[Rev. 2/10/2015 4:55:50
PM--2014R2]
TITLE 24 - ELECTIONS
CHAPTER 293 - 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 293.019 “Approved
electronic transmission” 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 293.0335 “Central
counting place” 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 293.069 “Petition
district” defined.
NRS 293.070 “Physical
disability” defined.
NRS 293.073 “Political
party” defined.
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 293.119 “Undervote”
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 293.127563 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; regulations.
NRS 293.1277 Verification
of signatures by county clerks; regulations.
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; regulations.
NRS 293.12793 Appeal
with Secretary of State contesting verification of signatures; 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 Legislator 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 organization.
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; forms; contents; address of candidate; retention of proof of identity
and residency; appointment of agent for service of process; investigation and
disqualification of candidate who has been convicted of felony and has not had
civil rights restored.
NRS 293.180 Certificates
of candidacy: Requirements; filing; acceptance of candidacy.
NRS 293.181 Declaration
of residency required of candidate for office of State Legislator.
NRS 293.182 Written
challenges concerning qualifications of candidates.
NRS 293.184 Penalty
for willfully filing declaration or acceptance of candidacy with knowledge it contains
false statement; posting of notice of disqualification at polling place
required in certain circumstances.
NRS 293.185 Offices
for filing declarations, certificates and acceptances of candidacies.
NRS 293.186 Candidates
for public office to receive form or access to electronic form for making
statement of financial disclosure and related instructions.
NRS 293.187 Certification
of names of persons for whom candidacy papers have been filed.
NRS 293.190 Certification
of names of persons nominated at primary election.
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 293.1965 Each
office of judge of the Court of Appeals 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 chair of election board 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 Designation
of chair; duties; restrictions upon participation of trainees; training; travel
expenses for training.
NRS 293.230 Appointment
of single central election board for mailing precincts.
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.
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 and requirements of a system 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.
STATEWIDE MEASURES: PREPARATION OF ARGUMENTS; PUBLICATION
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 given names and surnames.
NRS 293.257 Separate
primary ballots; placement of candidates’ names; designation on application to
register to vote of affiliation with major political party condition for
registered voter to cast ballot for party at primary election.
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; indication of party name, “independent” or “nonpartisan” or
abbreviations thereof; 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; exception.
NRS 293.272 Voting
in person required at first election after valid registration for voter who
registered to vote by mail or computer; exceptions.
NRS 293.2725 Voter
who registered to vote by mail or computer 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 293.2955 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 293.301 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; ineffectiveness of legal actions 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 293.316 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 for absent ballot is registered voter.
NRS 293.323 Delivery
of absent ballot and voting supplies; return of absent ballot; recordation of
certain information by county clerk; 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 293.3594 Security
precautions.
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; regulations.
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 State Legislator: 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 State Legislator: 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, justice of
Supreme Court or judge of Court of Appeals: 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
Account: Creation; deposit of money in Account; 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 293.460 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. [Replaced in revision by NRS 295.230.]
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 293.502 Registration
of certain persons recently discharged from Armed Forces or separated from
employment outside of the United States; registration of spouses and dependents
of such persons.
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; penalties.
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 County
clerk authorized to establish system for registration of voters by computer;
requirements.
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 Authorized
methods of registration of elector; requirements for application; change of
name; 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 or computer; penalty; regulations.
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 of Motor Vehicles 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 293.5415 Circumstances
in which person adjudicated mentally incompetent declared ineligible to vote;
certain judicial findings required.
NRS 293.542 Duty
of court to provide notification of judicial finding that person lacks mental
capacity to vote.
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.
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; exception; office of county clerk to be open certain hours
during last days before registration closes; publication of day and time
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 or by
computer 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;
agreements with state agencies to obtain information necessary for list;
information may be requested from or provided to chief election officers of
other states.
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 293.775 Voting
by person who knows he or she is not qualified elector; voting using name of
another person.
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.
_________
APPENDIX
JUDICIALLY APPROVED
PETITION DISTRICTS BASED ON 2010 CENSUS
_________
_________
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; 2009, 354, 2587; 2011, 3270)
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 or her 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 293.019 “Approved electronic transmission” defined. “Approved electronic transmission” means the
sending of information by facsimile machine or by use of the Internet pursuant
to the acceptable standards set forth by regulations of the Secretary of State
adopted pursuant to NRS 293.247.
(Added to NRS by 2009, 353)
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 the voter places his or her vote and any 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 293.0335 “Central counting place” defined. “Central
counting place” means the location designated by the county or city clerk for
the compilation of election returns.
(Added to NRS by 2011, 3270)
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 the Court of
Appeals, any judge of a district court or any justice of the peace.
(Added to NRS by 1961, 296; A 2013, 1776)
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 is organized as such pursuant to NRS 293.171.
(Added to NRS by 1987, 1359; A 2011, 3270)
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 293.069 “Petition district” defined. “Petition
district” means a district created pursuant to the provisions of NRS 304.060 to 304.120, inclusive, for the election of
Representatives in Congress.
(Added to NRS by 2009, 2587;
A 2011,
1783)
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 293.077 “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 judge of the Court of Appeals;
9. A State Senator;
10. A State Assemblyman or Assemblywoman;
11. A regent of the University of Nevada;
12. A member of the State Board of
Education; or
13. A district judge.
(Added to NRS by 1993, 2167; A 2013, 1776)
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 293.119 “Undervote” defined. “Undervote”
means a ballot that has been cast by a voter but shows no legally valid
selection for any candidate for a particular office or for a ballot question.
(Added to NRS by 2011, 3270)
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 293.127563 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 petition district within the State
for a petition for initiative or referendum that proposes a constitutional
amendment or statewide measure.
2. To determine the number of signatures
required to be gathered from each petition district, the Secretary of State
shall calculate the amount that equals 10 percent of the voters who voted in
this State at the last preceding general election and divide that amount by the
number of petition districts. Fractional numbers must be rounded up to the
nearest whole number.
(Added to NRS by 2007, 2741; A 2009, 2587;
2011, 1783,
3271)
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, 293.172, 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, 293.172,
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 the person 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; regulations.
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, 293.172, 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, in the case of a
petition for initiative or referendum proposing a constitutional amendment or
statewide measure, shall tally the number of signatures for each petition district
contained fully or partially within the county 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, the Secretary of State
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.
4. The Secretary of State may adopt
regulations establishing procedures to carry out the provisions of this
section.
(Added to NRS by 1985, 1090; A 1987, 1361; 1993, 2665; 1997, 750; 1999, 2147; 2009, 2588;
2011, 1784,
3271)
NRS 293.1277 Verification of signatures by county clerks; regulations.
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, the Secretary of State 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 the county clerk’s
county and, in the case of a petition for initiative or referendum proposing a
constitutional amendment or statewide measure, shall tally the number of
signatures for each petition district contained or fully contained within the
county clerk’s county. For the purpose of verification pursuant to this
section, the county clerk shall not include in his or her tally of total
signatures any signature included in the incorrect petition district.
2. Except as otherwise provided in
subsection 3, if more than 500 names have been signed on the documents
submitted to a county clerk, the 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. If documents were submitted to the
county clerk for more than one petition district wholly contained within that
county, a separate random sample must be performed for each petition district.
3. If a petition district comprises more
than one county and the petition is for an initiative or referendum proposing a
constitutional amendment or a statewide measure, and if more than 500 names
have been signed on the documents submitted for that petition district, the
appropriate county clerks 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 clerks within the petition district 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 presented in the petition district, whichever is
greater. The Secretary of State shall determine the number of signatures that
must be verified by each county clerk within the petition district.
4. 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, the county clerk shall
ensure that every application in the file is examined, including any
application in his or her possession which may not yet be entered into the
county clerk’s records. Except as otherwise provided in subsection 5, the
county clerk shall rely only on the appearance of the signature and the address
and date included with each signature in making his or her determination.
5. If:
(a) Pursuant to NRS
293.506, a county clerk establishes a system to allow persons to register
to vote by computer; or
(b) A person registers to vote pursuant to NRS 293D.230 and signs his or her
application to register to vote using a digital signature or an electronic
signature,
Ê the county
clerk may rely on such other indicia as prescribed by the Secretary of State in
making his or her determination.
6. In the case of a petition for
initiative or referendum proposing a constitutional amendment or statewide
measure, when the county clerk is determining the number of registered voters
who signed the documents from each petition district contained fully or
partially within the county clerk’s county, he or she must use the statewide
voter registration list available pursuant to NRS
293.675.
7. Except as otherwise provided in
subsection 9, upon completing the examination, the county clerk shall
immediately attach to the documents a certificate properly dated, showing the
result of the examination, including the tally of signatures by petition district,
if required, and transmit the documents with the certificate to the Secretary
of State. In the case of a petition for initiative or referendum proposing a
constitutional amendment or statewide measure, if a petition district comprises
more than one county, the appropriate county clerks shall comply with the
regulations adopted by the Secretary of State pursuant to this section to
complete the certificate. 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.
8. A person who submits a petition to the
county clerk which is required to be verified pursuant to NRS 293.128, 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.
9. For any petition containing signatures
which are required to be verified pursuant to the provisions of NRS 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.
10. The Secretary of State shall 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; 2009, 2588;
2011, 1784,
2083, 3271; 2013, 29)
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 and, in the case of a petition for
initiative or referendum proposing a constitutional amendment or statewide
measure, that the petition has the minimum number of signatures required for
each petition district, 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 and, in the case of a petition for initiative or referendum
proposing a constitutional amendment or statewide measure, that the petition
has the minimum number of signatures required for each petition district, 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; 2009, 2589;
2011, 1786,
3273)
NRS 293.1279 Qualification or disqualification of petition upon verification
of signatures; regulations.
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 the county clerk
has removed each name as requested pursuant to NRS 295.055 or 306.015. In the case of a petition for
initiative or referendum that proposes a constitutional amendment or statewide
measure, if the statistical sampling shows that the number of valid signatures
in any petition district is 90 percent or more but less than the sum of 100 percent
of the number of signatures of registered voters required for that petition
district pursuant to NRS 295.012 plus
the total number of requests to remove a name received by the county clerk or
county clerks, if the petition district comprises more than one county,
pursuant to NRS 295.055, the Secretary
of State may order a 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 or
county clerks shall determine from the records of registration what number of
registered voters have signed the petition and, if appropriate, tally those
signatures by petition district. 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 and in determining in which petition district the voters reside, 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 or county
clerks 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. In the case of a petition for initiative or referendum to propose a
constitutional amendment or statewide measure, if a petition district comprises
more than one county, the county clerks shall comply with the regulations
adopted by the Secretary of State pursuant to this section to complete the
amended certificate.
5. For any petition containing signatures
which are required to be verified pursuant to the provisions of NRS 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 the Secretary of State 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, the Secretary of State 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.
8. The Secretary of State shall adopt
regulations to carry out the provisions of this section.
