon application by a state or county central committee, if a room or space is available in a building that is open to the general public and occupied by the government of this State or a political subdivision of this State or an agency thereof, the public officer or employee in control of the room or space shall grant the use of the room or space to the state or county central committee without charge in a presidential election year for any purpose, including conducting precinct meetings, without charge during other years for the purpose of conducting precinct meetings and at a charge not greater than that made for its use by other groups during other years for purposes other than conducting precinct meetings.
(Added to NRS by 2007, 3159)
NRS 293.135 Precinct meetings of registered voters before county convention: Time and place; notice.
1. The county central committee of each major political party in each county shall have a precinct meeting of the registered voters of the party residing in each voting precinct entitled to delegates in the county convention called and held on the dates set for the precinct meeting by the respective state central committees in each year in which a general election is held.
2. The meeting must be held in one of the following places in the following order of preference:
(a) Any public building within the precinct if the meeting is for a single precinct, or any public building which is in reasonable proximity to the precincts and will accommodate a meeting of two or more precincts; or
(b) Any private building within the precinct or one of the precincts.
3. The county central committee shall give notice of the meeting by:
(a) Posting in a conspicuous place outside the building where the meeting is to be held; and
(b) Publishing in one or more newspapers of general circulation in the precinct, published in the county, if any are so published,
Ê on the date set for giving notice of the meeting by the respective state central committees.
4. The notice must be printed in conspicuous display advertising format of not less than 10 column inches, and must include the following language, or words of similar import:
Notice to All Voters Registered
in the (State Name of Major Political Party)
Nevada state law requires each major political party, in every year during which a general election is held, to have a precinct meeting held for each precinct. All persons registered in the party and residing in the precinct are entitled to attend the precinct meeting. Delegates to your party’s county convention will be elected at the meeting by those in attendance. Set forth below are the time and place at which your precinct meeting will be held, together with the number of delegates to be elected from each precinct. If you wish to participate in the organization of your party for the coming 2 years, attend your precinct meeting.
5. The notice must specify:
(a) The date, time and place of the meeting; and
(b) The number of delegates to the county convention to be chosen at the meeting.
(Added to NRS by 1960, 239; A 1967, 1128; 1971, 436; 1973, 594; 1979, 1350; 1981, 1697; 1987, 1364; 1989, 223; 2007, 3160)
NRS 293.137 Election of delegates to county convention; procedure if precinct fails to elect delegates; certificates given to elected delegates; state central committee to adopt written procedural rules.
1. Promptly at the time and place appointed therefor, the mass meeting must be convened and organized for each precinct. If access to the premises appointed for any such meeting is not available, the meeting may be convened at an accessible place immediately adjacent thereto. The meeting must be conducted openly and publicly and in such a manner that it is freely accessible to any registered voter of the party calling the meeting who resides in the precinct and is desirous of attending the meeting, until the meeting is adjourned. At the meeting, the delegates to which the members of the party residing in the precinct are entitled in the party’s county convention must be elected pursuant to the rules of the state central committee of that party. In presidential election years, the election of delegates may be a part of expressing preferences for candidates for the party’s nomination for President of the United States if the rules of the party permit such conduct. The result of the election must be certified to the county convention of the party by the chairman and the secretary of the meeting upon the forms specified in subsection 3.
2. At the precinct meetings, the delegates and alternates to the party’s convention must be elected. If a meeting is not held for a particular precinct at the location specified, that precinct must be without representation at the county convention unless the meeting was scheduled, with proper notice, and no registered voter of the party appeared. In that case, the meeting shall be deemed to have been held and the position of delegate is vacant. If a position of delegate is vacant, it must be filled by the designated alternate, if any. If there is no designated alternate, the vacancy must be filled pursuant to the rules of the party, if the rules of the party so provide, or, if the rules of the party do not so provide, the county central committee shall appoint a delegate from among the qualified members of the party residing in the precinct in which the vacancy occurred, and the secretary of the county central committee shall certify the appointed delegate to the county convention.
3. The county central committee shall prepare and number serially a number of certificate forms equal to the total number of delegates to be elected throughout the county, and deliver the appropriate number to each precinct meeting. Each certificate must be in duplicate. The original must be given to the elected delegate, and the duplicate transmitted to the county central committee.
4. All duplicates must be delivered to the chairman of the preliminary credentials committee of the county convention. Every delegate who presents a certificate matching one of the duplicates must be seated without dispute.
5. Each state central committee shall adopt written rules governing, but not limited to, the following procedures:
(a) The selection, rights and duties of committees of a convention;
(b) Challenges to credentials of delegates; and
(c) Majority and minority reports of committees.
(Added to NRS by 1960, 240; A 1967, 842; 1979, 1351; 1981, 27; 1989, 224; 2007, 3161)
NRS 293.140 County conventions: Manner of organization; authorized action of delegates.
1. At a time and date set by the respective state central committees in each year in which a general election is to be held, the delegates so elected to each party county convention shall convene at the county seat, or at such other place in the county as the county central committee shall designate, and there organize, elect the delegates to which the registered voters of the party residing in the county are entitled in the state convention of the party, and elect the members of the county central committee of their party for the ensuing term. They may also adopt a county platform and take such other action, consistent with the provisions of this chapter, pertaining to the affairs of their party in that county, as they may deem proper.
2. The manner of organizing each convention must be as follows:
(a) The county central committee shall, before the date of the convention, designate a preliminary credentials committee to examine the credentials of all persons claiming to be delegates. All such persons whose credentials are not in dispute must be seated as delegates.
(b) The persons so seated shall elect a temporary chairman, who shall appoint a temporary secretary and a credentials committee to examine and report on all cases of disputed credentials.
(c) When all such disputes have been determined, the convention shall complete its organization and adopt its agenda.
3. The chairman and the secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.
(Added to NRS by 1960, 240; A 1967, 843; 1971, 436; 1973, 595; 1987, 1365)
NRS 293.143 County central committee: Number; change in membership.
1. The county central committee of a major political party to be elected by the county convention of the party must consist of such number of members as may be determined by the convention, but each voting precinct, entitled to one or more delegates in the convention, is entitled to have at least one committeeman and no precinct may have more committeemen than its authorized number of delegates to the county convention.
2. After the county convention of the party, the composition of the county central committee may be changed by the county central committee to reflect changes in the organization of precincts and in the number of registered voters of the party, using the same standards adopted by the party to elect delegates to the county convention.
(Added to NRS by 1960, 240; A 1981, 1698; 1985, 568; 1989, 225)
NRS 293.145 Number of delegates to state convention. The number of delegates to the state convention of each party which shall be chosen at each county convention of such party shall be one delegate for each 150 registered voters of that party, or major fraction of such number, residing in such county; but each county shall be entitled to at least one delegate.
(Added to NRS by 1960, 240; A 1967, 1208)
NRS 293.150 State conventions: Place and actions; additional conventions.
1. The delegates elected to the state convention of each major political party by the several county conventions of that party shall convene on such respective dates as the state central committees of the parties designate in each year in which the general election is to be held, at the State Capital, or at such other place in the State as the state central committee of that party designates. The delegates shall there organize, adopt a state party platform, and elect a state central committee for that party for the ensuing term and the chairman thereof.
2. The state central committee of each major political party may convene additional state conventions of its party at such times and places as it designates during the period between the state conventions, as provided in subsection 1, and the next ensuing precinct meetings, as provided in NRS 293.135. The composition of the delegates at those conventions must be the same as that certified pursuant to subsection 3 of NRS 293.140.
(Added to NRS by 1960, 241; A 1973, 595; 1987, 335, 1366; 1989, 225)
NRS 293.153 Number of members of state central committee. The state central committee of each major political party shall consist of as many registered voters affiliated with the party as may be determined by the state convention of the party, but there must be at least one member from each county in the State.
(Added to NRS by 1960, 241; A 1971, 437; 1989, 226)
NRS 293.155 Rules of county and state conventions; delegate must be qualified elector; unit rule of voting prohibited.
1. Except as otherwise prescribed in this chapter, the state and county party conventions may each adopt its own rules, and each is the judge of the election of its own delegates.
2. No person may act as a delegate at any convention unless he is a duly qualified elector of the county or precinct which he seeks to represent.
3. Adoption or application of the so-called unit rule of voting, whereby the votes of all delegates from any precinct or precincts, or county or counties, are required to be cast in the manner determined by the majority of delegates from that precinct or precincts, county or counties, and against the protest of a minority of the delegates, in the proceedings of any state or county party convention is prohibited.
(Added to NRS by 1960, 241; A 1981, 1698)
NRS 293.157 State and county central committees: Terms of office; termination of membership; vacancies.
1. The state and county central committeemen shall serve for 2 years and until their successors have been elected.
2. The membership of a member of a county or state central committee may be terminated only for cause by a vote of a majority of the membership present at a regular meeting of the committee.
3. If such membership is terminated or if any position on the county or state central committee remains unfilled at the county or state convention, the position, if filled, must be filled by a vote of a majority of the membership present at a regular or special meeting of the committee.
4. If a vacancy occurs among the officers of a county or state central committee, the vacancy must be filled by the membership present by ballot at a regular or special meeting of the committee.
(Added to NRS by 1960, 241; A 1987, 1515)
NRS 293.160 State and county central committees: Election of officers and executive committee; other powers.
1. Each state central committee and each county central committee may elect from its membership an executive committee and shall, except as otherwise provided in this chapter, choose its officers by ballot.
2. Any elections to choose the officers of a county central committee must be held, beginning in 1983, in odd-numbered years and during regular meetings of the committee. The terms of officers so elected are 2 years, and the officers are eligible for reelection to their positions. The officers shall assume their offices and serve as provided in the bylaws and regulations of the central committee.
3. Each committee and its officers have general charge of the affairs of the party in the State or county, as the case may be, and have the powers usually exercised by such committees and their officers, subject to the provisions of this chapter.
(Added to NRS by 1960, 241; A 1981, 1698)
NRS 293.161 Right of participation as delegate to county or state convention or member of county or state central committee. A person’s right to participate or vote as a delegate to a county or state convention or as a member of a county or state central committee may not be conditioned upon the payment of money, except that a reasonable fee may be charged to attend a county or state convention.
(Added to NRS by 1987, 1515)
NRS 293.163 Selection of delegates and alternates to national party convention and members of national committee by state convention in presidential election year.
1. In presidential election years, on the call of a national party convention, but one set of party conventions and but one state convention shall be held on such respective dates and at such places as the state central committee of the party shall designate. If no earlier dates are fixed, the state convention shall be held 30 days before the date set for the national convention and the county conventions shall be held 60 days before the date set for the national convention.
2. Delegates to such conventions shall be selected in the same manner as prescribed in NRS 293.130 to 293.160, inclusive, and each convention shall have and exercise all of the power granted it under NRS 293.130 to 293.160, inclusive. In addition to such powers granted it, the state convention shall select the necessary delegates and alternates to the national convention of the party and, if consistent with the rules and regulations of the party, shall select the national committeeman and committeewoman of the party from the State of Nevada.
(Added to NRS by 1960, 242; A 1995, 2623; 2007, 3162)
NRS 293.165 Procedure for filling vacancy in major or minor political party nomination or nonpartisan nomination.
1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 4 and 5.
2. A vacancy occurring in a nonpartisan nomination after the close of filing and on or before 5 p.m. of the second Tuesday in June must be filled by filing a nominating petition that is signed by registered voters of the State, county, district or municipality who may vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number of persons who voted for the office in question in the State, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in May and not later than the fourth Tuesday in June. The petition may consist of more than one document. Each document must bear the name of one county and must be signed only by a person who is a registered voter of that county and who may vote for the office in question. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document. A candidate nominated pursuant to the provisions of this subsection:
(a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and
(b) May be elected only at a general election, and his name must not appear on the ballot for a primary election.
3. A vacancy occurring in a nonpartisan nomination after 5 p.m. of the second Tuesday in June and on or before 5 p.m. on the first Tuesday after the primary election must be filled by the person who receives the next highest vote for the nomination in the primary.
4. No change may be made on the ballot for the general election after 5 p.m. on the first Tuesday after the primary election of the year in which the general election is held. If a nominee dies after that time and date, his name must remain on the ballot for the general election and, if elected, a vacancy exists.
5. All designations provided for in this section must be filed on or before 5 p.m. on the first Tuesday after the primary election. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on the date the designation is filed.
(Added to NRS by 1960, 242; A 1965, 668; 1967, 845; 1971, 437; 1981, 1698; 1989, 2159; 1993, 2174; 1995, 2774; 1999, 2149, 3547; 2001, 274, 2947; 2003, 1703; 2005, 1432)
NRS 293.166 Procedure for filling vacancy in party nomination for office of State Senator or Assemblyman from multicounty legislative district.
1. A vacancy occurring in a party nomination for the office of State Senator or Assemblyman from a legislative district comprising more than one county may be filled as follows, subject to the provisions of subsections 2 and 3. The county commissioners of each county, all or part of which is included within the legislative district, shall meet to appoint a person who is of the same political party as the former nominee and who actually, as opposed to constructively, resides in the district to fill the vacancy, under the chairmanship of the chairman of the board of county commissioners of the county whose population residing within the district is the greatest. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then, the boards shall meet jointly and the chairmen on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each as a group select one candidate, and the nominee must be chosen by drawing lots among the persons so selected.
2. No change may be made on the ballot after the first Tuesday after the primary election of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.
3. The designation of a nominee pursuant to this section must be filed with the Secretary of State before 5 p.m. on the first Tuesday after the primary election, and the statutory filing fee must be paid with the designation.
(Added to NRS by 1967, 1087; A 1971, 437; 1981, 1699; 1989, 2159; 1999, 2150; 2005, 1433)
NRS 293.167 Nomination of party candidates for United States Senator or Representative in Congress. Party candidates for United States Senator and Representative in Congress shall be nominated in the same manner as state officers are nominated.
(Added to NRS by 1960, 242)
MINOR POLITICAL PARTIES
NRS 293.171 Procedure for qualification.
1. To qualify as a minor political party, an organization must file with the Secretary of State a certificate of existence which includes the:
(a) Name of the political party;
(b) Names of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person authorized to file the list of its candidates for partisan office with the Secretary of State.
2. A copy of the constitution or bylaws of the party must be affixed to the certificate.
3. A minor political party shall file with the Secretary of State an amended certificate of existence within 5 days after any change in the information contained in the certificate.
4. The constitution or bylaws of a minor political party must provide a procedure for the nomination of its candidates in such a manner that only one candidate may be nominated for each office.
5. A minor political party whose candidates for partisan office do not appear on the ballot for the general election must file a notice of continued existence with the Secretary of State not later than the second Friday in August preceding the general election.
6. A minor political party which fails to file a notice of continued existence as required by subsection 5 ceases to exist as a minor political party in this State.
(Added to NRS by 1987, 1359; A 1989, 2160; 1999, 3548)
NRS 293.1715 Procedure to place candidates’ names on ballot; limitation on number of candidates to appear on ballot.
1. The names of the candidates for partisan office of a minor political party must not appear on the ballot for a primary election.