(Added to NRS by 1985, 1091; A 1985, 551; 1987, 1362; 1993, 2666; 1997, 751; 1999, 2148; 2001, 642; 2003, 2174; 2007, 2742; 2009, 2590;
2011, 1786,
3273)
NRS 293.12793 Appeal with Secretary of State contesting verification of
signatures; 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 the Secretary of State 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 the Secretary of State 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, 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 February 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 the circulator’s best information and belief and that the
signatures are genuine and were signed in the circulator’s 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 February
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; 2009, 1259)
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
Chair)
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, 223; 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 chair 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
chair 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
chair, 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 chair 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 or committeewoman and no precinct
may have more committeemen or committeewomen 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 chair 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 the person is a duly qualified elector of the county or
precinct which the person 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 or committeewomen 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 3, 4 and 5.
2. A vacancy occurring in a nonpartisan
office or nomination for a nonpartisan office after the close of filing and
before 5 p.m. of the fourth Friday in June of the year in which the general
election is held must be filled by the person who receives or received the next
highest vote for the nomination in the primary election if a primary election
was held for that nonpartisan office. If no primary election was held for that
nonpartisan office or if there was not more than one person who was seeking the
nonpartisan nomination in the primary election, a person may become a candidate
for the nonpartisan office at the general election if the person files a
declaration of candidacy or acceptance of candidacy, and pays the fee required
by NRS 293.193, on or after 8 a.m. on the third
Monday in June and before 5 p.m. on the fourth Friday in June.
3. If a vacancy occurs in a major
political party nomination for a partisan office after the primary election and
before 5 p.m. on the fourth Friday in June of the year in which the general
election is held and:
(a) The vacancy occurs because the nominee dies
or is adjudicated insane or mentally incompetent, the vacancy 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.
(b) The vacancy occurs for a reason other than
the reasons described in paragraph (a), the nominee’s name must remain on the
ballot for the general election and, if elected, a vacancy exists.
4. No change may be made on the ballot for
the general election after 5 p.m. on the fourth Friday in June of the year in
which the general election is held. If, after that time and date:
(a) A nominee dies or is adjudicated insane or
mentally incompetent; or
(b) A vacancy in the nomination is otherwise
created,
Ê the
nominee’s 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 fourth Friday in June of the
year in which the general election is held. 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; 2009, 1259;
2011, 3275;
2013, 1178,
2370)
NRS 293.166 Procedure for filling vacancy in party nomination for office of
State Legislator from multicounty legislative district.
1. A vacancy occurring in a party
nomination for the office of State Senator, Assemblyman or Assemblywoman from a
legislative district comprising more than one county may be filled as follows,
subject to the provisions of subsections 2, 3 and 4. 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, with the chair of the board of county
commissioners of the county whose population residing within the district is
the greatest presiding. 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 chairs 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. If a vacancy occurs in a party
nomination for the office of State Senator, Assemblyman or Assemblywoman from a
legislative district comprising more than one county after the primary election
and before 5 p.m. on the fourth Friday in June of the year in which the general
election is held and:
(a) The vacancy occurs because the nominee dies
or is adjudicated insane or mentally incompetent, the vacancy may be filled
pursuant to the provisions of subsection 1.
(b) The vacancy occurs for a reason other than the
reasons described in paragraph (a), the nominee’s name must remain on the
ballot for the general election and, if elected, a vacancy exists.
3. No change may be made on the ballot for
the general election after 5 p.m. on the fourth Friday in June of the year in
which the general election is held. If, after that time and date:
(a) A nominee dies or is adjudicated insane or
mentally incompetent; or
(b) A vacancy in the nomination is otherwise
created,
Ê the
nominee’s name must remain on the ballot for the general election and, if
elected, a vacancy exists.
4. The designation of a nominee pursuant
to this section must be filed with the Secretary of State on or before 5 p.m.
on the fourth Friday in June of the year in which the general election is held,
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; 2011, 3276;
2013, 1179)
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 organization.
1. To be organized 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; 2011, 3276)
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 minor political party is qualified. To qualify as a
minor political party, the minor political party must have filed a certificate
of existence and be organized pursuant to NRS 293.171,
must have filed 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 must have 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 must have 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 third Friday in May
preceding the general election, must file 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 only one candidate of each
minor political party for each partisan office may appear on the ballot for a
general election.
4. A minor political party must file a
copy of the petition required by paragraph (c) of subsection 2 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; 2009, 1260;
2011, 3277)
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 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 or her best information and belief and that the
signatures are genuine and were signed in his or her 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 or she resides, the date that he
or she signs and the name of the county in which he or she 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; 2011, 3278)
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; or
(b) Files or will file a petition pursuant to
paragraph (c) of subsection 2 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 March preceding the election nor later than 5
p.m. on the second Friday after the first Monday in March. 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 list may be amended not later than 5 p.m. on the second
Friday after the first Monday in March.
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 or her declaration of candidacy.
3. Each candidate on the list must file
his or her 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 the 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 March.
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 last
Tuesday in August.
(Added to NRS by 1987, 1360; A 1989, 2161; 1993, 2175; 1997, 316; 1999, 1391, 3550; 2003, 1642; 2009, 1261;
2011, 3278;
2013, 2371)
NRS 293.174 Challenge of qualification. If
the qualification of a minor political party to place the names of candidates
on the ballot pursuant to NRS 293.1715 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 June. Any judicial
proceeding resulting from the challenge must be set for hearing not more than 5
days after the third Friday in June. A challenge pursuant to this section must
be filed with the First Judicial District Court if the petition was filed with
the Secretary of State.
(Added to NRS by 1987, 1361; A 1999, 1392; 2009, 1262;
2011, 3279)
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 second Tuesday in June of 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:
(a) Apply to a special election to fill a
vacancy, except to the extent that compliance with the provisions is not
possible because of the time at which the vacancy occurred.
(b) Do not apply to the nomination of the
officers of incorporated cities.
(c) Do not apply to 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; 2009, 1262;
2013, 1777,
2372)
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 the
person seeks, the person 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
or she will have jurisdiction or 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 the person has changed:
(a) The designation of his or her political party
affiliation; or
(b) His or her 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 the
person’s 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 is not
organized 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; 2011, 3280)
NRS 293.177 Declaration or acceptance of candidacy: Filing required before
name may be printed on ballot; forms; contents; address of candidate; retention
of proof of identity and residency; appointment of agent for service of
process; investigation and disqualification of candidate who has been convicted
of felony and has not had civil rights restored.
1. Except as otherwise provided in NRS 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
March 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 March.
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 December 31 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 the candidate
actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The
declaration or acceptance of candidacy must not be accepted for filing if:
(a) The candidate’s address is listed as a post
office box unless a street address has not been assigned to his or her
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 or her 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 the 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 or her 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 the
candidate has had his or her civil rights restored by a court of competent
jurisdiction; and
(b) Shall transmit the credible evidence and the
findings from such investigation to the 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 or her 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; 2009, 1262)
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 February of the year in which the election is to be held nor later
than 5 p.m. on the first Friday in March; 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 or she is a
candidate in the primary election in like manner as if he or she 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; 2009, 1265)
NRS 293.181 Declaration of residency required of candidate for office of
State Legislator.
1. A candidate for the office of State
Senator, Assemblyman or Assemblywoman must execute and file with his or her
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 218A.200 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 the candidate 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 or her
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 the person filed the
declaration of candidacy or acceptance of candidacy; and
(b) The person is disqualified from entering upon
the duties of the office for which he or she filed the declaration of candidacy
or acceptance of candidacy.
6. If, at the hearing, the court
determines that the challenge is frivolous, the court may order the elector who
filed the challenge to pay the reasonable attorney’s fees and court costs of
the challenged person.
(Added to NRS by 2001, 671)
NRS 293.184 Penalty for willfully filing declaration or acceptance of
candidacy with knowledge it contains false statement; posting of notice of
disqualification at polling place required in certain circumstances.
1. In addition to any other penalty
provided by law, if a person willfully files a declaration of candidacy or
acceptance of candidacy knowing that the declaration of candidacy or acceptance
of candidacy contains a false statement:
(a) Except as otherwise provided in NRS 293.165 and 293.166,
the name of the person must not appear on any ballot for the election for which
the person filed the declaration of candidacy or acceptance of candidacy; and
(b) The person is disqualified from entering upon
the duties of the office for which he or she was a candidate.
2. If the name of a person who is
disqualified from entering upon the duties of an office pursuant to subsection
1 appears on a ballot for the election is disqualified because the deadline set
forth in NRS 293.165 and 293.166
for making changes to the ballot has passed, the Secretary of State and county
clerk must post a sign at each polling place where the person’s name will
appear on the ballot informing voters that the person is disqualified from
entering upon the duties of office.
(Added to NRS by 2001, 672; A 2011, 3280)
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, Assemblymen and
Assemblywomen 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,
Assemblymen and Assemblywomen 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 293.186 Candidates for public office to receive form or access to
electronic form for making statement of financial disclosure and related
instructions. The Secretary of
State and each county clerk, or the registrar of voters of the county if one
was appointed pursuant to NRS 244.164,
or city clerk who receives from a candidate for public office a declaration of
candidacy, acceptance of candidacy or certificate of candidacy shall give to
the candidate:
1. If the candidate is a candidate for
judicial office, the form prescribed by the Administrative Office of the Courts
for the making of a statement of financial disclosure;
2. If the candidate is not a candidate for
judicial office and is required to file electronically the statement of
financial disclosure, access to the electronic form prescribed by the Secretary
of State; or
3. If the candidate is not a candidate for
judicial office, is required to submit the statement of financial disclosure
electronically and has submitted an affidavit to the Secretary of State
pursuant to NRS 281.572, the form
prescribed by the Secretary of State,
Ê accompanied
by instructions on how to complete the form and the time by which it must be
filed.
(Added to NRS by 1985, 2122; A 1987, 2098; 1997, 3475; 2001, 1958; 2003, 3397; 2011, 1732)—(Substituted
in revision for NRS 281A.650)
NRS 293.187 Certification of names of persons for whom candidacy papers have
been filed.
1. Not later than 5 working days after the
last day on which any candidate may withdraw his or her candidacy pursuant to NRS 293.202:
(a) 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 or she represents; and
(b) Each county clerk shall forward to the
Secretary of State a certified list containing the name and mailing address of
each person for whom candidacy papers have been filed in the office of the
county clerk, 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 or she represents.
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; 2013, 2372)
NRS 293.190 Certification of names of persons nominated at primary election. Not later than 15 days after the primary
election at which candidates are nominated for any public office:
1. 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 or she is nominated for all candidates required to file
declarations, certificates and acceptances of candidacies in the Office of the
Secretary of State; and
2. Each county clerk shall certify to the
Secretary of State the name of each person nominated and the title of the
office for which he or she is nominated for all candidates required to file
declarations, certificates and acceptances of candidacies in the office of the
county clerk.
(Added to NRS by 1960, 244; A 1961, 285; 2013, 2373)
NRS 293.193 Filing fees.
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 or
Assemblywoman.................................................................... 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 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, the person shall designate the particular office
for which he or she is declaring candidacy.