2. The names of the candidates for partisan office of a minor political party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:
(a) At the last preceding general election, the minor political party polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;
(b) On January 1 preceding a primary election, the minor political party has been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in this State; or
(c) Not later than the second Friday in August preceding the general election, files a petition with the Secretary of State which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
3. The name of a candidate for partisan office for a minor political party other than a candidate for the office of President or Vice President of the United States must be placed on the ballot for the general election if the party has filed:
(a) A certificate of existence;
(b) A list of candidates for partisan office containing the name of the candidate pursuant to the provisions of NRS 293.1725 with the Secretary of State; and
(c) Not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the second Friday after the first Monday in May, a petition on behalf of the candidate with the Secretary of State containing not less than:
(1) Two hundred fifty signatures of registered voters if the candidate is to be nominated for a statewide office; or
(2) One hundred signatures of registered voters if the candidate is to be nominated for any office except a statewide office.
Ê A minor political party that places names of one or more candidates for partisan office on the ballot pursuant to this subsection may also place the names of one or more candidates for partisan office on the ballot pursuant to subsection 2.
4. The name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general election.
5. A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the Secretary of State before the petition may be circulated for signatures.
(Added to NRS by 1987, 1360; A 1989, 2160; 1993, 2174; 1995, 2259; 1999, 1389, 3548; 2003. 1641)
NRS 293.172 Contents of petition required to place candidates’ names on ballot; limitation on who may sign petition; requirements for signing.
1. A petition filed pursuant to subsection 2 or 3 of NRS 293.1715 may consist of more than one document. Each document of the petition must:
(a) Bear the name of the minor political party and, if applicable, the candidate and office to which the candidate is to be nominated.
(b) Include the affidavit of the person who circulated the document verifying that the signers are registered voters in this State according to his best information and belief and that the signatures are genuine and were signed in his presence.
(c) Bear the name of a county and be submitted to the county clerk of that county for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition. A challenge to the form of a document must be made in a district court in the county that is named on the document.
(d) Be signed only by registered voters of the county that is named on the document.
2. If the office to which the candidate is to be nominated is a county office, only the registered voters of that county may sign the petition. If the office to which the candidate is to be nominated is a district office, only the registered voters of that district may sign the petition.
3. Each person who signs a petition shall also provide the address of the place where he resides, the date that he signs and the name of the county in which he is registered to vote.
4. The county clerk shall not disqualify the signature of a voter who failed to provide all the information required by subsection 3 if the voter is registered in the county named on the document.
(Added to NRS by 1987, 1360; A 1993, 2667; 1999, 1390, 3549)
NRS 293.1725 Candidates: Submission of list to Secretary of State; filing of declaration of candidacy and certificate of nomination.
1. Except as otherwise provided in subsection 4, a minor political party that wishes to place its candidates for partisan office on the ballot for a general election and:
(a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715;
(b) Files a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715; or
(c) Whose candidates are entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715,
Ê must file with the Secretary of State a list of its candidates for partisan office not earlier than the first Monday in May preceding the election nor later than 5 p.m. on the second Friday after the first Monday in May. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The Secretary of State shall strike from the list each candidate who is not entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715 if the minor political party is not entitled to place candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list may be amended not later than 5 p.m. on the second Friday after the first Monday in May.
2. The Secretary of State shall immediately forward a certified copy of the list of candidates for partisan office of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.
3. Each candidate on the list must file his declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates for partisan office of his minor political party is filed with the Secretary of State nor later than 5 p.m. on the second Friday after the first Monday in May.
4. A minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has qualified to place the names of its candidates for partisan office on the ballot for the general election pursuant to subsection 2 of NRS 293.1715 must file with the Secretary of State a certificate of nomination for these offices not later than the first Tuesday in September.
(Added to NRS by 1987, 1360; A 1989, 2161; 1993, 2175; 1997, 316; 1999, 1391, 3550; 2003, 1642)
NRS 293.174 Challenge of qualification.
1. If the qualification of a minor political party is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the third Friday in August. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the third Friday in August. A challenge pursuant to this subsection must be filed with the First Judicial District Court if the petition was filed with the Secretary of State.
2. If the qualification of a candidate of a minor political party other than a candidate for the office of President or Vice President of the United States is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in May. A challenge pursuant to this subsection must be filed with:
(a) The First Judicial District Court; or
(b) If a candidate who filed a declaration of candidacy with a county clerk is challenged, the district court for the county where the declaration of candidacy was filed.
(Added to NRS by 1987, 1361; A 1999, 1392)
NOMINATIONS
NRS 293.175 Date of primary election; nomination of candidates; applicability of provisions governing nominations.
1. The primary election must be held on the 12th Tuesday before the general election in each even-numbered year.
2. Candidates for partisan office of a major political party and candidates for nonpartisan office must be nominated at the primary election.
3. Candidates for partisan office of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171 to 293.174, inclusive.
4. Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply to:
(a) Special elections to fill vacancies.
(b) The nomination of the officers of incorporated cities.
(c) The nomination of district officers whose nomination is otherwise provided for by statute.
(Added to NRS by 1960, 243; A 1963, 1387; 1983, 1116; 1985, 268; 1987, 1366; 1989, 226; 1999, 1392, 3550; 2001, 672; 2005, 1434)
NRS 293.1755 Residency requirements for candidates; penalty for knowingly and willfully making false statement concerning residency on declaration or acceptance of candidacy; exception.
1. In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations of candidacy or acceptances of candidacy for the office which he seeks, he has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the State, district, county, township or other area prescribed by law to which the office pertains and, if elected, over which he will have jurisdiction or which he will represent.
2. Any person who knowingly and willfully files an acceptance of candidacy or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.
3. The provisions of this section do not apply to candidates for the office of district attorney.
(Added to NRS by 1975, 617; A 1983, 1103; 1989, 2161; 1997, 3447; 1999, 2151; 2001, 673)
NRS 293.176 When candidacy for major political party prohibited; exception.
1. Except as otherwise provided in subsection 2, no person may be a candidate of a major political party for partisan office in any election if he has changed:
(a) The designation of his political party affiliation; or
(b) His designation of political party from nonpartisan to a designation of a political party affiliation,
Ê on an application to register to vote in the State of Nevada or in any other state during the time beginning on December 31 preceding the closing filing date for that election and ending on the date of that election whether or not his previous registration was still effective at the time of the change in party designation.
2. The provisions of subsection 1 do not apply to any person who is a candidate of a political party that was not qualified pursuant to NRS 293.171 on the December 31 next preceding the closing filing date for the election.
(Added to NRS by 1963, 1373; A 1971, 1551; 1979, 491; 1987, 690; 1989, 2161; 1995, 75, 2259, 2775; 1997, 1607; 1999, 3551; 2001, 2947; 2005, 1434)
NRS 293.177 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 his civil rights restored.
1. Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and has paid the fee required by NRS 293.193 not earlier than:
(a) For a candidate for judicial office, the first Monday in January of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in January; and
(b) For all other candidates, the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in May.
2. A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
County of ...............................
For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.
...............................................................................
(Designation of name)
...............................................................................
(Signature of candidate for office)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
...............................................................................
Notary Public or other person
authorized to administer an oath
(b) For nonpartisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
County of ...............................
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………, in the City or Town of ……., County of ………, State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
...............................................................................
(Designation of name)
...............................................................................
(Signature of candidate for office)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
...............................................................................
Notary Public or other person
authorized to administer an oath
3. The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if:
(a) The candidate’s address is listed as a post office box unless a street address has not been assigned to his residence; or
(b) The candidate does not present to the filing officer:
(1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or
(2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including 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 filing officer for the office as his agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.
6. If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer:
(a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether he has had his civil rights restored by a court of competent jurisdiction; and
(b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.
7. The receipt of information by the Attorney General or district attorney pursuant to subsection 6 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer must post a notice at each polling place where the candidate’s name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.
(Added to NRS by 1960, 243; A 1961, 285; 1963, 1372; 1967, 859; 1971, 438, 1551; 1975, 617; 1977, 240; 1979, 262, 635; 1983, 1116; 1985, 1218; 1989, 178, 1728, 2162; 1993, 2175; 1995, 75, 2260; 1997, 228, 752, 771, 3447; 1999, 2151; 2001, 149, 673; 2003, 683, 1643, 1715; 2005, 2284; 2007, 212, 1148)
NRS 293.180 Certificates of candidacy: Requirements; filing; acceptance of candidacy.
1. Ten or more registered voters may file a certificate of candidacy designating any registered voter as a candidate for:
(a) Their major political party’s nomination for any partisan elective office, or as a candidate for nomination for any nonpartisan office other than a judicial office, not earlier than the first Monday in April of the year in which the election is to be held nor later than 5 p.m. on the first Friday in May; or
(b) Nomination for a judicial office, not earlier than the first Monday in December of the year immediately preceding the year in which the election is to be held nor later than 5 p.m. on the first Friday in January of the year in which the election is to be held.
2. When the certificate has been filed, the officer in whose office it is filed shall notify the person named in the certificate. If the person named in the certificate files an acceptance of candidacy and pays the required fee, as provided by law, he is a candidate in the primary election in like manner as if he had filed a declaration of candidacy.
3. If a certificate of candidacy relates to a partisan office, all of the signers must be of the same major political party as the candidate designated.
(Added to NRS by 1960, 244; A 1963, 1387; 1971, 439; 1983, 1117; 1987, 1366; 1989, 226, 1729; 2007, 215)
NRS 293.181 Declaration of residency required of candidate for Office of State Senator or Assemblyman.
1. A candidate for the Office of State Senator or Assemblyman must execute and file with his declaration of candidacy or acceptance of candidacy a declaration of residency which must be in substantially the following form:
I, the undersigned, do swear or affirm under penalty of perjury that I have been a citizen resident of this State as required by NRS 218.010 and have actually, as opposed to constructively, resided at the following residence or residences since November 1 of the preceding year:
...............................................................
Street Address Street Address
...............................................................
City or Town City or Town
...............................................................
State State
From................... To.................... From....................... To....................
Dates of Residency Dates of Residency
...............................................................
Street Address Street Address
...............................................................
City or Town City or Town
...............................................................
State State
From................... To.................... From....................... To....................
Dates of Residency Dates of Residency
(Attach additional sheet or sheets of residences as necessary)
2. Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where he actually, as opposed to constructively, resided or resides in accordance with NRS 281.050, if one has been assigned. The declaration of residency must not be accepted for filing if any of the candidate’s addresses are listed as a post office box unless a street address has not been assigned to the residence.
(Added to NRS by 1981, 1037; A 1989, 179; 1993, 2177; 1997, 754; 1999, 2153)
NRS 293.182 Written challenges concerning 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 days after the last day the person may withdraw his candidacy pursuant to NRS 293.202, an elector may file with the filing officer for the office a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or a statute of this State, including, without limitation, a requirement concerning age or residency. Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the challenged person.
2. A challenge filed pursuant to subsection 1 must:
(a) Indicate each qualification the person fails to meet;
(b) Have attached all documentation and evidence supporting the challenge; and
(c) Be in the form of an affidavit, signed by the elector under penalty of perjury.
3. Upon receipt of a challenge pursuant to subsection 1:
(a) The Secretary of State shall immediately transmit the challenge to the Attorney General.
(b) A filing officer other than the Secretary of State shall immediately transmit the challenge to the district attorney.
4. If the Attorney General or district attorney determines that probable cause exists to support the challenge, the Attorney General or district attorney shall, not later than 5 working days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
5. If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the Constitution or a statute of this State, or if the person fails to appear at the hearing:
(a) The name of the person must not appear on any ballot for the election for the office for which he filed the declaration of candidacy or acceptance of candidacy; and
(b) The person is disqualified from entering upon the duties of the office for which he filed the declaration of candidacy or acceptance of candidacy.
6. If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the challenged person.
(Added to NRS by 2001, 671)
NRS 293.184 Penalty for knowingly and willfully making false statement on declaration or acceptance of candidacy. In addition to any other penalty provided by law, if a person knowingly and willfully files a declaration of candidacy or acceptance of candidacy which contains a false statement:
1. The name of the person must not appear on any ballot for the election for which he filed the declaration of candidacy or acceptance of candidacy; and
2. The person is disqualified from entering upon the duties of the office for which he was a candidate.
(Added to NRS by 2001, 672)
NRS 293.185 Offices for filing declarations, certificates and acceptances of candidacies. The declaration of candidacy, the certificate of candidacy and the acceptance of candidacy must be filed during regular office hours, as follows:
1. For United States Senator, Representative in Congress, statewide offices, State Senators and Assemblymen to be elected from districts comprising more than one county, and all other offices whose districts comprise more than one county, with the Secretary of State.
2. For Representative in Congress and district offices voted for wholly within one county, State Senators and Assemblymen to be elected from districts comprising but one or part of one county, county and township officers, with the county clerk.
(Added to NRS by 1960, 244; A 1965 Special Session, 4; 1983, 1287; 1987, 1367)
NRS 293.187 Certification of names of persons for whom candidacy papers have been filed by Secretary of State to county clerks.
1. The Secretary of State shall forward to each county clerk a certified list containing the name and mailing address of each person for whom candidacy papers have been filed in the office of the Secretary of State, and who is entitled to be voted for in the county at the next succeeding primary election, together with the title of the office for which the person is a candidate and the party or principles he represents. The Secretary of State shall forward the certified list not later than 5 working days after the last day upon which any candidate on the list may withdraw his candidacy pursuant to NRS 293.202.
2. There must be a party designation only for candidates for partisan offices.
(Added to NRS by 1960, 244; A 1983, 1118; 1989, 1729; 1993, 2178; 1999, 3551)
NRS 293.190 Certification to county clerks by Secretary of State of names of certain persons nominated. Immediately following the primary election at which candidates are nominated for any public office, the Secretary of State shall certify to each county clerk the name of each person nominated and the title of the office for which he is nominated for all candidates required to file declarations, certificates and acceptances of candidacies in the office of the Secretary of State.
(Added to NRS by 1960, 244; A 1961, 285)
1. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy must be paid to the filing officer by cash, cashier’s check or certified check.
United States Senator........................................................................................... $500
Representative in Congress................................................................................... 300
Governor................................................................................................................... 300
Justice of the Supreme Court................................................................................ 300
Any state office, other than Governor or justice of the Supreme Court....... 200
District judge............................................................................................................ 150
Justice of the peace................................................................................................. 100
Any county office................................................................................................... 100
State Senator............................................................................................................ 100
Assemblyman.......................................................................................................... 100
Any district office other than district judge.......................................................... 30
Constable or other town or township office......................................................... 30
For the purposes of this subsection, trustee of a county school district, hospital or hospital district is not a county office.
2. No filing fee may be required from a candidate for an office the holder of which receives no compensation.
3. The county clerk shall pay to the county treasurer all filing fees received by him from candidates. The county treasurer shall deposit the money to the credit of the general fund of the county.
4. Except as otherwise provided in NRS 293.194, a filing fee paid pursuant to this section is not refundable.
(Added to NRS by 1960, 245; A 1967, 845; 1981, 20; 1985, 650; 1987, 691; 1989, 56; 1991, 122, 1603; 1997, 755; 2003, 1704)
NRS 293.194 Return of filing fee to certain candidates. The filing fee of an independent candidate who files a petition pursuant to NRS 293.200 or 298.109, of a candidate of a minor political party or of a candidate of a new major political party, must be returned to the candidate by the officer to whom the fee was paid within 10 days after the date on which a final determination is made that the petition of the candidate, minor political party or new major political party failed to contain the required number of signatures.
(Added to NRS by 1987, 1361; A 1997, 756)
NRS 293.195 Nonpartisan offices.
1. Judicial offices, school offices, the office of county sheriff, the Board of Regents of the University of Nevada, city and town officers, the State Board of Education and members of boards of hospital trustees of public hospitals are hereby designated nonpartisan offices.
2. No words designating the party affiliation of a candidate for nonpartisan offices may be printed upon the ballot.
(Added to NRS by 1960, 245; A 1961, 286; 1969, 1561; 1977, 241; 1989, 410; 1995, 2775)
NRS 293.196 Each office of justice of the Supreme Court constitutes separate office for nomination and election. For purposes of elections only, the Secretary of State shall establish designations which separately identify each office of justice of the Supreme Court. Before any person is allowed to file a declaration of candidacy for the office of justice of the Supreme Court, he shall designate the particular office for which he is declaring his candidacy.
(Added to NRS by 1975, 936)
NRS 293.197 Each department of district court constitutes separate office for nomination and election; ballots used in certain counties.
1. In any judicial district that has more than one district judge, each department is a separate office for the purposes of nominating and electing the district judge of that department.
2. In any judicial district that includes a county whose population is 100,000 or more:
(a) The departments of the family division of the district court must be denoted as such on all ballots and sample ballots, using the words “district court judge, family division, department . . .” Each such department must be separately designated.
(b) The remaining departments of the district court must be denoted as such on all ballots and sample ballots, using the words “district court judge, department . . .” Each such department must be designated with a numeral, beginning with “1” and continuing in sequence for each department.
(Added to NRS by 1960, 245; A 1991, 2185; 1999, 3551)
NRS 293.198 Each department of Justice Court constitutes separate office for nomination and election. In any township which has more than one justice of the peace, each department is a separate office for the purposes of nominating and electing the justice of the peace of that department.
(Added to NRS by 1979, 262)
NRS 293.200 Independent candidates: Qualification; petition of candidacy; time limit for challenge; declaration of candidacy.
1. An independent candidate for partisan office must file with the appropriate filing officer:
(a) A copy of the petition of candidacy that he intends to subsequently circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 25 working days before the last day to file the petition pursuant to subsection 4.
(b) Either of the following:
(1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in:
(I) This State for that office at the last preceding general election in which a person was elected to that office, if the office is a statewide office;
(II) The county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office; or
(III) The district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.
(2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.
2. The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated, and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition pursuant to subsection 4. Each person who signs the petition shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
3. The petition of candidacy may state the principle, if any, which the person qualified represents.
4. Petitions of candidacy must be filed not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the second Friday after the first Monday in May.
5. No petition of candidacy may contain the name of more than one candidate for each office to be filled.
6. A person may not file as an independent candidate if he is proposing to run as the candidate of a political party.
7. The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
8. If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in May.
9. Any challenge pursuant to subsection 8 must be filed with:
(a) The First Judicial District Court if the petition of candidacy was filed with the Secretary of State.
(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
10. An independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is held nor later than 5 p.m. on the second Friday after the first Monday in May.
(Added to NRS by 1960, 245; A 1961, 286; 1963, 1387; 1971, 440, 1122; 1975, 936; 1979, 403; 1983, 1118; 1987, 1367; 1989, 2164; 1993, 2668; 1997, 316; 1999, 1392, 2154, 3551; 2001, 149, 154; 2003, 1645, 1704)
NRS 293.202 Withdrawal of candidacy; rescission.
1. A withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within 7 days, excluding Saturdays, Sundays and holidays, after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office. If the withdrawal of candidacy is submitted in a timely manner pursuant to the provisions of this subsection, it shall be deemed effective after the seventh day, excluding Saturdays, Sundays and holidays, after the last day for filing.
2. A rescission of a withdrawal of candidacy must be in writing and presented by the candidate in person, within the 7 days, excluding Saturdays, Sundays and holidays, after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.
(Added to NRS by 1979, 262; A 1981, 349; 1991, 2217; 1995, 2775; 1997, 3450; 1999, 3553; 2007, 2582)
NRS 293.203 Contents and publication of notice of primary or general election. Immediately upon receipt by the county clerk of the certified list of candidates from the Secretary of State, the county clerk shall publish a notice of primary election or general election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:
1. The date of the election.
2. The location of the polling places.
3. The hours during which the polling places will be open for voting.
4. The names of the candidates.
5. A list of the offices to which the candidates seek nomination or election.
Ê The notice required for a general election pursuant to this section may be published in conjunction with the notice required for a proposed constitution, constitutional amendment or statewide measure pursuant to NRS 293.253. If the notices are combined in this manner, they must be published three times in accordance with subsection 3 of NRS 293.253.
(Added to NRS by 1960, 246; A 1961, 286; 1967, 860; 1991, 2217; 1997, 756)
NRS 293.204 Time for filing declaration or acceptance of candidacy for special election. If a special election is held pursuant to the provisions of this title, the Secretary of State shall prescribe the time during which a candidate must file a declaration or acceptance of candidacy.
(Added to NRS by 1993, 2168)
ELECTION PRECINCTS
NRS 293.205 Establishment, abolishment, alteration and consolidation; boundaries.
1. Except as otherwise provided in NRS 293.208, on or before the third Wednesday in May of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require.
2. The boundaries of each election precinct must follow visible ground features or extensions of visible ground features, except where the boundary coincides with the official boundary of the State or a county or city.
3. Election precincts must be composed only of contiguous territory.
4. As used in this section, “visible ground feature” includes a street, road, highway, river, stream, shoreline, drainage ditch, railroad right-of-way or any other physical feature which is clearly visible from the ground.
(Added to NRS by 1960, 246; A 1961, 287; 1971, 440; 1975, 937; 1977, 241; 1981, 1871; 1983, 1119; 1985, 1092; 1987, 153; 1989, 849, 1665)
NRS 293.206 Submission of maps to Secretary of State and Legislative Counsel Bureau; determination of statutory compliance; revisions.
1. On or before the last day in May of every even-numbered year, the county clerk shall provide the Secretary of State and the Director of the Legislative Counsel Bureau with a copy or electronic file of a map showing the boundaries of all election precincts in the county.
2. If the Secretary of State determines that the boundaries of an election precinct do not comply with the provisions of NRS 293.205, he must provide the county clerk with a written statement of noncompliance setting forth the reasons the precinct is not in compliance. Within 15 days after receiving the notice of noncompliance, the county clerk shall make any adjustments to the boundaries of the precinct which are required to bring the precinct into compliance with the provisions of NRS 293.205 and he shall submit a corrected copy or electronic file of the precinct map to the Secretary of State and the Director of the Legislative Counsel Bureau.
3. If the initial or corrected election precinct map is not filed as required pursuant to this section or the county clerk fails to make the necessary changes to the boundaries of an election precinct pursuant to subsection 2, the Secretary of State may establish appropriate precinct boundaries in compliance with the provisions of NRS 293.205 to 293.213, inclusive. If the Secretary of State revises the map pursuant to this subsection, he shall submit a copy or electronic file of the revised map to the Director of the Legislative Counsel Bureau and the appropriate county clerk.
4. As used in this section, “electronic file” includes, without limitation, an electronic data file of a geographic information system.
(Added to NRS by 1989, 1664; A 2003, 1646)
NRS 293.207 Establishment on basis of number of voters therein; maximum number of voters; consolidation of precincts.
1. Election precincts must be established on the basis of the number of registered voters therein, with a maximum of 1,500 registered voters who are not designated inactive pursuant to NRS 293.530 per precinct in those precincts in which a mechanical voting system is used.
2. Except as otherwise provided in subsections 3 and 4, the county clerk may consolidate two or more contiguous election precincts into a single voting district to conduct a particular election as public convenience, necessity and economy may require.
3. If a county clerk proposes to consolidate two or more contiguous election precincts, in whole or in part, pursuant to subsection 2, the county clerk shall, at least 14 days before consolidating the precincts, cause notice of the proposed consolidation to be:
(a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and
(b) Mailed to each Assemblyman, State Senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the consolidation.
4. A person may file a written objection to the proposed consolidation with the county clerk. The county clerk shall consider each written objection filed pursuant to this subsection before consolidating the precincts.
(Added to NRS by 1960, 246; A 1971, 440; 1975, 970; 1983, 914; 1985, 1092; 1991, 2218; 1997, 2776; 1999, 1394; 2007, 2582)
NRS 293.208 Limitations on creation, division, abolition, consolidation and alteration during certain periods; exceptions.
1. Except as otherwise provided in subsections 2, 3 and 5 and in NRS 293.206, no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in May of any year whose last digit is 6 and the time when the Legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:
(a) Ordered by a court of competent jurisdiction;
(b) Required to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965, 42 U.S.C. §§ 1971 and 1973 et seq., and any amendments thereto;
(c) Required to comply with subsection 2 of NRS 293.205;
(d) Required by the incorporation of a new city; or
(e) Required by the creation of or change in the boundaries of a special district.
Ê As used in this subsection, “special district” means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this State as enumerated in title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.
2. If a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.
3. A new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.
4. If a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:
(a) Within 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the Director of the Legislative Counsel Bureau and the Secretary of State a copy or electronic file of a map showing the new boundaries of the precinct; and
(b) Maintain in his office an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.
5. Cities of population categories two and three are exempt from the provisions of subsection 1.
6. As used in this section, “electronic file” includes, without limitation, an electronic data file of a geographic information system.
(Added to NRS by 1989, 848; A 1989, 1667; 1997, 756; 2001, 633; 2003, 1647)
NRS 293.209 Creation or change of election district during certain period in year of general or general city election prohibited; annexation not prohibited during year of election. A political subdivision of this State shall not create, divide, change the boundaries of, abolish or consolidate an election district after the first day of filing by candidates during any year in which a general election or city general election is held for that election district. This section does not prohibit a political subdivision from annexing territory in a year in which a general election or city general election is held for that election district.
(Added to NRS by 1993, 2168; A 1995, 2775; 1997, 757)
NRS 293.210 Establishment of new election precinct: Petition and conditions. Except as otherwise provided in NRS 293.208, a new precinct may be established upon petition of 10 or more registered voters, permanently residing in the area sought to be constituted a precinct, stating that they reside more than 10 miles from any polling place in the county. If it appears to the satisfaction of the county clerk that not less than 50 registered voters reside in the area, the precinct may be established without regard to the distance which the registered voters reside from another polling place or precinct.
(Added to NRS by 1960, 246; A 1971, 441; 1985, 269; 1989, 849)
NRS 293.213 Mailing precincts; absent ballot mailing precincts.
1. Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county clerk may establish that precinct as a mailing precinct.
2. Except as otherwise provided in NRS 293.208, the county clerk in any county where an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine those mailing precincts into absent ballot precincts. Those mailing precincts must be designated absent ballot mailing precincts.
3. In any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered voters, may be designated an absent ballot mailing precinct.
4. The county clerk shall, at least 14 days before establishing or designating a precinct as a mailing precinct or absent ballot mailing precinct or before abolishing a mailing precinct pursuant to this section, cause notice of such action to be:
(a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and
(b) Mailed to each Assemblyman, State Senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the action.
(Added to NRS by 1960, 246; A 1961, 287; 1969, 718; 1971, 441; 1989, 849; 1993, 2178; 1999, 1394; 2007, 2582)
ELECTION BOARDS
NRS 293.217 Appointment of officers by county clerk; appointment of deputy sheriffs for elections; appointment of trainees.
1. The county clerk of each county shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the county as provided in NRS 293.220 to 293.243, inclusive, and 293.384. The registered voters appointed as election board officers for any precinct or district must not all be of the same political party. No candidate for nomination or election or his relative within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the county clerk, the sheriff shall:
(a) Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central counting board; or
(b) Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized officer shall receive no additional compensation for his services rendered as a deputy sheriff during the election for which he is deputized.
Ê Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.
2. The county clerk may appoint a trainee for the position of election board officer as set forth in NRS 293.2175.
(Added to NRS by 1960, 247; A 1961, 287; 1963, 1381; 1975, 937; 1985, 1594; 1987, 712; 1993, 527; 2007, 2583)
NRS 293.2175 Appointment of pupil as trainee: Qualifications; requirements; duties; compensation.
1. The county clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:
(a) A United States citizen, a resident of Nevada and a resident of the county in which he serves;
(b) Enrolled in high school; and
(c) At the time of service, at least 16 years of age.
2. The county clerk may only appoint a pupil as a trainee if:
(a) The pupil is appointed without party affiliation;
(b) The county clerk sends the pupil a certificate stating the date and hours that the pupil will act as a trainee;
(c) At least 20 days before the election in which the pupil will act as a trainee, the principal of his high school or his assigned school counselor receives the county clerk’s certificate and a written request signed by his parent or guardian to be excused from school for the time specified in the certificate;
(d) The principal of the high school or the assigned school counselor of the pupil approves the pupil’s request; and
(e) The pupil attends the training class required by NRS 293B.260.
3. Except as otherwise provided in this subsection, the county clerk may assign a trainee such duties as the county clerk deems appropriate. The county clerk shall not:
(a) Require the trainee to perform those duties later than 10 p.m. or any applicable curfew, whichever is earlier; or
(b) Assign more than one trainee to serve as an election board officer in any one precinct.
4. The county clerk may compensate a trainee for his service at the same rate fixed for election board officers generally.
(Added to NRS by 1993, 527; A 1997, 3450; 1999, 263; 2003, 1648)
NRS 293.218 Recommendations by chairman of election board of persons for service on election board. The county clerk may provide by rule or regulation for the:
1. Recommendation, by the persons selected as chairmen of election boards, of suitable persons to serve as members of election boards; and
2. Recommendation by the chairmen of suitable persons to serve in the case of vacancies.
(Added to NRS by 1973, 320; A 1977, 241; 1987, 335; 1997, 3450)
NRS 293.219 Recommendations by political parties of persons for service on election board.
1. Not less than 60 days before a primary or a general election, the county central committee of each major political party for each county may recommend to the county clerk of the county three registered voters for each precinct in the county to act as election board officers of the primary or general election in the precinct or district.
2. Not less than 60 days before a general election, the executive committee of each minor political party for each county may recommend to the county clerk of the county three registered voters for each precinct in the county to act as election board officers of the general election in the precinct or district.
3. After that date the county clerk may accept recommendations for reserve election board officers for the election.
(Added to NRS by 1960, 242; A 1989, 226)—(Substituted in revision for NRS 293.170)
NRS 293.220 Delivery of notice of appointment to officer or trainee. Upon the selection of persons to act as election board officers pursuant to NRS 293.217 or as trainees pursuant to NRS 293.2175, the county clerk shall deliver, by mail or other means, notifications of the appointments to those persons.