(Added to NRS by 1975, 936)
NRS 293.1965 Each office of judge of the Court of Appeals constitutes
separate office for nomination and election. For
the purposes of elections only, the Secretary of State shall establish
designations which separately identify each office of judge of the Court of
Appeals. Before any person is allowed to file a declaration of candidacy for
the office of judge of the Court of Appeals, the person shall designate the
particular office for which he or she is declaring candidacy.
(Added to NRS by 2013, 1776)
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 as set forth in NRS 293.185:
(a) A copy of the petition of candidacy that he
or she 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. The copy of the petition must be filed with the appropriate
filing officer before the petition may be circulated for signatures.
(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 or her
signature the address of the place at which the person actually resides, the
date that he or she signs the petition and the name of the county where he or
she 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 or her knowledge and belief and were signed in
his or her 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 March preceding the general election and
not later than 5 p.m. on the second Friday after the first Monday in March.
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 or she 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 March. Any judicial proceeding resulting from the challenge must be
set for hearing not more than 5 days after the fourth Monday in March.
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 March of the year in which the election is held nor
later than 5 p.m. on the second Friday after the first Monday in March.
(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; 2009, 1266;
2013, 2373)
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 March
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;
2009, 1267)
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 March 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, the Secretary of State 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
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, the Secretary of State 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; 2009, 1267)
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, Assemblywoman,
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
March 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 or her 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; 2009, 1268)
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 in which
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 in which 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. A county clerk may establish a mailing
precinct or an absent ballot mailing precinct that does not meet the
requirements of subsection 1, 2 or 3 if the county clerk obtains prior approval
from the Secretary of State.
5. 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, Assemblywoman,
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; 2011,
2085)
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 a
relative of the candidate within the second degree of consanguinity or affinity
may be appointed as an election board officer. Immediately after election board
officers are appointed, if requested by the 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 services
rendered as a deputy sheriff during the election for which the officer 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 the pupil 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 the high school or the
pupil’s assigned school counselor receives the county clerk’s certificate and a
written request signed by the pupil’s parent or guardian to be excused from
school for the time specified in the certificate;
(d) The principal of the high school or the
assigned school counselor of the pupil approves the pupil’s request; and
(e) The pupil attends the training class required
by NRS 293B.260.
3. Except as otherwise provided in this
subsection, the 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 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 chair 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 chairs of election boards, of suitable persons to serve as members of
election boards; and
2. Recommendation by the chairs of
suitable persons to serve in the case of vacancies.
(Added to NRS by 1973, 320; A 1977, 241; 1987, 335; 1997, 3450)
NRS 293.220 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, the
person shall notify the county clerk within 5 days after receipt of the
notification that he or she 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 or she possesses the
qualifications required to perform the services required.
(Added to NRS by 1960, 247; A 1985, 1595; 1987, 335)
NRS 293.227 Designation of chair; duties; restrictions upon participation of
trainees; training; travel expenses for training.
1. Each election board must have one
member designated as the chair 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 chair 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 or her 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 293.235 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, the county clerk 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)
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 and are effective
on or before the last business day of February 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 acceptable standards for the sending and
receiving of applications, forms and ballots, by approved electronic
transmission, by the county clerks and the electors or registered voters who
are authorized to use approved electronic transmission pursuant to the
provisions of this title;
(q) The forms for applications to register to
vote and any other forms necessary for the administration of this title; and
(r) 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; 2009, 354; 2013, 2374)
NRS 293.250 Secretary of State to prescribe procedure for and requirements
of a system 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. Except as otherwise provided in chapter 293D of NRS, 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 procedures to be followed and the
requirements of a system established pursuant to NRS
293.506 for using a computer to register voters and to keep records of
registration.
2. Except as otherwise provided in chapter 293D of NRS, 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 the Secretary of State, 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 or her 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. The explanations must include a digest. The digest must
include a concise and clear summary of any existing laws directly related to
the constitutional amendment or statewide measure and a summary of how the
constitutional amendment or statewide measure adds to, changes or repeals such
existing laws. For a constitutional amendment or statewide measure that creates,
generates, increases or decreases any public revenue in any form, the first
paragraph of the digest must include a statement that the constitutional
amendment or statewide measure creates, generates, increases or decreases, as
applicable, public revenue.
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; 2011, 1922,
2085; 2013, 643)
STATEWIDE MEASURES: PREPARATION OF ARGUMENTS; PUBLICATION
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, the Secretary of
State may appoint fewer than three persons to that committee, but the Secretary
of State 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 chair 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 the Secretary of State 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 218D.810, 293.250
and 293.252.
2. Whenever feasible, the Secretary of
State 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 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 or her polling place to vote before 7 p.m. and the voter
has not already cast a 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 or her 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 the Secretary of State’s 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 given names
and 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 or her given name followed
by his or her 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 or
she is voting.
2. In any election regulated by this
chapter, if two or more candidates have the same given name and surname 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; or
(b) One of the candidates is an incumbent, the
name of the incumbent must be listed first and the word “Incumbent” must appear
next to the name of the candidate who is the incumbent.
(Added to NRS by 2003, 1714; A 2011, 2086)
NRS 293.257 Separate primary ballots; placement of candidates’ names;
designation on application to register to vote of affiliation with major
political party condition for registered voter to cast ballot for party at
primary election.
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 the county clerk selects must permit all registered voters to
vote on them.
3. A registered voter may cast a primary
ballot for a major political party at a primary election only if the registered
voter designated on his or her application to register to vote an affiliation
with that major political party.
(Added to NRS by 1960, 250; A 1963, 1388; 1965, 652;
1967, 847; 1971, 442; 1977, 243; 1979, 264; 1989, 227; 2011, 3280)
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
or her 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 or her 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, the office of judge of
the Court of Appeals 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, office of judge of the Court of Appeals 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, the
candidate must be declared elected to the office and his or her 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 or her 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; 2013, 1777)
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; indication of party name, “independent” or
“nonpartisan” or abbreviations thereof; 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 or abbreviation of his or
her political party, the word “independent” or the abbreviation “IND,” as the
case may be.
(b) Immediately following the name of each
candidate for a nonpartisan office must appear the word “nonpartisan” or the
abbreviation “NP.”
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 or abbreviation of the political party, the word “independent” or
“nonpartisan” or the abbreviation “IND” or “NP,” as appropriate, 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; 2011, 3069)
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 the 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 members of the
Assembly.
5. County and township partisan offices.
6. Statewide nonpartisan offices.
7. District nonpartisan offices.
8. County nonpartisan offices.
9. City offices:
(a) Mayor;
(b) Council members 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 a choice of that line in the same manner as the voter would express a
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 the choice of the line “None of these
candidates” only if the voter 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; exception.
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. Except as otherwise provided in chapter 293D of NRS, 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; 2009, 355; 2011, 1922)
NRS 293.272 Voting in person required at first election after valid
registration for voter who registered to vote by mail or computer; exceptions.
1. Except as otherwise provided in
subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer
to vote shall, for the first election in which the person votes at which that
registration is valid, vote in person unless he or she has previously voted in
the county in which he or she is registered to vote.
2. The provisions of subsection 1 do not
apply to a person who:
(a) Is entitled to vote in the manner prescribed
in NRS 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 or chapter
293D of NRS;
(c) Is disabled;
(d) Submits or has previously submitted a written
request for an absent ballot that is signed by the registered voter before a
notary public or other person authorized to administer an oath; or
(e) Requests an absent ballot in person at the
office of the county clerk.
(Added to NRS by 1991, 1681; A 1993, 2180; 1995, 2624; 1999, 2155; 2001, 1434; 2003, 2175; 2011, 2087)
NRS 293.2725 Voter who registered to vote by mail or computer 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 or computer 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, which shows his or her physical address; 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, which shows his or her physical address; 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.
Ê If there is
a question as to the physical address of the person, the election board officer
or clerk may request additional information.
2. The provisions of subsection 1 do not
apply to a person who:
(a) Registers to vote by mail and submits with an
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) Except as otherwise provided in subsection 3,
registers to vote by mail or computer and submits with an application to
register to vote a driver’s license number or at least the last four digits of
his or her 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 the
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.
3. The provisions of subsection 1 apply to
a person described in paragraph (b) of subsection 2 if the voter registration
card issued to the person pursuant to subsection 6 of NRS
293.517 is mailed by the county clerk to the person and returned to the
county clerk by the United States Postal Service.
(Added to NRS by 2003, 2171; A 2007, 1151; 2011, 2087,
3069; 2013, 2375)
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 the 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 or her
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 the person provides an affirmation pursuant to NRS 293.525, the person is entitled to vote and must
sign his or her name in the election board register when he or she applies to
vote. The signature must be compared by an election board officer with the
signature or a facsimile thereof on the person’s original application to
register to vote or one of the forms of identification listed in subsection 2.
2. 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
or she registered to vote;
(b) A driver’s license;
(c) An identification card issued by the
Department of Motor Vehicles;
(d) A military identification card; or
(e) Any other form of identification issued by a
governmental agency 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
or her 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 or her name to the election board
officer in charge of the election board register, and the officer shall immediately
announce the name and take the registered voter’s signature.
(Added to NRS by 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 or her 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 the person designated the political party to which he or she 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 or her 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 293.2955 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, the county clerk 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 a ballot without assistance may cast his or
her 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 or her own choice, except:
(a) The voter’s employer or an agent of the
voter’s employer; or
(b) An officer or agent of the voter’s labor
organization.
2. A person providing assistance pursuant
to this section to a voter in casting a vote shall not disclose any information
with respect to the casting of that ballot.
3. The right to assistance in casting a
ballot may not be denied or impaired when the need for assistance is apparent
or is known to the election board or any member thereof, but the election board
may require a registered voter to sign a statement that he or she requires
assistance in casting a vote 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 or her 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 or her 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 293.301 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;
6. General information concerning federal
and state laws which prohibit acts of fraud and misrepresentation; and
7. Information concerning the eligibility
of a candidate, a ballot question or any other matter appearing on the ballot
as a result of a judicial determination or by operation of law, if any.
(Added to NRS by 2003, 2173; A 2011, 2088)
NRS 293.303 Challenges.
1. A person applying to vote may be
challenged:
(a) Orally by any registered voter of the
precinct upon the ground that he or she 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 the
challenged person 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 the challenged person designated the political
party to which he or she 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 the
challenged person does not reside at the residence for which the address is
listed in the election board register, “I swear or affirm under penalty of
perjury that I reside at the residence for which the address is listed in the
election board register”;
(d) If the challenge is on the ground that the
challenged person previously voted a ballot for the election, “I swear or
affirm under penalty of perjury that I have not voted for any of the candidates
or questions included on this ballot for this election”; or
(e) If the challenge is on the ground that the
challenged person is not the person he or she claims to be, “I swear or affirm
under penalty of perjury that I am the person whose name is in this election
board register.”
Ê The oath or
affirmation must be set forth on a form prepared by the Secretary of State and
signed by the challenged person under penalty of perjury.
3. Except as otherwise provided in
subsection 4, if the challenged person refuses to execute the oath or
affirmation so tendered, he or she must not be issued a ballot, and the officer
in charge of the election board register shall write the words “Challenged
................” opposite his or her name in the election board register.
4. If the challenged person refuses to
execute the oath or affirmation set forth in paragraph (a) or (b) of subsection
2, the election board officers shall issue the person 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 the person that he or she 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 the
person 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 or she furnishes satisfactory identification which contains proof of
the address at which the person actually resides. For the purposes of this
subsection, a voter registration card issued pursuant to NRS
293.517 does not provide proof of the address at which a person resides.
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 the person:
(a) Furnishes official identification which
contains a photograph of the person, such as a driver’s license or other
official document; or
(b) Brings before the election board officers a
person who is at least 18 years of age who:
(1) Furnishes official identification
which contains a photograph of that person, such as a driver’s license or other
official document; and
(2) Executes an oath or affirmation under
penalty of perjury that the challenged person is who he or she swears to be.
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 or she 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 the county clerk’s office and at such other
locations as he or she 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 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 or she has registered
to vote and is eligible to vote at that election in that jurisdiction, but his
or her 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 or computer, 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 or she 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; A 2011, 2088)
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 or she 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 or she provided the required identification at the time the person
applied to register to vote;
(2) The address of the person as listed on
the 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
the 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 the person’s vote was counted, and, if the
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 or computer 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 the person mails the
ballot; and
3. Completes the written affirmation set
forth in subsection 1 of NRS 293.3082.
(Added to NRS by 2003, 2171; A 2011, 2088)
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 the person resides;
(b) A voter who failed to provide required
identification at the polling place or with his or her 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 the person
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 the person’s
vote was counted and, if the 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; ineffectiveness
of legal actions 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;
(b) Except as otherwise provided in paragraph
(c), resides outside the State, not later than 40 days before a primary or
general election, if possible; or
(c) Requested an absent ballot pursuant to the
provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42
U.S.C. §§ 1973ff et seq., not later than 45 days before the election.
3. Any legal action 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; 2011, 3070)
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 the person 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 and chapter
293D of NRS, 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; 2011, 1923)
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 or her ability to go to the polling place,
Ê may request
an absent ballot for all elections held during the year he or she requests an
absent ballot.
3. 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 primary and
general elections immediately following the date on which the county clerk
received the request.
4. 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.
5. 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.
(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; 2011, 3070)
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
or herself to the satisfaction of the clerk, the voter is entitled to receive
the appropriate ballot or ballots, but only for his or her 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 the county clerk 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 293.316 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 confinement in a hospital, sanatorium, dwelling or nursing home; or
(b) Because the registered voter is suddenly
hospitalized, becomes seriously ill or is called away from home after the time
has elapsed for requesting an absent ballot as provided in NRS 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 or she will be
confined therein on the day of the election; and
(e) Unless the person designated pursuant to
paragraph (b) will mark and sign an absent ballot on behalf of the registered
voter pursuant to subsection 5, a statement signed under penalty of perjury
that only the registered voter will mark and sign the ballot.
4. Except as otherwise provided in
subsection 5, after marking the ballot, the voter must:
(a) Place it in the identification envelope;
(b) Affix his or her signature on the back of the
envelope; and
(c) Return it to the office of the 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 or her signature that
the ballot has been marked and signed on behalf of the registered voter.
6. A request for an absent ballot
submitted pursuant to this section must be made, and the ballot delivered to
the voter and returned to the 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 the registered voter 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, 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 or her signature that the ballot
has been marked and signed on behalf of the registered voter.
6. The procedure authorized pursuant to
this section is subject to all other provisions of this chapter relating to
voting by absent ballot to the extent that those provisions are not
inconsistent with the provisions of this section.
(Added to NRS by 1999, 2146)
NRS 293.317 Invalid absent ballots. Absent
ballots, including special absent ballots, 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; 2009, 357)
NRS 293.320 County clerk to determine if applicant for absent ballot is
registered voter. The county clerk
shall determine before issuing an absent ballot that the person making
application is a registered voter in the proper county.
(Added to NRS by 1960, 256; A 1965, 669; 1987, 343; 1993, 2186; 1995, 2267; 1997, 3457; 2003, 2177; 2009, 357; 2011, 1923)
NRS 293.323 Delivery of absent ballot and voting supplies; return of absent
ballot; recordation of certain information by county clerk; regulations.
1. Except as otherwise provided in
subsection 2 and chapter 293D of NRS, if
the request for an absent ballot is made by mail or facsimile machine, the
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:
(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;
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 the absent
ballot to the county clerk or submit the absent ballot by facsimile machine.
3. The return envelope sent pursuant to
subsection 1 must include postage prepaid by first-class mail if the absent
voter is within the boundaries of the United States, its territories or
possessions or on a military base.
4. Nothing may be enclosed or sent with an
absent ballot except as required by subsection 1 or 2 and chapter 293D of NRS.
5. Before depositing a ballot 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, the registered voter’s precinct or district, and political affiliation,
if any, the number of the ballot and any remarks the county clerk 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; 2009, 357; 2011, 1923)
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 and NRS 293D.200, when
an absent ballot is returned by a registered voter to the county clerk through
the mail, by facsimile machine or other approved electronic transmission or in
person, 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. Except as otherwise provided in NRS 293D.200, if an absent ballot
central counting board has been appointed, when an absent ballot is returned by
a registered voter to the county clerk through the mail, by facsimile machine
or other approved electronic transmission or in person, the county clerk shall
check the signature on the return envelope, facsimile or other approved
electronic transmission against the original signature of the voter on the county
clerk’s register. If the county clerk determines that the absent voter is
entitled to cast a ballot, the county clerk shall deposit the ballot in the
proper ballot box or place the ballot, unopened, in a container that must be
securely locked or under the control of the 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;
2009, 358;
2013, 31)
NRS 293.330 Procedure for voting after requesting absent ballot; unlawful
return of ballot; penalty.
1. Except as otherwise provided in
subsection 2 of NRS 293.323 and chapter 293D of NRS, and any regulations
adopted pursuant thereto, when an absent voter receives an absent ballot, the
absent voter must mark and fold it in accordance with the instructions, deposit
it in the return envelope, seal the envelope, affix his or her signature on the
back of the envelope in the space provided therefor and mail the return
envelope.
2. Except as otherwise provided in
subsection 3, if an absent voter who has requested a ballot by mail applies to
vote the ballot in person at:
(a) The office of the county clerk, the absent
voter must mark the ballot, seal it in the return envelope and affix his or her
signature in the same manner as provided in subsection 1, and deliver the
envelope to the clerk.
(b) A polling place, including, without
limitation, a polling place for early voting, the absent voter must surrender
the absent ballot and provide satisfactory identification before being issued a
ballot to vote at the polling place. A person who receives a surrendered absent
ballot shall mark it “Cancelled.”
3. If an absent voter who has requested a
ballot by mail applies to vote in person at the office of the 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 the voter’s family. A person who returns
an absent ballot and who is a member of the family of the voter who requested
the absent ballot shall, under penalty of perjury, indicate on a form
prescribed by the county clerk that the person is a member of the family of the
voter who requested the absent ballot and that the voter requested that the
person return the absent ballot. A person who violates the provisions of this
subsection is guilty of a category E felony and shall be punished as provided
in NRS 193.130.
(Added to NRS by 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; 2011, 1924)
NRS 293.333 Procedure for depositing absent ballot in ballot box. Except as otherwise provided in NRS 293D.200, on the day of an election,
the precinct or district election boards receiving the absent voters’ ballots
from the 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 a ballot, the envelope must be opened, the numbers on
the ballot and envelope compared, the number strip or stub detached from the
ballot and, if the numbers are the same, the ballot deposited in the regular
ballot box; and
4. The election board officers shall mark
in the roster opposite the name of the voter the word “Voted.”
(Added to NRS by 1960, 258; A 1987, 344, 695; 1995, 2267, 2625; 1997, 652, 3458; 2001, 2028; 2007, 1158, 2593; 2011, 3281;
2013, 32,
3813)
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,
except as otherwise provided in NRS
293D.200, 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; 2013, 32)
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 the county clerk’s office for each different ballot listing in the county.
2. On each such box there must appear a
statement indicating the precincts and district for which such box has been
designated.
3. Except as otherwise provided in NRS 293D.200, each absent ballot voted
must be deposited in a ballot box according to the precinct or district of the
absent voter voting such ballot.
(Added to NRS by 1960, 258; A 2013, 32)
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 and Secretary of State that there are not
more than 200 registered voters, may vote at any election regulated by this
chapter in the manner provided in NRS 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; 2011, 2089)
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, 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 or her 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, the
registered voter must mark the ballot, place and seal it in the return envelope
and affix his or her signature in the same manner as provided in subsection 1,
and deliver the envelope to the 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, the registered
voter 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 the person is a member of the family of the
voter who received the mailing ballot and that the voter requested that he or
she 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 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, the county clerk 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 federal
holidays excepted.
2. The county clerk may:
(a) Include any Sunday or federal holiday that
falls within the period for early voting by personal appearance.
(b) Require a permanent polling place for early
voting to remain open until 8 p.m. on any Saturday that falls within the period
for early voting.
3. A permanent polling place for early
voting must remain open:
(a) On Monday through Friday:
(1) During the first week of early voting,
from 8 a.m. until 6 p.m.
(2) During the second week of early
voting, from 8 a.m. until 6 p.m., or until 8 p.m. if the 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 the county clerk may establish.
(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671, 2778; 1999, 695; 2007, 2594; 2011, 3281)
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 or she 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 or she
is registered to vote, his or her voter identification number and a place for
the voter’s signature;
(b) The voter’s precinct or voting district
number; and
(c) The date of voting early in person.
4. When a voter is entitled to cast a
ballot and has identified himself or herself to the satisfaction of the deputy
clerk for early voting, the voter is entitled to receive the appropriate ballot
or ballots, but only for his or her own use at the polling place for early
voting.
5. If the ballot is voted on a mechanical
recording device which directly records the votes electronically, the deputy
clerk for early voting shall:
(a) Prepare the mechanical recording device for
the voter;
(b) Ensure that the voter’s precinct or voting
district and the form of ballot are indicated on the voting receipt, if the
county clerk uses voting receipts; and
(c) Allow the voter to cast a vote.
6. A voter applying to vote early by
personal appearance may be challenged pursuant to NRS
293.303.
(Added to NRS by 1993, 2170; A 1995, 2267, 2627, 2779; 1997, 668, 671, 2780; 1999, 695; 2007, 1159, 2594)
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 293.3604 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 or her 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. Except as otherwise provided in
subsection 4 of NRS 293.165, if a candidate on the
ballot at a primary election dies after 5 p.m. of the second Tuesday in April,
the deceased candidate’s name must remain on the ballot and the votes cast for
the deceased candidate must be counted in determining the nomination for the
office for which the decedent was a candidate.
2. If the deceased candidate on the ballot
at the primary election receives the number of votes required to receive the
nomination to the office for which he or she was a candidate, except as
otherwise provided in subsection 2 of NRS 293.165,
the deceased candidate shall be deemed nominated and the vacancy in the
nomination 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 fourth Friday in
June of the year in which the general election is held, the votes cast for the
deceased candidate must be counted in determining the results of the election
for the office for which the decedent was a candidate.