(Added to NRS by 1960, 247; A 1987, 335; 1993, 528; 1999, 263)
NRS 293.223 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 293.217 or as a trainee pursuant to NRS 293.2175 is unwilling to serve as appointed, he shall notify the county clerk within 5 days after receipt of the notification that he is unwilling to serve, whereupon the county clerk shall appoint some other registered voter to serve at the election.
(Added to NRS by 1960, 247; A 1987, 335; 1993, 528; 1999, 263)
NRS 293.225 Continuing powers and duties of election boards; reserve officers of election board; procedure for filling vacancies.
1. Members of election boards continue as such from the day before the day of the election, until the time for filing contests of the election has expired.
2. Each member of an election board is subject to call by the board of county commissioners or city council to correct any errors discovered during the canvass of votes by the board of county commissioners or city council.
3. Reserve election board officers must be appointed by the county or city clerk, if practicable, to fill any vacancy which occurs on the day of the election, and the reserve officers must be compensated if they serve at the polls.
4. If a vacancy occurs in any election board on the day of the election and no reserves are available, the election board may appoint, at the polling place, any registered voter who is willing to serve and satisfies the election board that he possesses the qualifications required to perform the services required.
(Added to NRS by 1960, 247; A 1985, 1595; 1987, 335)
NRS 293.227 Number of members; duties; restrictions upon participation of trainees; chairmen.
1. Each election board must have one member designated as the chairman by the county or city clerk. The election boards shall make the records of election required by this chapter.
2. The appointment of a trainee as set forth in NRS 293.2175 and 293C.222 may be used to determine the number of members on the election board, but under no circumstances may:
(a) The election board of any precinct include more than one trainee; or
(b) A trainee serve as chairman of the election board.
3. The county or city clerk shall conduct or cause to be conducted a school to acquaint the members of an election board with the election laws, duties of election boards, regulations of the Secretary of State and with the procedure for making the records of election and using the register for election boards.
4. The board of county commissioners of any county or the city council of any city may reimburse the members of an election board who attend the school for their travel expenses at a rate not exceeding 10 cents per mile.
(Added to NRS by 1960, 248; A 1961, 288; 1967, 845; 1977, 241; 1987, 336; 1993, 528; 1999, 264; 2003, 1648; 2007, 2583)
NRS 293.230 Appointment of single central election board for mailing precincts. Except as otherwise provided in NRS 293.235, one election board must be appointed by the county clerk for all mailing precincts within the county and must be designated the central election board. The county clerk shall deliver the mailed ballots to that board in his office, and the board shall count the votes on those ballots in the manner required by law.
(Added to NRS by 1960, 248; A 1987, 336, 691; 1997, 3451; 2007, 2584)
NRS 293.233 Appointment and duties of voting board and counting board in precinct or district where there are 200 or more registered voters and paper ballots are used. Repealed. (See chapter 478, Statutes of Nevada 2007, at page 2626.)
NRS 293.235 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 county clerk that an absent ballot central counting board will expedite the work of tallying the absent ballot vote of the county, he may appoint such a board. In counties which use a computer to maintain records of registered voters, the county clerk shall appoint the board.
2. In counties where an absent ballot central counting board has been appointed, no central election board may be appointed. The absent ballot central counting board shall perform the duties of the central election board.
(Added to NRS by 1960, 248; A 1985, 558; 1987, 337; 1997, 3451)
NRS 293.243 Number of officers on absent ballot central counting board; appointment of deputy sheriff; absent ballot central counting board under direction of county clerk.
1. An absent ballot central counting board consists of election board officers appointed in such numbers as the county clerk determines to be required by the volume of absent ballots requested.
2. The county clerk’s deputies who perform duties in connection with elections shall be deemed officers of the absent ballot central counting board.
3. When requested by the county clerk, the sheriff shall appoint a deputy sheriff to keep order during the counting of the absent ballot votes by the absent ballot central counting board.
4. The absent ballot central counting board is under the direction of the county clerk.
(Added to NRS by 1960, 249; A 1961, 288; 1967, 860; 1977, 242; 1981, 1739; 1985, 1595; 1987, 337; 1997, 3451)
NRS 293.245 Placing of absent ballots in ballot box. Repealed. (See chapter 478, Statutes of Nevada 2007, at page 2626.)
REGULATION OF ELECTIONS
NRS 293.247 Regulations of Secretary of State for conduct of elections; interpretations; distribution of information to county and city clerks.
1. The Secretary of State shall adopt regulations, not inconsistent with the election laws of this State, for the conduct of primary, general, special and district elections in all cities and counties. Permanent regulations of the Secretary of State that regulate the conduct of a primary, general, special or district election that are effective on or before December 31 of the year immediately preceding a primary, general, special or district election govern the conduct of that election.
2. The Secretary of State shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy and any petition which is filed pursuant to the general election laws of this State.
3. The regulations must prescribe:
(a) The duties of election boards;
(b) The type and amount of election supplies;
(c) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;
(d) The method to be used in distributing ballots to precincts and districts;
(e) The method of inspection and the disposition of ballot boxes;
(f) The form and placement of instructions to voters;
(g) The recess periods for election boards;
(h) The size, lighting and placement of voting booths;
(i) The amount and placement of guardrails and other furniture and equipment at voting places;
(j) The disposition of election returns;
(k) The procedures to be used for canvasses, ties, recounts and contests, including, without limitation, the appropriate use of a paper record created when a voter casts a ballot on a mechanical voting system that directly records the votes electronically;
(l) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391 or 293C.390;
(m) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections;
(n) The procedures to be used for the testing, use and auditing of a mechanical voting system which directly records the votes electronically and which creates a paper record when a voter casts a ballot on the system;
(o) The procedures to be used for the disposition of absent ballots in case of an emergency;
(p) The forms for applications to register to vote and any other forms necessary for the administration of this title; and
(q) Such other matters as determined necessary by the Secretary of State.
4. The Secretary of State may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this State.
5. The Secretary of State shall prepare and distribute to each county and city clerk copies of:
(a) Laws and regulations concerning elections in this State;
(b) Interpretations issued by the Secretary of State’s Office; and
(c) Any Attorney General’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the Secretary of State.
(Added to NRS by 1960, 249; A 1971, 1485; 1975, 937; 1979, 263; 1987, 337, 692, 1368; 1991, 2218; 1993, 2178; 1995, 2262; 1997, 3452; 2007, 2584)
NRS 293.250 Secretary of State to prescribe procedure for registration of voters by computer and form of ballots, other documents and papers; printed matter on ballots; authority of county clerks to divide paper ballots and prescribe color for ballots and voting receipts.
1. The Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:
(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State.
(b) The procedure to be followed when a computer is used to register voters and to keep records of registration.
2. The Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.
3. The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.
4. The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.
5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held.
6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.
7. A county clerk:
(a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.
(Added to NRS by 1960, 250; A 1961, 288; 1965, 652; 1967, 846; 1971, 441, 1486; 1977, 242, 1010; 1981, 752; 1985, 558; 1987, 110, 338; 1995, 2262; 1997, 2777, 2795, 3064, 3453; 1999, 635; 2003, 1690; 2007, 2585)
CONSTITUTIONAL AND STATEWIDE MEASURES
NRS 293.252 Appointment of committees to prepare arguments advocating and opposing approval of constitutional amendments and statewide measures proposed by initiative or referendum; duties of committees; Secretary of State required to reject libelous or factually inaccurate statements; appeal.
1. For each constitutional amendment or statewide measure proposed by initiative or referendum to be placed on the ballot by the Secretary of State, the Secretary of State shall, pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative or referendum and the other committee must be composed of three persons who oppose approval by the voters of the initiative or referendum.
2. If the Secretary of State is unable to appoint three persons who are willing to serve on a committee, he may appoint fewer than three persons to that committee, but he must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative or referendum and the committee that opposes approval by the voters of that initiative or referendum.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative or referendum.
4. The Secretary of State shall consider appointing to a committee pursuant to this section:
(a) Any person who has expressed an interest in serving on the committee; and
(b) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
5. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative or referendum, prepare an argument either advocating or opposing approval by the voters of the initiative or referendum;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;
(f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):
(1) The fiscal impact of the initiative or referendum;
(2) The environmental impact of the initiative or referendum; and
(3) The impact of the initiative or referendum on the public health, safety and welfare; and
(g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the Secretary of State not later than the date prescribed by the Secretary of State pursuant to subsection 6.
6. The Secretary of State shall provide, by rule or regulation:
(a) The maximum permissible length of an argument and rebuttal prepared pursuant to this section; and
(b) The date by which an argument and rebuttal prepared pursuant to this section must be submitted by a committee to the Secretary of State.
7. Upon receipt of an argument or rebuttal prepared pursuant to this section, the Secretary of State:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative or referendum pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Ê The decision of the Secretary of State to reject a statement pursuant to this subsection is a final decision for the purposes of judicial review. Not later than 5 days after the Secretary of State rejects a statement pursuant to this subsection, the committee that prepared the statement may appeal that rejection by filing a complaint in the First Judicial District Court. The Court shall set the matter for hearing not later than 3 working days after the complaint is filed and shall give priority to such a complaint over all other matters pending before the court, except for criminal proceedings.
8. The Secretary of State may revise the language submitted by a committee pursuant to this section so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect of the language without the consent of the committee.
(Added to NRS by 2003, 1689; A 2007, 1140)
NRS 293.253 Publication: Duties of Secretary of State and county clerk; costs.
1. The Secretary of State shall provide each county clerk with copies of any proposed constitution, constitutional amendment or statewide measure which will appear on the general election ballot, together with the copies of the condensations, explanations, arguments, rebuttals and fiscal notes prepared pursuant to NRS 218.443, 293.250 and 293.252.
2. Whenever feasible, he shall provide those copies on or before the first Monday in August of the year in which the proposals will appear on the ballot. Copies of any additional proposals must be provided as soon after their filing as feasible.
3. Each county clerk shall cause a copy of the full text of any such constitution, amendment or measure and its condensation, explanation, arguments, rebuttals and fiscal note to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the first Monday in October. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. If a copy is furnished by the Secretary of State too late to be published at 7-day intervals, it must be published three times at the longest intervals feasible in each county.
5. The portion of the cost of publication which is attributable to publishing the questions, explanations, arguments, rebuttals and fiscal notes of proposed constitutions, constitutional amendments or statewide measures is a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon recommendation by the Secretary of State and approval by the State Board of Examiners.
(Added to NRS by 1960, 250; A 1967, 846; 1975, 938; 1977, 1010; 1981, 752; 1987, 111; 1991, 1760; 1997, 3065; 2003, 1691)
VOTERS’ BILL OF RIGHTS
NRS 293.2543 Short title. NRS 293.2546 may be cited as the Voters’ Bill of Rights.
(Added to NRS by 2003, 680)
NRS 293.2546 Legislative declaration of voters’ rights. The Legislature hereby declares that each voter has the right:
1. To receive and cast a ballot that:
(a) Is written in a format that allows the clear identification of candidates; and
(b) Accurately records the voter’s preference in the selection of candidates.
2. To have his questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.
3. To vote without being intimidated, threatened or coerced.
4. To vote on election day if the voter is waiting in line at his polling place to vote before 7 p.m. and he has not already cast his vote in that election.
5. To return a spoiled ballot and is entitled to receive another ballot in its place.
6. To request assistance in voting, if necessary.
7. To a sample ballot which is accurate, informative and delivered in a timely manner.
8. To receive instruction in the use of the equipment for voting during early voting or on election day.
9. To have nondiscriminatory equal access to the elections system, including, without limitation, a voter who is elderly, disabled, a member of a minority group, employed by the military or a citizen who is overseas.
10. To have a uniform, statewide standard for counting and recounting all votes accurately.
11. To have complaints about elections and election contests resolved fairly, accurately and efficiently.
(Added to NRS by 2003, 680)
NRS 293.2549 Duties of Secretary of State and of county and city clerks.
1. The Secretary of State, each county clerk and each city clerk shall:
(a) Make the Voters’ Bill of Rights readily available to the public;
(b) Maintain a copy of the Voters’ Bill of Rights in his office for reproduction and distribution to the public; and
(c) Ensure that the Voters’ Bill of Rights is posted in a conspicuous place, in at least 12-point type, at each polling place.
2. The Secretary of State shall ensure that the Voters’ Bill of Rights is posted on his Internet website.
(Added to NRS by 2003, 680)
BALLOTS
NRS 293.256 Names of candidates on ballots 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 shall not include any title, designation or other reference which will indicate the profession or occupation of such candidates.
(Added to NRS by 1969, 20; A 1995, 2624)
NRS 293.2565 Use of given names, surnames and nicknames on ballot; use of additional criteria to distinguish between candidates having same or similar surnames.
1. Except as otherwise provided in subsection 2, in any election regulated by this chapter, the name of a candidate printed on a ballot may be the given name and surname of the candidate or a contraction or familiar form of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into the name of a candidate. The nickname must be in quotation marks and appear immediately before the surname of the candidate. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
2. Except as otherwise provided in subsection 3, in any election regulated by this chapter, if two or more candidates have the same surname or surnames so similar as to be likely to cause confusion and:
(a) None of the candidates is an incumbent, the middle names or middle initials, if any, of the candidates must be included in the names of the candidates as printed on the ballot; or
(b) One of the candidates is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
3. Where a system of voting other than by paper ballot is used and the provisions of paragraph (b) of subsection 2 are applicable, the Secretary of State may distinguish a candidate who is an incumbent in a manner other than printing the name of the incumbent in bold type provided that the manner used clearly emphasizes the name of the incumbent in a manner similar to printing his name in bold type.
(Added to NRS by 2003, 1714)
NRS 293.257 Separate primary ballots; placement of candidates’ names.
1. There must be a separate primary ballot for each major political party. The names of candidates for partisan offices who have designated a major political party in the declaration of candidacy or acceptance of candidacy must appear on the primary ballot of the major political party designated.
2. The county clerk may choose to place the names of candidates for nonpartisan offices on the ballots for each major political party or on a separate nonpartisan primary ballot, but the arrangement which he selects must permit all registered voters to vote on them.
(Added to NRS by 1960, 250; A 1963, 1388; 1965, 652; 1967, 847; 1971, 442; 1977, 243; 1979, 264; 1989, 227)
NRS 293.260 Declaration of nominees: Omission and appearance of names on primary ballot; appearance of names on general ballot.
1. Where there is no contest of election for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.
2. If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.
3. If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.
4. If only one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office and no independent candidate has filed for the office:
(a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his name must be placed on the ballot for the general election.
(b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.
5. Where no more than the number of candidates to be elected have filed for nomination for:
(a) Any partisan office or the office of justice of the Supreme Court, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for a general election;
(b) Any nonpartisan office, other than the office of justice of the Supreme Court or the office of member of a town advisory board, the names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165. If a candidate receives one or more votes at the primary election, he must be declared elected to the office and his name must not be placed on the ballot for the general election. If a candidate does not receive one or more votes at the primary election, his name must be placed on the ballot for the general election; and
(c) The office of member of a town advisory board, the candidate must be declared elected to the office and no election must be held for that office.