4. If the deceased candidate on the ballot
at the general election receives the majority of the votes cast for the office,
the deceased candidate shall be deemed elected and the office to which he or
she was elected shall be deemed vacant at the beginning of the term for which
he or she was elected. The vacancy 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; 2009, 1269;
2011, 3281;
2013, 2376)
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 the candidate received. 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; 2011, 3071)
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 this
section, 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. Except as otherwise provided in
subsection 3, 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. The Secretary of State shall notify
each county clerk as soon as is reasonably practicable when every polling place
is closed and all votes have been cast. A county clerk shall not post copies of
the tabulated voting results for a statewide or multicounty race or ballot
question until the county clerk has received notification from the Secretary of
State that all polling places are closed and all votes have been cast.
4. Each copy of the voting results posted
in accordance with subsections 1, 2 and 3 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; 2011, 3282)
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 separately would
violate the secrecy of a voter’s ballot. The county clerks shall develop a
procedure to ensure that each ballot is kept secret.
5. Any person who disseminates to the
public in any way information pertaining to the count of absent ballots before
the polls close is guilty of a misdemeanor.
(Added to NRS by 1960, 263; A 1969, 820; 1971, 445;
1973, 244; 1985,
1596; 1987,
349; 1989,
1665; 1991,
2221; 1993,
2187; 1997,
3463; 2001,
2031; 2007,
1163, 2599)
NRS 293.387 Canvass of returns; abstract of votes.
1. As soon as the returns from all the
precincts and districts in any county have been received by the board of county
commissioners, the board shall meet and canvass the returns. The canvass must
be completed on or before the sixth working day following the election.
2. In making its canvass, the board shall:
(a) Note separately any clerical errors
discovered; and
(b) Take account of the changes resulting from
the discovery, so that the result declared represents the true vote cast.
3. The county clerk shall, as soon as the
result is declared, enter upon the records of the board an abstract of the
result, which must contain the number of votes cast for each candidate. The
board, after making the abstract, shall cause the county clerk to certify the
abstract and, by an order made and entered in the minutes of its proceedings,
to make:
(a) A copy of the certified abstract; and
(b) A mechanized report of the abstract in
compliance with regulations adopted by the Secretary of State,
Ê and transmit
them to the Secretary of State not more than 7 working days after the election.
4. The Secretary of State shall,
immediately after any primary election, compile the returns for all candidates
voted for in more than one county. The Secretary of State shall make out and
file in his or her office an abstract thereof, and shall certify to the county
clerk of each county the name of each person nominated, and the name of the
office for which the person is nominated.
(Added to NRS by 1960, 261; A 1961, 292; 1963, 1374;
1967, 861; 1969, 786; 1971, 445, 1487; 1977, 245; 1987, 349, 1370; 1989, 1665; 1991, 1106; 1997, 3464; 1999, 3553; 2007, 621)
NRS 293.388 Abstract of votes: Transmission to public libraries or posting
upon website. The Secretary of
State, a board of county commissioners, a county clerk and any other person who
prepares an abstract of votes pursuant to this chapter shall:
1. Transmit on paper or by electronic
means to each public library in the jurisdiction of that person or entity; or
2. Post on a website maintained by that
person or entity on the Internet or its successor, if any,
Ê a copy of
each abstract that the person or entity prepares within 30 days after the
abstract is prepared.
(Added to NRS by 2003, 2256)
NRS 293.389 Inclusion of inactive voters in reports of votes prohibited. The Secretary of State, a board of county
commissioners, a county clerk and any other person who prepares an abstract of
votes or other report of votes pursuant to this chapter shall not include in
that abstract or report a person designated as an inactive voter pursuant to
subsection 7 of NRS 293.530 when determining the
percentage of voters who have voted or the total number of voters.
(Added to NRS by 1999, 1389)
NRS 293.391 Disposition and inspection of ballots, lists, records and stubs
of voted ballots after canvass by county commissioners.
1. The voted ballots, rejected ballots,
spoiled ballots, challenge lists, records printed on paper of voted ballots
collected pursuant to NRS 293B.400,
and stubs of the ballots used, enclosed and sealed, must, after canvass of the
votes by the board of county commissioners, be deposited in the vaults of the
county clerk. The records of voted ballots that are maintained in electronic
form must, after canvass of the votes by the board of county commissioners, be
sealed and deposited in the vaults of the county clerk. The tally lists
collected pursuant to NRS 293B.400
must, after canvass of the votes by the board of county commissioners, be
deposited in the vaults of the county clerk without being sealed. All materials
described by this subsection must be preserved for at least 22 months, and all
such sealed materials must be destroyed immediately after the preservation
period. A notice of the destruction must be published by the clerk in at least
one newspaper of general circulation in the county not less than 2 weeks before
the destruction.
2. Unused ballots, enclosed and sealed,
must, after canvass of the votes by the board of county commissioners, be
deposited in the vaults of the county clerk and preserved for at least the
period during which the election may be contested and adjudicated, after which
the unused ballots may be destroyed.
3. The rosters containing the signatures
of those persons who voted in the election and the tally lists deposited with
the board of county commissioners are subject to the inspection of any elector
who may wish to examine them at any time after their deposit with the county
clerk.
4. A contestant of an election may inspect
all of the material regarding that election which is preserved pursuant to
subsection 1 or 2, except the voted ballots.
5. The voted ballots deposited with the
county clerk are not subject to the inspection of anyone, except in cases of a
contested election, and then only by the judge, body or board before whom the
election is being contested, or by the parties to the contest, jointly,
pursuant to an order of such judge, body or board.
(Added to NRS by 1961, 297; A 1963, 1375; 1975, 940; 1981, 1740; 1989, 1788; 1993, 2187; 1995, 2783; 1999, 2159; 2001, 2952; 2003, 1651; 2007, 2599)
NRS 293.393 Preparation of abstracts of votes cast at general election or
other statewide election; certificates of election.
1. On or before the sixth working day
after any general election or any other election at which votes are cast for
any United States Senator, Representative in Congress, member of the
Legislature or any state officer who is elected statewide, the board of county
commissioners shall open the returns of votes cast and make abstracts of the
votes.
2. Abstracts of votes must be prepared in
the manner prescribed by the Secretary of State by regulation.
3. The county clerk shall make out a
certificate of election to each of the persons having the highest number of
votes for the district, county and township offices.
4. Each certificate must be delivered to
the person elected upon application at the office of the county clerk.
(Added to NRS by 1960, 262; A 1961, 292; 1963, 1375;
1965 Special Session, 4; 1971, 1415; 1987, 350; 1989, 1666; 1997, 3464; 2007, 621)
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.
1. The board of county commissioners,
after making the abstract of votes as provided in NRS
293.393, shall cause the county clerk to certify the abstract and, by an
order made and entered in the minutes of its proceedings, to make:
(a) A copy of the certified abstract; and
(b) A mechanized report of that abstract in
compliance with regulations adopted by the Secretary of State,
Ê and
forthwith transmit them to the Secretary of State.
2. On the fourth Tuesday of November after
each general election, the justices of the Supreme Court, or a majority
thereof, shall meet with the Secretary of State, and shall open and canvass the
vote for the number of presidential electors to which this State may be
entitled, United States Senator, Representative in Congress, members of the
Legislature, state officers who are elected statewide or by district, district
judges, or district officers whose districts include area in more than one
county and for and against any question submitted.
3. The Governor shall issue certificates
of election to and commission the persons having the highest number of votes
and shall issue proclamations declaring the election of those persons.
(Added to NRS by 1960, 262; A 1965 Special Session,
4; 1969, 65; 1971, 1415; 1987, 1371; 1989, 1666; 1991, 1106; 1997, 3465; 2003, 1706)
NRS 293.397 Prohibitions against withholding certificate of election or
commission. A certificate of
election or commission must not be withheld from the person having the highest
number of votes for the office because of any contest of election filed in the
election or any defect or informality in the returns of any election, if it can
be ascertained with reasonable certainty from the returns what office is
intended and who is entitled to the certificate or commission.
(Added to NRS by 1960, 262; A 1961, 293; 1971, 450; 1995, 1660)
TIES, RECOUNTS AND CONTESTS
NRS 293.400 Determination of winner if tie vote; recounts.
1. If, after the completion of the canvass
of the returns of any election, two or more persons receive an equal number of
votes, which is sufficient for the election of one or more but fewer than all
of them to the office, the person or persons elected must be determined as
follows:
(a) In a general election for a United States
Senator, Representative in Congress, state officer who is elected statewide or
by district, district judge, or district officer whose district includes area
in more than one county, the Legislature shall, by joint vote of both houses,
elect one of those persons to fill the office.
(b) In a primary election for a United States
Senator, Representative in Congress, state officer who is elected statewide or
by district, district judge, or district officer whose district includes area
in more than one county, the Secretary of State shall summon the candidates who
have received the tie votes to appear before the Secretary of State at a time
and place designated by the Secretary of State and the Secretary of State shall
determine the tie by lot. If the tie vote is for the office of Secretary of
State, the Governor shall perform these duties.
(c) For any office of a county, township,
incorporated city, city organized under a special charter where the charter is
silent as to determination of a tie vote, or district which is wholly located
within one county, the county clerk shall summon the candidates who have
received the tie votes to appear before the county clerk at a time and place designated
by the county clerk and determine the tie by lot. If the tie vote is for the
office of county clerk, the board of county commissioners shall perform these
duties.
2. The summons mentioned in this section
must be mailed to the address of the candidate as it appears upon the
candidate’s declaration of candidacy at least 5 days before the day fixed for
the determination of the tie vote and must contain the time and place where the
determination will take place.
3. The right to a recount extends to all
candidates in case of a tie.
(Added to NRS by 1960, 263; A 1965, 614; 1981, 1740; 1987, 1371; 1995, 2628)
NRS 293.403 Recount of vote: Demand; advance deposit of costs.
1. A candidate defeated at any election
may demand and receive a recount of the vote for the office for which he or she
is a candidate to determine the number of votes received for the candidate and
the number of votes received for the person who won the election if within 3
working days after the canvass of the vote and the certification by the county
clerk or city clerk of the abstract of votes the candidate who demands the
recount:
(a) Files in writing a demand with the officer
with whom the candidate filed his or her declaration of candidacy or acceptance
of candidacy; and
(b) Deposits in advance the estimated costs of
the recount with that officer.
2. Any voter at an election may demand and
receive a recount of the vote for a ballot question if within 3 working days
after the canvass of the vote and the certification by the county clerk or city
clerk of the abstract of votes, the voter:
(a) Files in writing a demand with:
(1) The Secretary of State, if the demand
is for a recount of a ballot question affecting more than one county; or
(2) The county or city clerk who will
conduct the recount, if the demand is for a recount of a ballot question
affecting only one county or city; and
(b) Deposits in advance the estimated costs of
the recount with the person to whom the demand was made.
3. The estimated costs of the recount must
be determined by the person with whom the advance is deposited based on
regulations adopted by the Secretary of State defining the term “costs.”
4. As used in this section, “canvass”
means:
(a) In any primary election, the canvass by the
board of county commissioners of the returns for a candidate or ballot question
voted for in one county or the canvass by the board of county commissioners
last completing its canvass of the returns for a candidate or ballot question
voted for in more than one county.
(b) In any primary city election, the canvass by
the city council of the returns for a candidate or ballot question voted for in
the city.
(c) In any general election:
(1) The canvass by the Supreme Court of
the returns for a candidate for a statewide office or a statewide ballot
question; or
(2) The canvass of the board of county
commissioners of the returns for any other candidate or ballot question, as
provided in paragraph (a).
(d) In any general city election, the canvass by
the city council of the returns for a candidate or ballot question voted for in
the city.
(Added to NRS by 1960, 263; A 1965, 1255; 1975, 940; 1977, 237; 1981, 1700; 1983, 1288; 1987, 350; 1989, 1591, 2167; 1991, 1107; 1995, 2628; 1997, 3465; 2001, 2031)
NRS 293.404 Employment and duties of recount board; persons present; count
of ballots; recounts affecting more than one county; regulations.
1. Where a recount is demanded pursuant to
the provisions of NRS 293.403, the:
(a) County clerk of each county affected by the
recount shall employ a recount board to conduct the recount in the county, and
shall act as chair of the recount board unless the recount is for the office of
county clerk, in which case the registrar of voters of the county, if a
registrar of voters has been appointed for the county, shall act as chair of
the recount board. If a registrar of voters has not been appointed for the
county, the chair of the board of county commissioners, if the chair is not a
candidate on the ballot, shall act as chair of the recount board. If the
recount is for the office of county clerk, a registrar of voters has not been
appointed for the county and the chair of the board of county commissioners is
a candidate on the ballot, the chair of the board of county commissioners shall
appoint another member of the board of county commissioners who is not a
candidate on the ballot to act as chair of the recount board. A member of the
board of county commissioners who is a candidate on the ballot may not serve as
a member of the recount board.
(b) City clerk shall employ a recount board to
conduct the recount in the city, and shall act as chair of the recount board
unless the recount is for the office of city clerk, in which case the mayor of
the city, if the mayor is not a candidate on the ballot, shall act as chair of
the recount board. If the recount is for the office of city clerk and the mayor
of the city is a candidate on the ballot, the mayor of the city shall appoint
another member of the city council who is not a candidate on the ballot to act
as chair of the recount board. A member of the city council who is a candidate
on the ballot may not serve as a member of the recount board.
2. Each candidate for the office affected
by the recount and the voter who demanded the recount, if any, may be present
in person or by an authorized representative, but may not be a member of the
recount board.
3. Except in counties or cities using a
mechanical voting system, the recount must include a count and inspection of
all ballots, including rejected ballots, and must determine whether those
ballots are marked as required by law.
4. If a recount is demanded in a county or
city using a mechanical voting system, the person who demanded the recount
shall select the ballots for the office or ballot question affected from 5
percent of the total number of precincts for that particular office or ballot
question, but in no case fewer than three precincts, after notification to each
candidate for the office or the candidate’s authorized representative.
5. The recount board shall examine the
selected ballots, including any duplicate or rejected ballots, shall determine
whether the ballots have been voted in accordance with this title and shall
recount the valid ballots in the same manner in which the ballots were
originally tabulated. If the recount of the selected ballots for all 5 percent
of the precincts selected shows a total combined discrepancy of all precincts
selected equal to or greater than 1 percent or five votes, whichever is
greater, for the candidate demanding the recount or the candidate who won the
election according to the original canvass of the returns, or in favor of or
against a ballot question, according to the original canvass of the returns, the
county or city clerk, as applicable, shall determine whether the person who
demanded the recount is entitled to a recount and, if so, shall order a recount
of all the ballots for that office or ballot question.
6. The county or city clerk shall unseal
and give to the recount board all ballots to be counted.
7. In the case of a demand for a recount
affecting more than one county, including, without limitation, a statewide
office or a ballot question, the demand must be made to the Secretary of State.
The person who demanded the recount shall select the ballots for the statewide
office or ballot question affected from 5 percent of the total number of
precincts for that particular office or ballot question after notification to
each candidate for the office or the candidate’s representative. The Secretary
of State shall notify the county clerks of the 5 percent of statewide precincts
selected by the person who demanded the recount to examine the ballots in
accordance with the provisions of this section and to notify the Secretary of
State of the results of the recount in their respective precincts. If the
separate examinations, when combined, show a total discrepancy equal to or
greater than 1 percent for the candidate demanding the recount or the candidate
who won the election, according to the original canvass of the returns, or in
favor of or against a ballot question, according to the original canvass of the
returns, the Secretary of State shall determine whether the person who demanded
the recount is entitled to a recount and, if so, shall order the county or city
clerk, as applicable, to recount all the ballots for that office or ballot
question.
8. The Secretary of State may adopt
regulations to carry out the provisions of this section.
(Added to NRS by 1963, 1382; A 1975, 941; 1979, 267; 1985, 1097; 1987, 351; 1989, 1592; 1995, 2629; 1999, 2160; 2001, 2032; 2003, 1651; 2011, 3282)
NRS 293.405 Costs of recount; commencement and completion of recount;
limitation on additional recount.
1. If the person who demanded the recount
does not prevail, and it is found that the sum deposited was less than the cost
of the recount, the person shall, upon demand, pay the deficiency to the county
clerk, city clerk or Secretary of State, as the case may be. If the sum
deposited is in excess of the cost, the excess must be refunded to the person.
2. If the person who demanded the recount
prevails, the sum deposited with the Secretary of State, county clerk or city
clerk must be refunded to the person and the cost of the recount must be paid
as follows:
(a) If the recount concerns an office or ballot
question for which voting is not statewide, the cost must be borne by the
county or city which conducted the recount.
(b) If the recount concerns an office or ballot
question for which voting is statewide, the clerk of each county shall submit a
statement of its costs in the recount to the Secretary of State for review and
approval. The Secretary of State shall submit the statements to the State Board
of Examiners, which shall repay the allowable costs from the Reserve for
Statutory Contingency Account to the respective counties.
3. Each recount must be commenced within 5
days after demand, and must be completed within 5 days after it is begun.
4. After the recount of a precinct is
completed, that precinct must not be subject to another recount for the same
office or ballot question at the same election.
(Added to NRS by 1960, 263; A 1965, 1255; 1977, 237; 1981, 1700; 1987, 351; 1989, 1592; 1991, 1761; 2003, 1706)
NRS 293.407 Filing of written statement of contest with clerk of district
court; verification.
1. A candidate at any election, or any
registered voter of the appropriate political subdivision, may contest the
election of any candidate, except for the office of United States Senator or
Representative in Congress.
2. Except where the contest involves the
general election for the office of Governor, Lieutenant Governor, Assemblyman,
Assemblywoman, State Senator, justice of the Supreme Court or judge of the
Court of Appeals, a candidate or voter who wishes to contest an election,
including election to the office of presidential elector, must, within the time
prescribed in NRS 293.413, file with the clerk of
the district court a written statement of contest, setting forth:
(a) The name of the contestant and that the
contestant is a registered voter of the political subdivision in which the
election to be contested or part of it was held;
(b) The name of the defendant;
(c) The office to which the defendant was
declared elected;
(d) The particular grounds of contest and the
section of Nevada Revised Statutes pursuant to which the statement is filed;
and
(e) The date of the declaration of the result of
the election and the body or board which canvassed the returns thereof.
3. The contestant shall verify the statement
of contest in the manner provided for the verification of pleadings in civil
actions.
4. All material regarding a contest filed
by a contestant with the clerk of the district court must be filed in
triplicate.
(Added to NRS by 1960, 263; A 1965, 1230; 1981, 1741; 2013, 1778)
NRS 293.410 Dismissal of statement of contest; grounds for contest.
1. A statement of contest shall not be
dismissed by any court for want of form if the grounds of contest are alleged
with sufficient certainty to inform the defendant of the charges the defendant
is required to meet.
2. An election may be contested upon any
of the following grounds:
(a) That the election board or any member thereof
was guilty of malfeasance.
(b) That a person who has been declared elected
to an office was not at the time of election eligible to that office.
(c) That illegal votes were cast and counted for
the defendant, which, if taken from the defendant, will reduce the number of
the defendant’s legal votes below the number necessary to elect the defendant.
(d) That the election board, in conducting the
election or in canvassing the returns, made errors sufficient to change the
result of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to
give, to any person a bribe for the purpose of procuring his or her election.
(f) That there was a possible malfunction of any
voting or counting device.
(Added to NRS by 1960, 264; A 1961, 293; 1971, 446; 1977, 246)
NRS 293.413 Time for filing statement of contest; precedence of election
contest; referral to special master.
1. The statement of contest provided for
in NRS 293.407 shall be filed with the clerk of the
district court no later than 5 days after a recount is completed, and no later
than 14 days after the election if no recount is demanded. The parties to a
contest shall be denominated contestant and defendant.
2. The court shall set the matter for
hearing not less than 5 days nor more than 10 days after the filing of the
statement of contest. Election contests shall take precedence over all regular
business of the court in order that results of elections shall be determined as
soon as practicable.
3. The court may refer the contest to a
special master in the manner provided by the Nevada Rules of Civil Procedure,
and such special master shall have all powers necessary for a proper
determination of the contest.
(Added to NRS by 1960, 264; A 1967, 850)
NRS 293.415 Depositions in election contests; trial and submission of
matter. Any party to a contest may
take the deposition of any witness. The matter shall be tried and submitted so
far as may be possible upon depositions and written or oral argument as the
court may order.
(Added to NRS by 1960, 264)
NRS 293.417 Judgment of court in election contest.
1. If, in any contest, the court finds
from the evidence that a person other than the defendant received the greatest
number of legal votes, the court, as a part of the judgment, shall declare that
person elected or nominated.
2. The person declared nominated or
elected by the court is entitled to a certificate of nomination or election. If
a certificate has not been issued to that person, the county clerk, city clerk
or Secretary of State shall execute and deliver to the person a certificate of
election or a certificate of nomination.
3. If a certificate of election or
nomination to the same office has been issued to any person other than the one
declared elected by the court, that certificate must be annulled by the
judgment of the court.
4. Whenever an election is annulled or set
aside by the court, and the court does not declare some candidate elected, the
certificate of election or the commission, if any has been issued, is void and
the office is vacant.
(Added to NRS by 1960, 264; A 1987, 352)
NRS 293.420 Court costs.
1. If a contest proceeding is dismissed
for insufficiency of the statement of contest or for want of prosecution, or if
the district court confirms the election, judgment shall be rendered for costs
in favor of the defendant and against the contestant.
2. If an election is annulled or set aside
for errors or malfeasance of any election official in the conduct of the
election or in canvassing the returns, the costs shall be a charge against the
state or political subdivision in which the election was held.
3. When an election is annulled or set
aside on any other ground, judgment for costs shall be given in favor of the
contestant and against the defendant.
(Added to NRS by 1960, 265; A 1967, 850)
NRS 293.423 Recount of ballots at hearing of contest. At the hearing of any contest, the ballots may
be opened and a recount made, in the presence of the parties or their
representatives, of the votes cast for the various candidates for the contested
office.