6. If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.
(Added to NRS by 1960, 251; A 1963, 1388; 1979, 264; 1987, 339; 1989, 227; 1997, 94, 757, 770, 3453; 2003, 869; 2007, 2586)
NRS 293.262 Absent ballot or ballot voted in mailing precinct: Methods in which ballot is to be voted. An absent ballot or a ballot voted by a voter who resides in a mailing precinct must be voted:
1. On a paper ballot; or
2. By any other system authorized by state or federal law.
(Added to NRS by 1995, 2774; A 2003, 1649; 2007, 1151, 2587)
NRS 293.263 Primary ballot for major political party: Form; names of candidates to be grouped alphabetically; exception. On the primary ballots for a major political party, the name of the major political party must appear at the top of the ballot. Except as otherwise provided in NRS 293.2565, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the partisan office for which those candidates filed.
(Added to NRS by 1960, 251; A 1965, 652; 1967, 847; 1971, 442; 1979, 265; 1989, 227; 2003, 1717)
NRS 293.265 Nonpartisan primary ballot: Form; names of candidates to be grouped alphabetically; exception. On nonpartisan primary ballots, there must appear at the top of the ballot the designation “Nonpartisan Offices.” Except as otherwise provided in NRS 293.2565, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the nonpartisan office for which those candidates filed.
(Added to NRS by 1960, 251; A 1961, 288; 1963, 1388; 1965, 652; 1967, 847; 1979, 265; 2003, 1717; 2007, 2587)
NRS 293.267 Ballot for general election: Form; names of candidates to be grouped alphabetically; exception; order of appearance of certain statewide measures.
1. Ballots for a general election must contain the names of candidates who were nominated at the primary election, the names of the candidates of a minor political party and the names of independent candidates.
2. Except as otherwise provided in NRS 293.2565, names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.
3. Except as otherwise provided in subsection 4:
(a) Immediately following the name of each candidate for a partisan office must appear the name of his political party or the word “independent,” as the case may be.
(b) Immediately following the name of each candidate for a nonpartisan office must appear the word “nonpartisan.”
4. Where a system of voting other than by paper ballot is used, the Secretary of State may provide for any placement of the name of the political party or the word “independent” or “nonpartisan” which clearly relates the designation to the name of the candidate to whom it applies.
5. If the Legislature rejects a statewide measure proposed by initiative and proposes a different measure on the same subject which the Governor approves, the measure proposed by the Legislature and approved by the Governor must be listed on the ballot before the statewide measure proposed by initiative. Each ballot and sample ballot upon which the measures appear must contain a statement that reads substantially as follows:
The following questions are alternative approaches to the same issue, and only one approach may be enacted into law. Please vote for only one.
(Added to NRS by 1960, 251; A 1963, 1389; 1965, 653; 1967, 847; 1969, 137; 1979, 265; 1987, 339; 1989, 2165; 1997, 3454; 2003, 1718)
NRS 293.2673 Ballot to indicate date of election and at which election ballot will be used.
1. A ballot prepared for use in an election in this State must be dated and marked in such a manner as to indicate clearly at which election the ballot will be used.
2. If a ballot includes a detachable stub, both the ballot and the stub must include the date of the election and indicate clearly at which election the ballot will be used.
3. If a ballot includes a voting receipt, the voting receipt must include the date of the election and indicate clearly at which election the voter cast his ballot.
(Added to NRS by 1993, 2168; A 1995, 2776; 2007, 2587)
NRS 293.268 Order of listing offices, candidates and questions on ballots. The offices for which there are candidates, the names of the candidates therefor, and the questions to be voted upon must be printed on ballots in the following order:
1. President and Vice President of the United States.
2. United States Senator and Representative in Congress, in that sequence.
3. Governor, Lieutenant Governor, Secretary of State, Treasurer, Controller and Attorney General, in that sequence.
4. State Senators and Assemblymen.
5. County and township partisan offices.
6. Statewide nonpartisan offices.
7. District nonpartisan offices.
8. County nonpartisan offices.
9. City offices:
(a) Mayor;
(b) Councilmen according to ward in numerical order, if no wards, in alphabetical order; and
(c) Municipal judges.
10. Township nonpartisan offices.
11. Questions presented to the voters of the State with advisory questions listed in consecutive order after any other questions presented to the voters of the State.
12. Questions presented only to the voters of a special district or political subdivision of the State with advisory questions listed in consecutive order after any other questions presented only to the voters of a special district or political subdivision of the State.
(Added to NRS by 1961, 296; A 1975, 939; 1979, 131; 1987, 339; 1993, 2180; 2003, 3193)
NRS 293.269 Ballots for statewide offices or President and Vice President must permit voter to register opposition to all candidates.
1. Every ballot upon which appears the names of candidates for any statewide office or for President and Vice President of the United States shall contain for each office an additional line equivalent to the lines on which the candidates’ names appear and placed at the end of the group of lines containing the names of the candidates for that office. Each additional line shall contain a square in which the voter may express his choice of that line in the same manner as he would express his choice of a candidate, and the line shall read “None of these candidates.”
2. Only votes cast for the named candidates shall be counted in determining nomination or election to any statewide office or presidential nominations or the selection of presidential electors, but for each office the number of ballots on which the additional line was chosen shall be listed following the names of the candidates and the number of their votes in every posting, abstract and proclamation of the results of the election.
3. Every sample ballot or other instruction to voters prescribed or approved by the Secretary of State shall clearly explain that the voter may mark his choice of the line “None of these candidates” only if he has not voted for any candidate for the office.
(Added to NRS by 1975, 475)
NRS 293.2693 Voter education program to be provided in county or city using paper ballots. If a county or city uses paper ballots, including, without limitation, for absent ballots and ballots voted in a mailing precinct, the county or city clerk shall provide a voter education program specific to the voting system used by the county or city. The voter education program must include, without limitation, information concerning the effect of overvoting and the procedures for correcting a vote on a ballot before it is cast and counted and for obtaining a replacement ballot.
(Added to NRS by 2003, 2169; A 2007, 1151, 2587)
VOTING SYSTEMS GENERALLY
NRS 293.2696 General requirements for voting systems; duties of Secretary of State and of county and city clerks. The Secretary of State and each county and city clerk shall ensure that each voting system used in this State:
1. Secures to each voter privacy and independence in the act of voting, including, without limitation, confidentiality of the ballot of the voter;
2. Allows each voter to verify privately and independently the votes selected by the voter on the ballot before the ballot is cast and counted;
3. Provides each voter with the opportunity, in a private and independent manner, to change the ballot and to correct any error before the ballot is cast and counted, including, without limitation, the opportunity to correct an error through the issuance of a replacement ballot if the voter is otherwise unable to change the ballot or correct the error;
4. Provides a permanent paper record with a manual audit capacity; and
5. Meets or exceeds the standards for voting systems established by the Federal Election Commission, including, without limitation, the error rate standards.
(Added to NRS by 2003, 2169; A 2007, 2587)
NRS 293.2699 Voting systems used by counties and cities: Voting materials to be provided in English and other languages in accordance with federal law.
1. Each voting system used by a county or city shall provide voting materials in English and other languages in compliance with the provisions of 42 U.S.C. § 1973aa-1a.
2. As used in this section, the term “voting materials” has the meaning ascribed to it in 42 U.S.C. § 1973aa-1a.
(Added to NRS by 2003, 2169)
VOTING AT POLLS
NRS 293.270 Voting by printed ballot or other approved or authorized system; write-in voting prohibited.
1. Voting at any election regulated by this title must be on printed ballots or by any other system approved by the Secretary of State or specifically authorized by law.
2. Voting must be only upon candidates whose names appear upon the ballot prepared by the election officers, and no person may write in the name of an additional candidate for any office.
(Added to NRS by 1960, 252; A 1973, 459; 1977, 243; 1987, 340; 1997, 3455)
NRS 293.272 Voting in person required for voter who registered to vote by mail; exceptions.
1. Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered to vote pursuant to the provisions of NRS 293.5235 shall, for the first election in which he votes at which that registration is valid, vote in person unless he has previously voted in the county in which he is registered to vote.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is entitled to vote in the manner prescribed in NRS 293.343 to 293.355, inclusive;
(b) Is entitled to vote an absent ballot pursuant to federal law or NRS 293.316 or 293.3165;
(c) Is disabled;
(d) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or
(e) Requests an absent ballot in person at the office of the county clerk.
(Added to NRS by 1991, 1681; A 1993, 2180; 1995, 2624; 1999, 2155; 2001, 1434; 2003, 2175)
NRS 293.2725 Voter who registered to vote by mail and has not previously voted in election for federal office in Nevada: Prerequisites to voting at polling place and to voting by mail; applicability of section; exceptions.
1. Except as otherwise provided in subsection 2, in NRS 293.3081 and 293.3083 and in federal law, a person who registers by mail to vote in this State and who has not previously voted in an election for federal office in this State:
(a) May vote at a polling place only if the person presents to the election board officer at the polling place:
(1) A current and valid photo identification of the person; or
(2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517; and
(b) May vote by mail only if the person provides to the county or city clerk:
(1) A copy of a current and valid photo identification of the person; or
(2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517.
2. The provisions of this section do not apply to a person who:
(a) Registers to vote by mail and submits with his application to register to vote:
(1) A copy of a current and valid photo identification; or
(2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517;
(b) Registers to vote by mail and submits with his application to register to vote a driver’s license number or at least the last four digits of his social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in his application;
(c) Is entitled to vote an absent ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.;
(d) Is provided the right to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. §§ 1973ee et seq.; or
(e) Is entitled to vote otherwise than in person under any other federal law.
(Added to NRS by 2003, 2171; A 2007, 1151)
NRS 293.273 Time for opening and closing polls; duties of officers of election board.
1. Except as otherwise provided in subsection 2 and NRS 293.305, at all elections held under the provisions of this title, the polls must open at 7 a.m. and close at 7 p.m.
2. Whenever at any election all the votes of the precinct or district, as shown on the roster, have been cast, the election board officers shall close the polls, and the counting of votes must begin and continue without unnecessary delay until the count is completed.
3. Upon opening the polls, one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.
4. No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this title.
(Added to NRS by 1960, 252; A 1971, 442, 1127; 1975, 34, 939; 1977, 243; 1981, 1740; 1991, 1352; 1993, 2180; 2001, 2948)
NRS 293.2735 Establishment of polling place for precinct in residential development exclusively for elderly persons. The county clerk shall establish at least one polling place for a precinct in any residential development exclusively for elderly persons if:
1. More than 100 of the residents of the development are registered to vote;
2. There is a common area which is adequate and available; and
3. The owner of the development consents to the establishment of the polling place on his property.
(Added to NRS by 1987, 1870; A 1999, 263)—(Substituted in revision for NRS 293.214)
NRS 293.2738 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, 2283)
NRS 293.274 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 county clerk shall allow members of the general public to observe the conduct of voting at a polling place.
2. A member of the general public shall not photograph the conduct of voting at a polling place or record the conduct of voting on audiotape or any other means of sound or video reproduction.
3. For the purposes of this section, a member of the general public does not include any person who:
(a) Gathers information for communication to the public;
(b) Is employed or engaged by or has contracted with a newspaper, periodical, press association, or radio or television station; and
(c) Is acting solely within his professional capacity.
(Added to NRS by 1995, 2772; A 1999, 264)
NRS 293.275 Possession of election board register by election board required for performance of board’s duties. No election board may perform its duty in serving registered voters at any precinct or district polling place in any election provided for in this title, unless it has before it the election board register for its precinct or district.
(Added to NRS by 1960, 252)
NRS 293.277 Conditions for entitlement of person to vote; forms of identification to identify registered voter.
1. Except as otherwise provided in NRS 293.541, if a person’s name appears in the election board register or if he provides an affirmation pursuant to NRS 293.525, he is entitled to vote and must sign his name in the election board register when he applies to vote. His signature must be compared by an election board officer with the signature or a facsimile thereof on his original application to register to vote or one of the forms of identification listed in subsection 2.
2. Except as otherwise provided in NRS 293.2725, the forms of identification which may be used individually to identify a voter at the polling place are:
(a) The card issued to the voter at the time he registered to vote;
(b) A driver’s license;
(c) An identification card issued by the Department of Motor Vehicles;
(d) A military identification card; or
(e) Any other form of identification issued by a governmental agency which contains the voter’s signature and physical description or picture.
(Added to NRS by 1960, 252; A 1985, 559; 1991, 2219; 1993, 2181; 1995, 2263; 2001, 2595; 2003, 2176)
NRS 293.283 Identification of registered voter who is unable to sign name. Any registered voter who is unable to sign his name must be identified by answering questions covering the personal data which is reported on the original application to register to vote. The officer in charge of the roster shall stamp, write or print “Identified as” to the left of the voter’s name.
(Added to NRS by 1960, 252; A 1985, 560; 1995, 2264)
NRS 293.285 Election board officer in charge of register required to take voter’s signature. A registered voter applying to vote shall state his name to the election board officer in charge of the election board register, and the officer shall immediately announce the name and take the registered voter’s signature.
(Added to NRS by 1960, 253; A 1971, 442, 1486; 1987, 692; 2007, 2588)
NRS 293.287 Announcement of name and political affiliation of registered voter; challenges; nonpartisan ballot at primary election.
1. A registered voter applying to vote at any primary election shall give his name and political affiliation, if any, to the election board officer in charge of the election board register, and the officer shall immediately announce the name and political affiliation.
2. Any person’s right to vote may be challenged by any registered voter upon:
(a) Any of the grounds allowed for a challenge in NRS 293.303;
(b) The ground that the person applying does not belong to the political party designated upon the register; or
(c) The ground that the register does not show that he designated the political party to which he claims to belong.
3. Any such challenge must be disposed of in the manner provided by NRS 293.303.
4. A registered voter who has designated on his application to register to vote an affiliation with a minor political party may vote a nonpartisan ballot at the primary election.
(Added to NRS by 1960, 253; A 1971, 443; 1977, 243; 1987, 1369; 1989, 228; 1991, 1681; 1995, 2264)
NRS 293.293 Procedure for voting by paper ballot; duties of election board officer upon receipt of voted ballot. Repealed. (See chapter 478, Statutes of Nevada 2007, at page 2626.)
NRS 293.2955 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 central 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 a voter with a disability.
2. A polling place that does not comply with the provisions of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.
3. At each polling place, the county clerk is encouraged to:
(a) Post in a conspicuous place, in at least 12-point type, instructions for voting;
(b) Provide ballots in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability; and
(c) Provide, in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability, all materials that are:
(1) Related to the election; and
(2) Made available to a voter in printed form at the polling place.
4. As an alternative to carrying out the functions described in subsection 3, if, in the opinion of the county clerk, the needs of voters who are elderly or disabled requiring the use of specially equipped voting devices will be best served by placing such devices at centralized voting locations, he may so provide. If the county clerk provides for the placement of specially equipped voting devices at centralized locations, a voter who is elderly or disabled and requires the use of such a device to be able to cast his ballot without assistance may cast his ballot at any centralized voting location designated by the county clerk.