(Added to NRS by 1960, 265)
NRS 293.425 Contest of general election for office of State Legislator:
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.
1. If the contest is of the general
election for the office of Assemblyman, Assemblywoman or Senator, a statement
of contest, prepared as provided in NRS 293.407,
and all depositions, ballots and other documents relating to the contest must
be filed with the Secretary of State within the time provided for the filing of
statements of contests with the clerk of the district court. The parties to
such a contest shall be designated contestant and defendant.
2. On or before December 15 of the year
immediately preceding a regular legislative session:
(a) The contestant in a contest of a general
election for the office of Assemblyman, Assemblywoman or Senator may amend the
statement of contest filed pursuant to this section by filing an amended
statement of contest and any relevant depositions, ballots and other documents
relating to the contest with the Secretary of State; and
(b) Each party in a contest of a general election
for the office of Assemblyman, Assemblywoman or Senator shall provide the
Secretary of State with a list of the witnesses the party intends to present at
the hearing of the contest.
3. Each party in a contest of a general
election for the office of Assemblyman, Assemblywoman or Senator may:
(a) Before the hearing of the contest:
(1) Take the deposition of any witness in
the manner prescribed by rule of court for taking depositions in civil actions
in the district courts; and
(2) Investigate issues relating to the
contest; and
(b) At the hearing of the contest, present any
relevant depositions and other evidence obtained as a result of such
investigation at the hearing of the contest, including, without limitation,
evidence obtained after the date for filing an amended statement of contest. If
a party obtains evidence after such date, the evidence may not be included in
the statement of contest or amended statement of contest.
(Added to NRS by 1960, 265; A 1967, 850; 1971, 450; 1977, 246; 1981, 1742; 1995, 1660; 2003, 1699)
NRS 293.427 Contest of general election for office of State Legislator:
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.
1. The Secretary of State shall deliver
the statement of contest filed pursuant to NRS 293.425
and all other documents, including any amendments to the statement, to the
presiding officer of the appropriate house of the Legislature on the day of the
organization of the Legislature.
2. Until the contest has been decided, the
candidate who received the highest number of votes for the office in the
contested election must be seated as a member of the appropriate house.
3. If, before the contest has been
decided, a contestant gives written notice to the Secretary of State that the
contestant wishes to withdraw his or her statement of contest, the Secretary of
State shall dismiss the contest.
4. The contest, if not dismissed, must be
heard and decided as prescribed by the standing or special rules of the house
in which the contest is to be tried. If after hearing the contest, the house
decides to declare the contestant elected, the Governor shall execute a
certificate of election and deliver it to the contestant. The certificate of
election issued to the other candidate is thereafter void.
5. In a contest of a general election for
the office of Assemblyman, Assemblywoman or Senator, the house in which a
contest was tried or was to be tried shall determine the remedy, if any, to be
awarded to a party to such a contest. The remedy may include, without
limitation, any costs incurred by a party in connection with the contest.
(Added to NRS by 1960, 265; A 1971, 450; 1981, 1742; 1995, 1661; 2003, 1700)
NRS 293.430 Contest of general election for office of Governor, Lieutenant
Governor, justice of Supreme Court or judge of Court of Appeals: Filing of
documents and other evidence with Secretary of State; seating of candidate;
duties of Secretary of State and Legislature; withdrawal of contest.
1. If the contest is of the general
election for the office of Governor, Lieutenant Governor, justice of the
Supreme Court or judge of the Court of Appeals, the statement of contest and
all depositions, ballots and other documents relating to the contest must be
filed with the Secretary of State within the time provided for filing
statements of contests with the clerk of the district court.
2. Until the contest is decided, the
candidate who received the highest number of votes for the office in the contested
election must be seated and commence the duties of the office.
3. The Secretary of State shall deliver
the statement of contest and all other papers and documents to the speaker of
the assembly on the day of the organization of the Legislature.
4. A joint session of both houses must be
convened as soon thereafter as the business of both houses permits, but not
later than 10 days after receipt of statement of contest.
5. If, before the contest has been
decided, a contestant gives written notice to the Secretary of State that the
contestant wishes to withdraw his or her statement of contest, the Secretary of
State shall dismiss the contest.
(Added to NRS by 1960, 265; A 1961, 293; 1967, 850; 1977, 247; 1981, 1742; 1995, 1661; 2013, 1779)
NRS 293.433 Decision of contest for office of Governor, Lieutenant Governor
or justice of Supreme Court by Senate and Assembly in joint session.
1. The Senate and Assembly meeting in
joint session shall proceed to decide the contest.
2. The Speaker of the Assembly shall
preside at such joint session, and the session shall be conducted under the
joint standing rules or joint special rules adopted for the occasion.
3. The contest shall be decided by a
majority vote of the elected membership of both houses not later than 30 days
after the contest hearing is begun.
(Added to NRS by 1960, 266)
NRS 293.435 Certificate of election delivered after decision.
1. After both houses sitting in joint session
have decided an election contest, the Secretary of State shall execute and
deliver a certificate of election to the person declared elected, unless such a
certificate was already issued to that person.
2. If a certificate of election to the
same office has been issued to any person other than the one declared to have
been elected, that certificate is void.
(Added to NRS by 1960, 266; A 1995, 1661)
ELECTION EXPENSES
NRS 293.437 Designation of polling places.
1. The county or city clerk may designate
any building, public or otherwise, or any portion of a building, as the site
for any polling place or any number of polling places for any of the precincts
or districts in the county or city.
2. If, in the opinion of the county or
city clerk, the convenience and comfort of the voters and election officers
will be best served by putting two or more polling places in any such building,
or if, in the opinion of the county or city clerk, the expense to the county or
city for polling places can be diminished by putting two or more polling places
in any such building, the county or city clerk may so provide.
3. In precincts where there are no public
buildings or other appropriate locations owned by the State, county, township,
city, town or precinct, privately owned locations may be rented at a rate not
to exceed $35 for each election if only one precinct is involved and at a rate
not to exceed $50 for each election if more than one precinct is involved.
(Added to NRS by 1960, 266; A 1961, 293; 1975, 941; 1981, 908; 1987, 352)
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.
1. Any person who desires a copy of any
list of the persons who are registered to vote in any precinct, district or
county may obtain a copy by applying at the office of the county clerk and
paying therefor a sum of money equal to 1 cent per name on the list, except
that one copy of each original and supplemental list for each precinct,
district or county must be provided both to the state central committee of any
major political party and to the county central committee of any major
political party, and to the executive committee of any minor political party
upon request, without charge. 2. Except as otherwise provided
in NRS 293.5002 and 293.558,
the copy of the list provided pursuant to this section must indicate the
address, date of birth, telephone number and the serial number on each
application to register to vote. If the county maintains this information in a
computer database, the date of the most recent addition or revision to an
entry, if made on or after July 1, 1989, must be included in the database and
on any resulting list of the information. The date must be expressed
numerically in the order of month, day and year.
3. A county may not pay more than 10 cents
per folio or more than $6 per thousand copies for printed lists for a precinct
or district.
4. A county which has a system of
computers capable of recording information on magnetic tape or diskette shall,
upon request of the state central committee or county central committee of any
major political party or the executive committee of any minor political party
which has filed a certificate of existence with the Secretary of State, record
for both the state central committee and the county central committee of the
major political party, if requested, and for the executive committee of the
minor political party, if requested, on magnetic tape or diskette supplied by
it:
(a) The list of persons who are registered to
vote and the information required in subsection 2; and
(b) Not more than four times per year, as requested
by the state or county central committee or the executive committee:
(1) A complete list of the persons who are
registered to vote with a notation for the most recent entry of the date on
which the entry or the latest change in the information was made; or
(2) A list that includes additions and
revisions made to the list of persons who are registered to vote after a date
specified by the state or county central committee or the executive committee.
5. If a political party does not provide
its own magnetic tape or diskette, or if a political party requests the list in
any other form that does not require printing, the county clerk may charge a
fee to cover the actual cost of providing the tape, diskette or list.
6. Any state or county central committee
of a major political party, any executive committee of a minor political party
or any member or representative of such a central committee or executive
committee who receives without charge a list of the persons who are registered
to vote in any precinct, district or county pursuant to this section shall not:
(a) Use the list for any purpose that is not
related to an election; or
(b) Sell the list for compensation or other
valuable consideration.
(Added to NRS by 1960, 266; A 1967, 844; 1973, 895;
1975, 942; 1985,
1806; 1989,
228; 1991,
1353; 1993,
2188; 1995,
2268, 2783;
2003, 1707;
2005, 2288;
2007, 2600)
NRS 293.442 Election Account: Creation; deposit of money in Account;
disposition of interest and income; authority of Secretary of State to
disburse, expend and receive money; payment of claims.
1. As used in this section, “Act” means
the Help America Vote Act of 2002, Public Law 107-252.
2. The Election Account is hereby created
in the State General Fund, to be administered by the Secretary of State. The
Secretary of State shall deposit all money received pursuant to the Act and any
state appropriation of matching money pursuant to the Act in the Election
Account.
3. The interest and income earned on money
in the Election Account must be credited to the Account. Any balance of the
money that was received pursuant to the Act remaining in the Election Account
at the end of a fiscal year does not revert and must be carried forward to the
next fiscal year and is continuously available to the Secretary of State for
expenditure consistent with this section.
4. The Secretary of State may:
(a) Only expend or disburse money in the Election
Account in accordance with the provisions of the Act.
(b) Receive and disburse money in the Election
Account by electronic transfer.
5. Claims against the Election Account
must be paid as other claims against the State are paid.
(Added to NRS by 2003, 353; A 2011, 444)
NRS 293.443 Election expenses.
1. Except as otherwise provided in
subsection 3, the expense of providing all ballots, forms and other supplies to
be used at any election regulated by this chapter or chapter 293C of NRS and all expenses
necessarily incurred in the preparation for, or the conduct of, any such
election is a charge upon the municipality, county, district or State, as the
case may be.
2. The county or city clerk may submit the
printing of ballots for competitive bidding.
3. If a political party or other entity
requests more than 50 applications to register to vote by mail in any 12-month
period, the clerk or the Secretary of State may assess a charge, not to exceed
the cost of printing the applications.
(Added to NRS by 1960, 266; A 1971, 446; 1987, 353; 1993, 2189; 1995, 1647; 1997, 3466; 2007, 2601; 2011, 2089)
NRS 293.445 Expenses for assistants to county or city clerk. The board of county commissioners of each
county or city council of each city shall provide the appropriate county or
city clerk with sufficient assistants to enable the county or city clerk to
perform properly the duties imposed upon him or her by this chapter. Such
expense is a charge upon the appropriate county or city.
(Added to NRS by 1960, 267; A 1987, 353)
NRS 293.446 Compensation of officer of election board for delivery of
election returns to county or city clerk.
1. The election board officer who delivers
the package containing the election returns must be paid the amount expended by
the officer in paying the postage on the package, and 15 cents per mile for
going to and 15 cents per mile for returning from the post office or the office
of the county or city clerk, in the same manner and out of the same fund as
other election expenses are paid.