(Added to NRS by 2001, 1433; A 2003, 1649, 2176)
NRS 293.296 Assistance to voter who is physically disabled or unable to read or write English.
1. Any registered voter who by reason of a physical disability or an inability to read or write English is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his own choice, except:
(a) The voter’s employer or his agent; or
(b) An officer or agent of the voter’s labor organization.
2. A person providing assistance pursuant to this section to a voter in casting his vote shall not disclose any information with respect to the casting of that ballot.
3. The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof, but the election board may require a registered voter to sign a statement that he requires assistance in casting his vote by reason of a physical disability or an inability to read or write English when the need for assistance is not apparent or no member of the election board has knowledge thereof. The statement must be executed under penalty of perjury.
4. In addition to complying with the requirements of this section, the county clerk and election board officer shall, upon the request of a registered voter with a physical disability, make reasonable accommodations to allow the voter to vote at his polling place.
(Added to NRS by 1973, 293; A 1977, 244; 1985, 1093; 1987, 693; 1999, 2156)
NRS 293.297 Change of vote on certain mechanical recording devices. A mechanical recording device which directly records votes electronically must allow the voter to change his vote before the mechanical recording device permanently records that vote.
(Added to NRS by 1960, 254; A 1963, 1373; 1967, 848; 1987, 340, 694; 1995, 2776; 1997, 3455; 2007, 2588)
NRS 293.300 Return of ballot not voted; cancellation. Repealed. (See chapter 478, Statutes of Nevada 2007, at page 2626.)
NRS 293.301 Posting of alphabetical listing of registered voters at polling place; tearing or defacing alphabetical listing prohibited; penalty.
1. The county clerk of each county shall require an election board officer to post an alphabetical listing of all registered voters for each precinct in a public area of each polling place in the county. Except as otherwise provided in NRS 293.5002 and 293.558, the alphabetical listing must include the name, address and political affiliation of each voter. Not less than four times during the hours in which the polling place is open, an election board officer shall identify the name of each voter that voted since the last identification.
2. Each page of the alphabetical listing must contain a notice which reads substantially as follows:
It is unlawful for any person to remove, tear, mark or otherwise deface this alphabetical listing of registered voters except an election board officer acting pursuant to subsection 1 of NRS 293.301.
3. Any person who removes, tears, marks or otherwise defaces an alphabetical listing posted pursuant to this section with the intent to falsify or prevent others from readily ascertaining the name, address or political affiliation of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.
(Added to NRS by 1991, 1352; A 1993, 2181; 1995, 2776; 2005, 2287)
NRS 293.302 Posting of notice of death of candidate at polling place. If a candidate whose name appears on the ballot at a primary election or general election dies after the applicable dates set forth in NRS 293.368 but before the time of the closing of the polls on the day of the election, the county clerk shall post a notice of the candidate’s death at each polling place where the candidate’s name will appear on the ballot for the primary election or general election.
(Added to NRS by 1997, 1292; A 1999, 702; 2003, 1705)
NRS 293.3025 Posting of copies of certain other information and documents at polling place. The Secretary of State and each county and city clerk shall ensure that a copy of each of the following is posted in a conspicuous place at each polling place on election day:
1. A sample ballot;
2. Information concerning the date and hours of operation of the polling place;
3. Instructions for voting and casting a ballot, including a provisional ballot;
4. Instructions concerning the identification required for persons who registered by mail and are first-time voters for federal office in this State;
5. Information concerning the accessibility of polling places to persons with disabilities; and
6. General information concerning federal and state laws which prohibit acts of fraud and misrepresentation.
(Added to NRS by 2003, 2173)
1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election. A registered voter who initiates a challenge pursuant to this paragraph must submit an affirmation that is signed under penalty of perjury and in the form prescribed by the Secretary of State stating that the challenge is based on the personal knowledge of the registered voter.
(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that he does not belong to the political party designated upon the register, “I swear or affirm under penalty of perjury that I belong to the political party designated upon the register”;
(b) If the challenge is on the ground that the register does not show that he designated the political party to which he claims to belong, “I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong”;
(c) If the challenge is on the ground that he does not reside at the residence for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register”;
(d) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or
(e) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.”
Ê The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.
3. Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.
4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue him a nonpartisan ballot.
5. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293.304.
6. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue him a partisan ballot.
7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification which contains proof of the address at which he actually resides. 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.
8. If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:
(a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or
(b) Brings before the election board officers a person who is at least 18 years of age who:
(1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.
9. The election board officers shall:
(a) Record on the challenge list:
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the challenge; and
(3) The result of the challenge; and
(b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.
(Added to NRS by 1960, 255; A 1977, 244; 1983, 1287; 1985, 560; 1987, 340; 1991, 1682; 1993, 2182; 1995, 2264; 1997, 759; 2001, 1949, 2948; 2003, 200, 210; 2007, 1152, 2588)
NRS 293.3035 Notice of result of challenge.
1. As soon as practicable, but in no case later than 21 calendar days after each election, the county clerk shall mail a notice to each person who is listed on the challenge list as the registered voter who initiated a challenge pursuant to NRS 293.303.
2. The notice mailed pursuant to subsection 1 must indicate:
(a) The name of the person who was challenged, if known; and
(b) The result of the challenge.
(Added to NRS by 2001, 1949)
NRS 293.304 Voting by person successfully challenged on grounds of residency.
1. If a person is successfully challenged on the ground set forth in paragraph (c) of subsection 2 of NRS 293.303 or if a person refuses to provide an affirmation pursuant to NRS 293.525, the election board shall instruct the voter that he may vote only at the special polling place in the manner set forth in this section.
2. The county clerk of each county shall maintain a special polling place in his office and at such other locations as he deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293.525 in a special sealed container if the ballots are ballots which are voted on a mechanical recording device which directly records the votes electronically.
3. A person who votes at a special polling place may place his vote only for the following offices and questions:
(a) President and Vice President of the United States;
(b) United States Senator;
(c) All state officers for whom all voters in the State may vote;
(d) All officers for whom all voters in the county may vote; and
(e) Questions which have been submitted to all voters of the county or State.
4. The ballots voted at the special polling place must be counted when other ballots are counted and, if the ballots are ballots which are voted on a mechanical recording device which directly records the votes electronically, maintained in a separate sealed container until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.
(Added to NRS by 1981, 1860; A 1987, 694, 1369; 1989, 2165; 1991, 1683, 2219; 1993, 2183; 1995, 2266, 2777; 2007, 1153, 2590)
NRS 293.305 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 such voters have been admitted to the polling place. Voting must continue until those voters have voted.
2. The deputy sheriff shall allow other persons to enter the polling place after the doors have been closed for the purpose of observing or any other legitimate purpose if there is room within the polling place and such admittance will not interfere unduly with the voting.
(Added to NRS by 1960, 256; A 1987, 341)
NRS 293.307 Duties of voting board before adjournment. After the last person entitled to vote has voted, the voting board, before adjourning, shall put the records and the account of ballots in order for the counting board.
(Added to NRS by 1960, 256)
VOTING BY PROVISIONAL BALLOT
NRS 293.3081 Casting of provisional ballot: General conditions; declaration or application. A person at a polling place may cast a provisional ballot in an election to vote for a candidate for federal office if the person complies with the applicable provisions of NRS 293.3082 and:
1. Declares that he has registered to vote and is eligible to vote at that election in that jurisdiction, but his name does not appear on a voter registration list as a voter eligible to vote in that election in that jurisdiction or an election official asserts that the person is not eligible to vote in that election in that jurisdiction;
2. Applies by mail, on or after January 1, 2003, to register to vote and has not previously voted in an election for federal office in this State and fails to provide the identification required pursuant to paragraph (a) of subsection 1 of NRS 293.2725 to the election board officer at the polling place; or
3. Declares that he is entitled to vote after the polling place would normally close as a result of a court order or other order extending the time established for the closing of polls pursuant to a law of this State in effect 10 days before the date of the election.
(Added to NRS by 2003, 2169)
NRS 293.3082 Casting of provisional ballot: Specific prerequisites; completion of written affirmation; contents of affirmation; provision of receipt; notation on roster; provisional ballot limited to purpose of voting for candidates for federal offices.
1. Before a person may cast a provisional ballot pursuant to NRS 293.3081, the person must complete a written affirmation on a form provided by an election board officer, as prescribed by the Secretary of State, at the polling place which includes:
(a) The name of the person casting the provisional ballot;
(b) The reason for casting the provisional ballot;
(c) A statement in which the person casting the provisional ballot affirms under penalty of perjury that he is a registered voter in the jurisdiction and is eligible to vote in the election;
(d) The date and type of election;
(e) The signature of the person casting the provisional ballot;
(f) The signature of the election board officer;
(g) A unique affirmation identification number assigned to the person casting the provisional ballot;
(h) If the person is casting the provisional ballot pursuant to subsection 1 of NRS 293.3081:
(1) An indication by the person as to whether or not he provided the required identification at the time he applied to register to vote;
(2) The address of the person as listed on his application to register to vote;
(3) Information concerning the place, manner and approximate date on which the person applied to register to vote;
(4) Any other information that the person believes may be useful in verifying that the person has registered to vote; and
(5) A statement informing the voter that if the voter does not provide identification at the time the voter casts the provisional ballot, the required identification must be provided to the county or city clerk not later than 5 p.m. on the Friday following election day and that failure to do so will result in the provisional ballot not being counted;
(i) If the person is casting the provisional ballot pursuant to subsection 2 of NRS 293.3081:
(1) The address of the person as listed on his application to register to vote;
(2) The voter registration number, if any, issued to the person; and
(3) A statement informing the voter that the required identification must be provided to the county or city clerk not later than 5 p.m. on the Friday following election day and that failure to do so will result in the provisional ballot not being counted; and
(j) If the person is casting the provisional ballot pursuant to subsection 3 of NRS 293.3081, the voter registration number, if any, issued to the person.
2. After a person completes a written affirmation pursuant to subsection 1:
(a) The election board officer shall provide the person with a receipt that includes the unique affirmation identification number described in subsection 1 and that explains how the person may use the free access system established pursuant to NRS 293.3086 to ascertain whether his vote was counted, and, if his vote was not counted, the reason why the vote was not counted;
(b) The voter’s name and applicable information must be entered into the roster in a manner which indicates that the voter cast a provisional ballot; and
(c) The election board officer shall issue a provisional ballot to the person to vote only for candidates for federal offices.
(Added to NRS by 2003, 2170)
NRS 293.3083 Casting of ballot by mail to vote for candidate for federal office; treatment as provisional ballot under certain circumstances. A person may cast a ballot by mail to vote for a candidate for federal office, which must be treated as a provisional ballot by the county or city clerk if the person:
1. Applies by mail to register to vote and has not previously voted in an election for federal office in this State;
2. Fails to provide the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 to the county or city clerk at the time that he mails his ballot; and
3. Completes the written affirmation set forth in subsection 1 of NRS 293.3082.
(Added to NRS by 2003, 2171)
NRS 293.3084 County and city clerks to establish certain procedures relating to provisional ballots. Each county and city clerk shall establish procedures to:
1. Keep each provisional ballot cast pursuant to NRS 293.3081 or 293.3083 separate from other ballots until it has been determined whether or not the voter was registered and eligible to vote in the election in that jurisdiction;
2. Keep each provisional ballot cast pursuant to subsection 3 of NRS 293.3081 separate from all other provisional ballots; and
3. Inform a person whose name does not appear on a voter registration list as an eligible voter for a polling place or who an election official asserts is not eligible to vote at the polling place of the ability of the person to cast a provisional ballot.
(Added to NRS by 2003, 2172)
NRS 293.3085 Canvass and counting of provisional ballots.
1. Following each election, a canvass of the provisional ballots cast in the election must be conducted pursuant to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387.
2. The county and city clerk shall not:
(a) Include any provisional ballot in the unofficial results reported on election night; or
(b) Open any envelope containing a provisional ballot before 8 a.m. on the Wednesday following election day.
3. Except as otherwise provided in subsection 4, a provisional ballot must be counted if:
(a) The county or city clerk determines that the person who cast the provisional ballot was registered to vote in the election, eligible to vote in the election and issued the appropriate ballot for the address at which he resides;
(b) A voter who failed to provide required identification at the polling place or with his mailed ballot provides the required identification to the county or city clerk not later than 5 p.m. on the Friday following election day; or
(c) A court order has not been issued by 5 p.m. on the Friday following election day directing that provisional ballots cast pursuant to subsection 3 of NRS 293.3081 not be counted, and the provisional ballot was cast pursuant to subsection 3 of NRS 293.3081.
4. A provisional ballot must not be counted if the county or city clerk determines that the person who cast the provisional ballot cast the wrong ballot for the address at which he resides.
(Added to NRS by 2003, 2172)
NRS 293.3086 Free access system to provide information to voter casting provisional ballot.
1. The Secretary of State shall establish a free access system such as a toll-free telephone number or an Internet website to inform a person who cast a provisional ballot whether his vote was counted and, if his vote was not counted, the reason why the vote was not counted.
2. The free access system must ensure secrecy of the ballot while protecting the confidentiality and integrity of personal information contained therein.
3. Access to information concerning a provisional ballot must be restricted to the person who cast the provisional ballot.
(Added to NRS by 2003, 2172)
ABSENT BALLOT VOTING
NRS 293.309 Absent ballots: Preparation; reasonable accommodations for use by persons who are elderly or disabled; time for distribution; legal actions not to prevent issuance.
1. The county clerk of each county shall prepare an absent ballot for the use of registered voters who have requested absent ballots. The county clerk shall make reasonable accommodations for the use of the absent ballot by 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) Resides within the State, not later than 20 days before the election in which it is to be used; or
(b) Resides outside the State, not later than 40 days before a primary or general election, if possible.
3. Any legal action which would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.
(Added to NRS by 1971, 433; A 1975, 374; 1987, 341; 1991, 2220; 1995, 2624; 1997, 3455; 1999, 2156; 2001, 1434)
NRS 293.3095 Distribution of forms to request absent ballots.
1. A person who, during the 6 months immediately preceding an election, distributes to more than a total of 500 registered voters a form to request an absent ballot for the election shall:
(a) Distribute the form prescribed by the Secretary of State, which must, in 14-point type or larger:
(1) Identify the person who is distributing the form; and
(2) Include a notice stating, “This is a request for an absent ballot.”;
(b) Not later than 14 days before distributing such a form, provide to the county clerk of each county to which a form will be distributed written notification of the approximate number of forms to be distributed to voters in the county and of the first date on which the forms will be distributed;
(c) Not return or offer to return to a county clerk a form that was mailed to a registered voter pursuant to this subsection; and
(d) Not mail such a form later than 21 days before the election.
2. The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.
(Added to NRS by 1999, 2147; A 2001, 2025, 2949; 2003, 149, 152)
NRS 293.310 Request and receipt of absent ballot allows voting only by absent ballot; exception; county clerk to notify election board if absent ballot issued.
1. Except as otherwise provided in NRS 293.330, a registered voter who requests and receives an absent voter’s ballot may vote only by absent ballot at the election for which the absent ballot was issued.
2. If a registered voter has requested an absent ballot and the ballot has been mailed or issued, the county clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.
(Added to NRS by 1960, 256; A 1967, 849; 1977, 245; 1987, 342; 1993, 2184; 1995, 2625; 1997, 3455)
NRS 293.313 Persons entitled to absent ballot; fraud or coercion in obtaining ballot prohibited; penalty.
1. Except as otherwise provided in NRS 293.272 and 293.502, a registered voter who provides sufficient written notice to the county clerk may vote an absent ballot as provided in this chapter.
2. A registered voter who:
(a) Is at least 65 years of age; or
(b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,
Ê may request an absent ballot for all elections held during the year he requests an absent ballot.
3. As used in this section, “sufficient written notice” means a:
(a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine;
(b) Form prescribed by the Secretary of State which is completed and signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine; or
(c) Form provided by the Federal Government.
4. A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for an absent ballot for the two primary and general elections immediately following the date on which the county clerk received the request.
5. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1960, 256; A 1971, 443; 1973, 894; 1975, 527; 1987, 342, 1370; 1991, 2220; 1993, 2184; 1995, 1265; 1997, 230, 3456; 2001, 2950; 2003, 1649, 2177)
NRS 293.315 Limitation on time to apply for absent ballot; public inspection authorized; issuance of absent ballot; immunity of county clerk.
1. A registered voter referred to in NRS 293.313 may, at any time before 5 p.m. on the seventh calendar day preceding any election, make an application to that clerk for an absent voter’s ballot. The application must be made available for public inspection.
2. When the voter has identified himself to the satisfaction of the clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.
3. A county clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless he knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy such information.
(Added to NRS by 1960, 256; A 1961, 289; 1967, 849; 1987, 342; 1989, 2166; 1993, 2185; 2001, 2950)
NRS 293.3155 Use of special absent ballot by person who resides outside of continental United States. Notwithstanding any other provisions of this title:
1. Any registered voter of this State who resides outside the continental United States may use the form provided by the Federal Government as a special absent ballot for a general election if the voter:
(a) Requests an absent ballot and the request is received by the county clerk not later than 30 days before the general election; and
(b) Does not receive the absent ballot.
2. The special absent ballot must be used only for the offices of President and Vice President of the United States, United States Senator and Representative in Congress. The ballot must allow the registered voter to vote by writing in his choice of a political party for each office or the name of a candidate whose name appears on the ballot for each office.
3. The special absent ballot must not be counted if:
(a) It is submitted from any location within the continental United States;
(b) The county clerk receives the request for an absent ballot less than 30 days before the general election; or
(c) The county clerk receives the absent ballot on or before the date of the general election.
(Added to NRS by 1987, 2048; A 1989, 1729, 2166; 1993, 2185)
NRS 293.3157 Registered voter residing outside continental United States may request absent ballot by facsimile machine; return of absent ballot; oath of voter; regulations.
1. Any registered voter of this State who resides outside the continental United States may use a facsimile machine to request an absent ballot. The registered voter shall state on the request whether he requests the county clerk to send the absent ballot by mail or facsimile machine and whether he will return the absent ballot to the county clerk by mail or facsimile machine.
2. If the registered voter indicates pursuant to subsection 1 that he will submit the absent ballot by mail, he shall include with his completed absent ballot the identification envelope provided by the county clerk. The identification envelope must be in the form prescribed by the Secretary of State and include, without limitation:
(a) A declaration, under penalty of perjury, stating that the registered voter resides within the precinct in which he is voting and is the person whose name appears on the envelope;
(b) The signature of the registered voter;
(c) The address that the registered voter provided on his application for voter registration; and
(d) A statement that the voter has not applied and will not apply to any other county clerk for an absent ballot.
3. If the registered voter indicates pursuant to subsection 1 that he will submit the absent ballot by facsimile machine, he shall include with his completed absent ballot the following:
OATH OF VOTER
I, ____________________, acknowledge that by returning my voted ballot by facsimile transmission, I have waived my right to have my ballot kept secret. Nevertheless, I understand that, as with any absent voter, my signature, whether on this oath of voter form or my identification envelope, will be permanently separated from my voted ballot to maintain its secrecy at the outset of the tabulation process and thereafter.
My residential address is
.
(Street Address) (City) (ZIP Code)
My current mailing address is
.
My e-mail address is .
My facsimile transmission number is .
I am a resident of __________ County, State of Nevada, and I have not applied, nor do I intend to apply, for an absentee ballot from any other jurisdiction for the same election.
I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.
Dated this _____ day of __________, 20___.
(Signed)
voter (power of attorney cannot be accepted)
YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT, ALL OF WHICH ARE RETURNED BY FACSIMILE TRANSMISSION.
4. The county clerk, if so requested pursuant to subsection 1, shall use a facsimile machine to send an absent ballot and the oath, as required pursuant to subsection 3, to the registered voter.
5. Each county clerk shall ensure the secrecy of absent ballots that are submitted by facsimile machine.
6. The Secretary of State shall adopt regulations to carry out the provisions of this section.
(Added to NRS by 1991, 2217; A 2001, 2950; 2007, 1154)
NRS 293.316 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 his confinement in a hospital, sanatorium, dwelling or nursing home; or
(b) Because he is suddenly hospitalized, becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS 293.315,
Ê may submit a written request to the county clerk for an absent ballot. The request may be submitted at any time before 5 p.m. on the day of the election.
2. If the county clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the county clerk shall, at the office of the county clerk, deliver an absent ballot to the person designated in the request to obtain the ballot for the registered voter.
3. A written request submitted pursuant to subsection 1 must include:
(a) The name, address and signature of the registered voter requesting the absent ballot;
(b) The name, address and signature of the person designated by the registered voter to obtain, deliver and return the ballot for the registered voter;
(c) A brief statement of the illness or disability of the registered voter or of facts sufficient to establish that the registered voter was called away from home after the time had elapsed for requesting an absent ballot;
(d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he will be confined therein on the day of the election; and
(e) Unless the person designated pursuant to paragraph (b) will mark and sign an absent ballot on behalf of the registered voter pursuant to subsection 5, a statement signed under penalty of perjury that only the registered voter will mark and sign the ballot.
4. Except as otherwise provided in subsection 5, after marking his ballot, the voter must:
(a) Place it in the identification envelope;
(b) Affix his signature on the back of the envelope; and
(c) Return it to the office of the county clerk.
5. A person designated in a request submitted pursuant to subsection 1 may, on behalf of and at the direction of the registered voter, mark and sign the absent ballot. If the person marks and signs the ballot, the person shall indicate next to his signature that the ballot has been marked and signed on behalf of the registered voter.
6. A request for an absent ballot submitted pursuant to this section must be made, and the ballot delivered to the voter and returned to the county clerk, not later than the time the polls close on election day.
7. The procedure authorized by this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
(Added to NRS by 1967, 852; A 1969, 455; 1971, 444; 1985, 1093; 1987, 342; 1991, 2221; 1997, 3456; 1999, 2156)
NRS 293.3165 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 county clerk requesting that he receive an absent ballot for each election conducted during the period specified in subsection 3.
2. A written statement submitted pursuant to subsection 1 must:
(a) Include a statement from a physician licensed in this State certifying that the registered voter is a person with a physical disability and, because of the physical disability, he is unable to mark or sign a ballot or use a voting device without assistance;
(b) Designate the person who will assist the registered voter in marking and signing the absent ballot on behalf of the registered voter; and
(c) Include the name, address and signature of the person designated pursuant to paragraph (b).
3. Upon receipt of a written statement submitted by a registered voter pursuant to subsection 1, the county clerk shall, if the statement includes the information required pursuant to subsection 2, issue an absent ballot to the registered voter for each election that is conducted during the year immediately succeeding the date the written statement is submitted to the county clerk.
4. To determine whether a registered voter is entitled to receive an absent ballot pursuant to this section, the county clerk may, every year after an absent ballot is issued to a registered voter pursuant to subsection 3, require the registered voter to submit a statement from a licensed physician as specified in paragraph (a) of subsection 2. If a statement from a physician licensed in this State submitted pursuant to this subsection indicates that the registered voter is no longer physically disabled, the county clerk shall not issue an absent ballot to the registered voter pursuant to this section.
5. A person designated pursuant to paragraph (b) of subsection 2 may, on behalf of and at the direction of the registered voter, mark and sign an absent ballot issued to the registered voter pursuant to the provisions of this section. If the person marks and signs the ballot, the person shall indicate next to his signature that the ballot has been marked and signed on behalf of the registered voter.
6. The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
(Added to NRS by 1999, 2146)
NRS 293.317 Invalid absent ballots. Absent ballots, including special absent ballots described in NRS 293.3155, received by the county or city clerk after the polls are closed on the day of election are invalid.
(Added to NRS by 1960, 256; A 1987, 343; 2001, 1951)
NRS 293.320 County clerk to determine if applicant is registered voter; application by Armed Forces personnel; county clerk to provide applicant with reason for rejection under certain circumstances.
1. The county clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper county.
2. Armed Forces personnel who are not registered to vote and are applying for absent ballots must complete:
(a) The application to register to vote required by NRS 293.517 for registration; or
(b) The form provided by the Federal Government for registration and request of an absent ballot,
Ê before receiving an absent ballot.
3. If the county clerk rejects an application submitted pursuant to subsection 2 or submitted by an overseas voter, the county clerk shall inform the applicant of the reason for the rejection.
(Added to NRS by 1960, 256; A 1965, 669; 1987, 343; 1993, 2186; 1995, 2267; 1997, 3457; 2003, 2177)
NRS 293.323 Delivery of absent ballot and voting supplies; return of absent ballot; regulations.
1. Except as otherwise provided in subsection 2, if the request for an absent ballot is made by mail or facsimile machine, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail 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, unless otherwise requested pursuant to NRS 293.3157, if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail, unless otherwise requested pursuant to NRS 293.3157, if the absent voter is in a foreign country but not on a military base:
(a) An absent ballot;
(b) A return envelope;
(c) An envelope or similar device into which the ballot is inserted to ensure its secrecy;
(d) An identification envelope, if applicable pursuant to NRS 293.3157; and
(e) Instructions.
2. If the county clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the county clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter may mail his absent ballot to the county clerk or submit his 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 NRS 293.3157.
5. Before depositing a ballot in the mail or sending a ballot by facsimile machine, the county clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, his political affiliation, if any, the number of the ballot and any remarks he finds appropriate.
6. The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.
(Added to NRS by 1960, 256; A 1961, 289; 1975, 1531; 1985, 1094; 1987, 343; 1997, 760, 3457; 2001, 2026; 2003, 149; 2007, 1155, 2590)
NRS 293.325 Duties of county clerk upon receipt of absent ballot from voter: Deposit of voted ballot; delivery for counting.
1. Except as otherwise provided in subsection 2, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or in person, and record thereof is made in the absent ballot record book, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.
2. If 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 in person, the county clerk shall check the signature on the return envelope or facsimile against the original signature of the voter on the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. 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 293.273 or 293.305.
(Added to NRS by 1960, 257; A 1961, 289; 1967, 849; 1975, 1531; 1985, 1094; 1987, 343; 1995, 2625; 1997, 3458; 2001, 2027; 2007, 1156, 2591)
NRS 293.330 Procedure for voting after requesting absent ballot; unlawful return of ballot; penalty.
1. Except as otherwise provided in NRS 293.3157 and subsection 2 of NRS 293.323 and any regulations adopted pursuant thereto, when an absent voter receives his ballot, he must mark and fold it in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.
2. Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:
(a) The office of the county clerk, he must mark the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.
(b) A polling place, including, without limitation, a polling place for early voting, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Cancelled.”
3. If an absent voter who has requested a ballot by mail applies to vote in person at the office of the county clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:
(a) Provides satisfactory identification;
(b) Is a registered voter who is otherwise entitled to vote; and
(c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.
4. Except as otherwise provided in NRS 293.316, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1960, 257; A 1985, 1095; 1987, 344, 695; 1993, 2186; 1995, 1266; 1997, 231, 761, 773, 3458; 1999, 2157; 2001, 2027, 2951; 2003, 200, 210; 2007, 1157, 2592)
NRS 293.333 Procedure for depositing absent ballot in ballot box. On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:
1. The name of the voter, as shown on the return envelope 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 his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and
4. The election board officers shall mark in the roster opposite the name of the voter the word “Voted.”
(Added to NRS by 1960, 258; A 1987, 344, 695; 1995, 2267, 2625; 1997, 652, 3458; 2001, 2028; 2007, 1158, 2593)
NRS 293.335 Empty envelopes and rejected ballots to be returned to county clerk. When all absent ballots delivered to precinct or district election boards have been voted or rejected, the empty envelopes and the envelopes containing rejected ballots must be returned to the county clerk. On all envelopes containing rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.
(Added to NRS by 1960, 258; A 1987, 345, 713, 740; 1997, 3459)
NRS 293.340 Duty of county clerk to provide ballot box for each ballot listing if absent ballot central counting board appointed; deposit of voted ballots.
1. In counties in which an absent ballot central counting board is appointed the county clerk shall provide a ballot box in his office for each different ballot listing in the county.
2. On each such box there shall appear a statement indicating the precincts and district for which such box has been designated.
3. Each absent ballot voted shall be deposited in a ballot box according to the precinct or district of the absent voter voting such ballot.
(Added to NRS by 1960, 258)
VOTING IN MAILING PRECINCTS
NRS 293.343 Eligibility of certain voters to vote by mail; effect of county clerk designating precinct as mailing precinct; designation of polling place at which voters entitled to vote in mailing precincts may vote in person.
1. A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding general election, or in a precinct in which it appears to the satisfaction of the county clerk that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.
2. Whenever the county clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.
3. In a county whose population is 100,000 or more, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:
(a) Shall designate at least one polling place in the county as the polling place where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, on election day; and
(b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, during the period for early voting, if it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county.
4. In a county whose population is less than 100,000, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:
(a) May designate one or more polling places in the county as the polling place where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, on election day; and
(b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, during the period for early voting, if it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county.
5. Polling places designated pursuant to subsection 3 or 4 may include, without limitation, polling places located as closely as practicable to the mailing precincts.
(Added to NRS by 1960, 258; A 1987, 345; 1997, 3459; 2007, 1261)
NRS 293.345 Duty of county clerk to mail official mailing ballots to registered voters; sample ballot for mailing precinct to include notice concerning polling place where voters may vote in person if applicable.
1. Before 5 p.m. on the last business day preceding the first day of the period for early voting for any primary election or general election, the county clerk shall cause to be mailed to each registered voter in each mailing precinct and in each absent ballot mailing precinct an official mailing ballot to be voted by him at the election, and accompanying supplies, as specified in NRS 293.350.
2. If the county clerk has designated, pursuant to subsection 3 or 4 of NRS 293.343, one or more polling places where a voter may vote in person, the official ballot and the sample ballot must include a notice in bold type informing the voter of the location of the designated polling place or polling places on election day and the polling places during the period for early voting where the voter may vote in person pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353.
(Added to NRS by 1960, 258; A 1961, 290; 1983, 1119; 1987, 345; 1989, 1730; 1991, 2221; 1997, 3459; 2005, 1435; 2007, 1262)
NRS 293.350 Enrollment of eligible voter’s name; procedure for mailing of ballot and voting supplies by county clerk.
1. The county clerk shall:
(a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;
(b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;
(c) Mark the number of the ballot on the return envelope; and
(d) Mail the ballot to the registered voter.
2. 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 1960, 259; A 1961, 290; 1963, 1373; 1975, 1532; 1985, 1095; 1987, 345; 1997, 761, 3459; 2007, 1158, 2593)
NRS 293.353 Marking and return of mailing ballot by voter; voting in person after receipt of mailing ballot; penalty.
1. Except as otherwise provided in subsection 2 or 3, upon receipt of a mailing ballot from the county clerk, the registered voter must, in accordance with the instructions, mark and fold the ballot, deposit and seal the ballot in the return envelope, affix his signature on the back of the envelope and mail the envelope to the county clerk.
2. Except as otherwise provided in subsection 3, if a registered voter who has received a mailing ballot applies to vote in person at:
(a) The office of the county clerk, he must mark the ballot, place and seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.
(b) One of the polling places on election day or a polling place for early voting in the county designated pursuant to subsection 3 or 4 of NRS 293.343, he must surrender the mailing ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered mailing ballot shall mark it “Cancelled.”
3. If a registered voter who has received a mailing ballot wishes to vote in person at the office of the county clerk or at one of the polling places on election day or a polling place for early voting in the county designated pursuant to subsection 3 or 4 of NRS 293.343, and the voter does not have the mailing 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. It is unlawful for any person to return a mailing ballot other than the registered voter to whom the ballot was sent or, at the request of the voter, a member of the family of that voter. A person who returns a mailing ballot and who is a member of the family of the voter who received the mailing ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that he is a member of the family of the voter who received the mailing ballot and that the voter requested that he return the mailing ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1960, 259; A 1963, 1374; 1975, 1533; 1985, 1095; 1987, 346; 1997, 3460; 2007, 1159, 1262, 2594)
NRS 293.355 Duties of county clerk upon receipt of envelope which contains mailing ballot.
1. Upon receipt of the return envelope from a registered voter of a mailing precinct or absent ballot mailing precinct, whether through the mail or in person at the office of the county clerk pursuant to paragraph (a) of subsection 2 of NRS 293.353, the county clerk shall follow the same procedure as in the case of absent ballots.
2. Ballots voted in person at a polling place pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, or at the office of the county clerk pursuant to subsection 3 of NRS 293.353, by registered voters of a mailing precinct or absent ballot mailing precinct must be processed and reported by the appointed election board or county clerk in the same manner as required by law for absent ballots voted in person pursuant to NRS 293.330.
(Added to NRS by 1960, 259; A 1963, 1374; 1987, 346; 1997, 3460; 2007, 1263)
EARLY VOTING BY PERSONAL APPEARANCE
NRS 293.356 Issuance of ballot; location at which ballot must be voted. If a request is made to vote early by a registered voter in person, the election board shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of a polling place for early voting established pursuant to NRS 293.3564 or 293.3572.
(Added to NRS by 1993, 2169; A 1995, 2626, 2777; 1997, 668, 671, 2778; 1999, 695; 2003, 1650; 2007, 1159, 2594)
NRS 293.3561 County 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 county clerk pursuant to subsection 2.
2. The county clerk shall:
(a) Provide by rule or regulation for the criteria to be used to select permanent and temporary polling places for early voting by personal appearance; and
(b) At a meeting of the board of county commissioners, inform the board of the sites selected as permanent and temporary polling places for early voting by personal appearance.
(Added to NRS by 2005, 2283)
NRS 293.3564 Permanent polling places for early voting.
1. The county clerk may establish permanent polling places for early voting by personal appearance in the county at the locations selected by him pursuant to NRS 293.3561.
2. Except as otherwise provided in subsection 3, any person entitled to vote early by personal appearance may do so at any polling place for early voting.
3. If it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county, he may:
(a) Provide appropriate forms of ballots for all offices within a township, city, town or county commissioner election district, as determined by the county clerk; and
(b) Limit voting at that polling place to registered voters in that township, city, town or county commissioner election district.
(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671, 2778; 1999, 695; 2005, 2287)
NRS 293.3568 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 or general election and extends through the Friday before election day, Sundays and holidays excepted.
2. The county clerk may:
(a) Include any Sunday or holiday that falls within the period for early voting by personal appearance.
(b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.
3. A permanent polling place for early voting must remain open:
(a) On Monday through Friday:
(1) During the first week of early voting, from 8 a.m. until 6 p.m.
(2) During the second week of early voting, from 8 a.m. until 6 p.m., or until 8 p.m. if the county clerk so requires.
(b) On any Saturday that falls within the period for early voting, for at least 4 hours between 10 a.m. and 6 p.m.
(c) If the county clerk includes a Sunday that falls within the period for early voting pursuant to subsection 2, during such hours as he may establish.
(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671, 2778; 1999, 695; 2007, 2594)
NRS 293.3572 Temporary branch polling places: Authority of county clerk to establish; hours during which voting may be conducted; legal rights and remedies of property owners or lessors not affected by presence of polling places.
1. In addition to permanent polling places for early voting, the county clerk may establish temporary branch polling places for early voting which may include, without limitation, the clerk’s office pursuant to NRS 293.3561.
2. The provisions of subsection 3 of NRS 293.3568 do not apply to a temporary polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county clerk.
3. The schedules for conducting voting are not required to be uniform among the temporary branch polling places.
4. The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.
(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671, 2779; 1999, 695; 2003, 1650; 2005, 2288)
NRS 293.3576 Schedule of locations and times for early voting.
1. The county clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:
(a) The location of each permanent and temporary polling place for early voting and the election precincts served by each location.
(b) The dates and hours that early voting will be conducted at each location.
2. The county clerk shall post a copy of the schedule on the bulletin board used for posting notice of meetings of the board of county commissioners. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.
3. The county clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.
4. No additional polling places for early voting may be established after the schedule is published pursuant to this section.
(Added to NRS by 1993, 2170; A 1997, 2779; 1999, 695)
NRS 293.358 Appointment of deputy clerks.
1. The county clerk shall appoint for each polling place for early voting a deputy clerk for early voting who must serve as the election officer in charge of the polling place.
2. The county clerk may also appoint as many additional deputy clerks as he deems necessary for the proper conduct of the election.
(Added to NRS by 1993, 2170; A 1997, 2779; 1999, 695)
NRS 293.3583 Mechanical recording devices: Preparation 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)
NRS 293.3585 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 county clerk shall prescribe a procedure, approved by the Secretary of State, to determine that the voter has not already voted pursuant to this section.
3. The roster for early voting must contain:
(a) The voter’s name, the address where he is registered to vote, his voter identification number and a place for the voter’s signature;
(b) The voter’s precinct or voting district number; and
(c) The date of voting early in person.
4. When a voter is entitled to cast his ballot and has identified himself to the satisfaction of the deputy clerk for early voting, he is entitled to receive the appropriate ballot or ballots, but only for his own use at the polling place for early voting.
5. If the ballot is voted 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 county clerk uses voting receipts; and
(c) Allow the voter to cast his vote.
6. A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.
(Added to NRS by 1993, 2170; A 1995, 2267, 2627, 2779; 1997, 668, 671, 2780; 1999, 695; 2007, 1159, 2594)
NRS 293.359 Ballot boxes for paper ballots or ballots voted by punching card; seals. Repealed. (See chapter 478, Statutes of Nevada 2007, at page 2626.)
NRS 293.3594 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 county clerk’s office at the close of voting on the last day for voting at the polling place for early voting.
(Added to NRS by 1993, 2171; A 1995, 2780; 1997, 2781; 1999, 695)
NRS 293.3598 Ballot board. Repealed. (See chapter 478, Statutes of Nevada 2007, at page 2626.)
NRS 293.3602 Custody of paper ballots or ballots voted by punching card; observation by general public of handling of ballots. Repealed. (See chapter 478, Statutes of Nevada 2007, at page 2626.)
NRS 293.3604 Mechanical recording devices: Duties of election board at close of each voting day; duties of ballot board for early voting and county clerk 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 293.3594; and
(2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293.3594.
2. At the close of the last voting day, the county clerk shall deliver to the ballot board for early voting:
(a) The statements for all polling places for early voting;
(b) The voting 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 county clerk.
3. Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:
(a) Sort the items by precinct or voting district;
(b) Count the number of ballots voted by precinct or voting district;
(c) Account for all ballots on an official statement of ballots; and
(d) Place the items in the container provided to transport those items to the central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the items to the central counting place.
(Added to NRS by 1995, 2773; A 1997, 2782; 1999, 695; 2007, 2595)
NRS 293.3606 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 must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of the voter’s ballot.
4. The county clerk shall develop a procedure to ensure that each ballot is kept secret.
5. Any person who disseminates to the public information relating to the count of returns for early voting before the polls close is guilty of a gross misdemeanor.
(Added to NRS by 1993, 2172; A 1995, 2627, 2781; 1997, 668, 671, 2783; 1999, 695, 3553)
NRS 293.3608 County clerk to ensure that mechanical recording devices used for early voting provide record of number of votes; delivery of records and other items to central counting place. On election day the county clerk shall:
1. Ensure that each mechanical recording device used during the period for early voting provides a record of the total number of votes recorded on the device for each candidate and for or against each measure; and
2. Deliver to the central counting place:
(a) The items sorted and counted pursuant to subsection 3 of NRS 293.3604;
(b) The records provided pursuant to subsection 1; and
(c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting.
(Added to NRS by 1995, 2774; A 1997, 2783; 1999, 605, 695; 2003, 1650)
NRS 293.361 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 county clerk shall keep continuously posted:
(a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located a sign on which is printed in large letters “Polling Place for Early Voting”; and
(b) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters “Distance Marker: No electioneering between this point and the entrance to the polling place.”
3. Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.
4. Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.
(Added to NRS by 1993, 2172; A 1997, 80, 2783, 2792; 1999, 679, 695)
RETURNS AND CANVASS
NRS 293.3625 Record made by county clerk of receipt at central counting place of sealed container used to transport official ballots. The county clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293.304, 293.325, 293B.330 and 293B.335. The record must include the numbers indicated on the container and its seal pursuant to NRS 293.462.
(Added to NRS by 1995, 2772; A 1997, 668, 3460; 2001, 2029; 2007, 2596)
NRS 293.363 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 ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If 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 in number 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, with his back turned to the container or box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause.
3. When it has been ascertained 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 1960, 259; A 1961, 290; 1985, 1596; 1987, 346; 1995, 2781; 1997, 3461; 2001, 2029; 2007, 1161, 2596)
NRS 293.365 Accounting of all ballots required before count begun. No counting board in any precinct or district in which paper ballots are used may commence to count the votes until all ballots used or unused are accounted for.
(Added to NRS by 1960, 260; A 1977, 245)
NRS 293.367 Rejection of ballot; 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. The regulations for counting ballots must include provisions that:
(a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.
(b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.
(c) Only devices provided for in this chapter or chapter 293B of NRS may be used in marking ballots.
(d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.
(e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.
(Added to NRS by 1960, 260; A 1961, 291; 1967, 849; 1975, 939; 1979, 266; 1985, 1096; 1987, 347; 1995, 2782; 1997, 3461; 2001, 2030; 2007, 1161, 2597)
NRS 293.3673 Errors in information on certain form not grounds for rejection of absent ballot. An error in the information included in a form to request an absent ballot does not constitute grounds for rejecting an absent ballot cast by the voter.
(Added to NRS by 2001, 2025)
NRS 293.3677 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, 2024; A 2007, 1162, 2597)
NRS 293.368 Counting of votes cast for deceased candidate.
1. Whenever a candidate whose name appears upon the ballot at a primary election dies after 5 p.m. of the second Tuesday in June, his name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.
2. If the deceased candidate on the ballot at the primary election receives the number of votes required to receive the nomination to the office for which he was a candidate, except as otherwise provided in subsection 3 of NRS 293.165, he shall be deemed nominated and there shall be a vacancy in the nomination that must be filled as provided in NRS 293.165 or 293.166. If the deceased person was a candidate for a nonpartisan office, the nomination must be filled pursuant to subsection 2 of NRS 293.165.
3. Whenever a candidate whose name appears upon the ballot at a general election dies after 5 p.m. on the first Tuesday after the primary election, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.
4. If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy thus created must be filled in the same manner as if the candidate had died after taking office for that term.
(Added to NRS by 1963, 1382; A 1971, 445; 1987, 347; 1997, 3462; 2003, 1705; 2005, 1435)
NRS 293.370 Procedure for completion of tally lists.
1. 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 he received. The number must be expressed in words and figures. The vote for and against any question submitted to the electors must be entered in the same manner.
2. The tally lists must show the number of votes, other than absentee votes and votes in a mailing precinct, which each candidate received in each precinct at:
(a) A primary election held in an even-numbered year; or
(b) A general election.
(Added to NRS by 1960, 260; A 1979, 1304; 1995, 2627; 1997, 1608; 2007, 2598)
NRS 293.373 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 county clerk.
2. The other rosters and tally lists and the election board register must be returned to the county clerk.
(Added to NRS by 1960, 261; A 1961, 292; 1987, 348; 1989, 1788; 1995, 2782; 1997, 3462; 2001, 2951; 2007, 1163, 2598)
NRS 293.383 Posting of copies of result of votes cast.
1. Except as otherwise provided in subsection 2, each counting board, before it adjourns, shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.
2. When votes are cast on ballots which are mechanically or electronically tabulated in accordance with the provisions of chapter 293B of NRS, the county clerk shall, as soon as possible, post copies of the tabulated voting results in a conspicuous place on the outside of the counting facility or courthouse.
3. Each copy of the voting results posted in accordance with subsections 1 and 2 must set forth the accumulative total of all the votes cast within the county or other political subdivision conducting the election and must be signed by the members of the counting board or the computer program and processing accuracy board.
(Added to NRS by 1960, 261; A 1969, 167; 1975, 1533; 1985, 1096; 1987, 348; 1997, 3463)
NRS 293.384 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 all the ballots from each ballot box or container that holds absent ballots received before that day and ascertain that each box or container has the required number of ballots according to the county clerk’s absent voters’ record.
2. The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.
(Added to NRS by 1985, 1594; A 1987, 348; 1997, 3463; 2001, 2030; 2007, 2598)
NRS 293.385 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 293.384 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 ascertain that each box or container has the required number of ballots according to the county clerk’s absent voters’ ballot record.
2. If any absent ballots are received by the county clerk on election day pursuant to NRS 293.316, the county clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.
3. 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 county 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 sepa