2. No mileage may be paid unless the total
distance necessarily traveled in going and returning is greater than 2 miles.
(Added to NRS by 1963, 1382; A 1987, 353)
NRS 293.460 Compensation of officers of election board, deputy sheriffs and
other employees. The compensation
of voting board officers, counting board officers, specially appointed deputy
sheriffs, election board officers and other employees must be fixed by county
or city ordinance, resolution or order.
(Added to NRS by 1960, 267; A 1961, 294; 1963, 1375;
1969, 1540; 1971, 446; 1973, 895; 1987, 353)
MISCELLANEOUS PROVISIONS
NRS 293.462 Construction of containers used to transport official ballots.
1. Each container used to transport
official ballots pursuant to NRS 293.304, 293.325, 293B.330
and 293B.335 must:
(a) Be constructed of metal or any other rigid
material; and
(b) Contain a seal which is placed on the
container to ensure detection of any opening of the container.
2. The container and seal must be
separately numbered for identification.
(Added to NRS by 1995, 2772; A 2001, 2033; 2007, 2601)
NRS 293.463 Employees may absent themselves from employment to vote:
Procedure; penalty.
1. Any registered voter may be absent from
his or her place of employment at a time to be designated by the employer for a
sufficient time to vote, if it is impracticable for the voter to vote before or
after his or her hours of employment. A sufficient time to vote shall be
determined as follows:
(a) If the distance between the place of such
voter’s employment and the polling place where such person votes is 2 miles or
less, 1 hour.
(b) If the distance is more than 2 miles but not
more than 10 miles, 2 hours.
(c) If the distance is more than 10 miles, 3
hours.
2. Such voter may not, because of such
absence, be discharged, disciplined or penalized, nor shall any deduction be
made from his or her usual salary or wages by reason of such absence.
3. Application for leave of absence to
vote shall be made to the employer or person authorized to grant such leave
prior to the day of the election.
4. Any employer or person authorized to grant
the leave of absence provided for in subsection 1, who denies any registered
voter any right granted under this section, or who otherwise violates the
provisions of this section, is guilty of a misdemeanor.
(Added to NRS by 1960, 267)
NRS 293.464 Court-ordered extension of deadline for voting.
1. If a court of competent jurisdiction
orders a county to extend the deadline for voting beyond the statutory deadline
in a particular election, the county clerk shall, as soon as practicable after
receiving notice of the court’s decision:
(a) Cause notice of the extended deadline to be
published in a newspaper of general circulation in the county; and
(b) Transmit a notice of the extended deadline to
each registered voter who requested an absent voter’s ballot for the election
and has not returned the ballot before the date on which the notice will be
transmitted.
2. The notice required pursuant to
paragraph (a) of subsection 1 must be published:
(a) In a county whose population is 47,500 or
more, on at least 3 successive days.
(b) In a county whose population is less than
47,500, at least twice in successive issues of the newspaper.
(Added to NRS by 1993, 2172; A 2001, 1974; 2011, 1207)
NRS 293.465 Loss or destruction of ballots, or other cause preventing
election in precinct or district; new election. If
an election is prevented in any precinct or district by reason of the loss or
destruction of the ballots intended for that precinct, or any other cause, the
election officers for that precinct or district shall make an affidavit setting
forth that fact and transmit it to the appropriate board of county
commissioners. Upon receipt of the affidavit and upon the application of any
candidate for any office to be voted for by the registered voters of that
precinct or district, the board of county commissioners shall order a new
election in that precinct or district.
(Added to NRS by 1960, 268; A 1987, 353; 1999, 264)
NRS 293.468 Secretary of State to provide election materials in usable
format for persons who are elderly or disabled. Not
later than 5 working days after the request of a person who is elderly or disabled,
the Secretary of State shall provide to the person, in a format that can be
used by the person, any requested material that is:
1. Related to elections; and
2. Made available by the Secretary of
State to the public in printed form.
(Added to NRS by 2001, 1433)
NRS 293.4685 Certain additional duties of Secretary of State; county and city
clerks to provide information requested by Secretary of State.
1. The Secretary of State shall:
(a) Provide information regarding voter
registration and absentee voting by Armed Forces personnel and overseas voters;
(b) Within 90 days after the date of each general
election and general city election in which electors voted for federal offices,
submit to the Election Assistance Commission established pursuant to 42 U.S.C.
§ 15321 a report of the combined number of absentee ballots transmitted to
absent Armed Forces personnel and overseas voters for the election and the
combined number of such ballots that were returned by such voters and cast in
the election;
(c) Make each report submitted pursuant to
paragraph (b) available to the public; and
(d) Adopt any regulations which are necessary to
comply with the provisions of the Help America Vote Act of 2002, Public Law
107-252, and which are not inconsistent with the provisions of this chapter to
the extent the provisions of this chapter are consistent with the Help America
Vote Act of 2002, Public Law 107-252.
2. Each county and city clerk shall
provide such information as is requested by the Secretary of State to comply
with the provisions of this section.
(Added to NRS by 2003, 2173)
NRS 293.4687 Website maintained by Secretary of State for public information
relating to elections; requirements.
1. The Secretary of State shall maintain a
website on the Internet for public information maintained, collected or
compiled by the Secretary of State that relates to elections, which must
include, without limitation:
(a) The Voters’ Bill of Rights required to be
posted on the Secretary of State’s Internet website pursuant to the provisions
of NRS 293.2549;
(b) The abstract of votes required to be posted
on a website pursuant to the provisions of NRS 293.388;
(c) A current list of the registered voters in
this State that also indicates the petition district in which each registered
voter resides;
(d) A map or maps indicating the boundaries of
each petition district; and
(e) All reports submitted to the Secretary of
State pursuant to the provisions of chapter
294A of NRS.
2. The abstract of votes required to be
maintained on the website pursuant to paragraph (b) of subsection 1 must be
maintained in such a format as to permit the searching of the abstract of votes
for specific information.
3. If the information required to be
maintained by the Secretary of State pursuant to subsection 1 may be obtained
by the public from a website on the Internet maintained by a county clerk or
city clerk, the Secretary of State may provide a hyperlink to that website to
comply with the provisions of subsection 1 with regard to that information.
(Added to NRS by 2005, 2283; A 2007, 2526, 3368; 2009, 2591;
2011, 2090,
3284; 2013, 1330,
2377, 3834)
NRS 293.4689 Website maintained by county clerk for public information
relating to elections; requirements.
1. If a county clerk maintains a website
on the Internet for information related to elections, the website must contain
public information maintained, collected or compiled by the county clerk that
relates to elections, which must include, without limitation:
(a) The locations of polling places for casting a
ballot on election day in such a format that a registered voter may search the
list to determine the location of the polling place at which the registered
voter is required to cast a ballot; and
(b) The abstract of votes required pursuant to
the provisions of NRS 293.388.
2. The abstract of votes required to be
maintained on the website pursuant to paragraph (b) of subsection 1 must be
maintained in such a format as to permit the searching of the abstract of votes
for specific information.
3. If the information required to be
maintained by a county clerk pursuant to subsection 1 may be obtained by the
public from a website on the Internet maintained by the Secretary of State,
another county clerk or a city clerk, the county clerk may provide a hyperlink
to that website to comply with the provisions of subsection 1 with regard to
that information.
(Added to NRS by 2005, 2284)
NRS 293.469 County clerks encouraged to provide election information and
materials in usable format for persons who are elderly or disabled. Each county clerk is encouraged to:
1. Not later than the earlier date of the
notice provided pursuant to NRS 293.203 or the
first notice provided pursuant to subsection 4 of NRS
293.560, notify the public, through means designed to reach members of the
public who are elderly or disabled, of the provisions of NRS 293.2955, 293.296, 293.313, subsection 1 of NRS
293.315, NRS 293.316 and 293.3165.
2. Provide in alternative audio and visual
formats information concerning elections, information concerning how to
register to vote and information concerning the manner of voting for use by a person
who is elderly or disabled, including, without limitation, providing such
information through a telecommunications device that is accessible to a person
who is deaf.
3. Not later than 5 working days after
receiving the request of a person who is elderly or disabled, provide to the
person, in a format that can be used by the person, any requested material that
is:
(a) Related to elections; and
(b) Made available by the county clerk to the
public in printed form.
(Added to NRS by 2001, 1433; A 2003, 1652)
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.
1. Each county clerk shall collect the
following information regarding each primary and general election, on a form
provided by the Secretary of State and made available at each polling place in
the county, each polling place for early voting in the county, the office of
the county clerk and any other location deemed appropriate by the Secretary of
State:
(a) The number of ballots that have been
discarded or for any reason not included in the final canvass of votes, along
with an explanation for the exclusion of each such ballot from the final
canvass of votes.
(b) A report on each malfunction of any
mechanical voting system, including, without limitation:
(1) Any known reason for the malfunction;
(2) The length of time during which the
mechanical voting system could not be used;
(3) Any remedy for the malfunction which
was used at the time of the malfunction; and
(4) Any effect the malfunction had on the
election process.
(c) A list of each polling place not open during
the time prescribed pursuant to NRS 293.273 and an
account explaining why each such polling place was not open during the time
prescribed pursuant to NRS 293.273.
(d) A description of each challenge made to the
eligibility of a voter pursuant to NRS 293.303 and
the result of each such challenge.
(e) A description of each complaint regarding a
ballot cast by mail or facsimile filed with the county clerk and the
resolution, if any, of the complaint.
(f) The results of any audit of election
procedures and practices conducted pursuant to regulations adopted by the
Secretary of State pursuant to this chapter.
(g) The number of provisional ballots cast and
the reason for the casting of each provisional ballot.
2. Each county clerk shall submit to the
Secretary of State, on a form provided by the Secretary of State, the
information collected pursuant to subsection 1 not more than 60 days after each
primary and general election.
3. The Secretary of State may contact any
political party and request information to assist in the investigation of any
allegation of voter intimidation.
4. The Secretary of State shall establish
and maintain an Internet website pursuant to which the Secretary of State shall
solicit and collect voter comments regarding election processes.
5. The Secretary of State shall compile
the information and comments collected pursuant to this section into a report
and shall submit the report to the Director of the Legislative Counsel Bureau
for transmission to the Legislature not sooner than 30 days before and not
later than 30 days after the first day of each regular session of the
Legislature.
6. The Secretary of State may make the
report required pursuant to subsection 5 available on an Internet website
established and maintained by the Secretary of State.
(Added to NRS by 2007, 1984; A 2011, 2090)
NRS 293.471 Address of business that receives or distributes mail to be provided
to county clerk. Any person who
engages in the business of receiving and distributing mail for customers shall
provide the county clerk of the county in which the business is located with
the street address of the business.
(Added to NRS by 1993, 2173)
NRS 293.480 Limitation on inspection of ballots after return to county or
city clerk. Until the time for
contest of election has expired, the ballots returned to the county or city
clerk may not be inspected by any person, except in cases of recount or
election contest, and then only by the judge, special master, board or
legislative body before whom the election is being contested or who is
conducting the recount.
(Added to NRS by 1960, 270; A 1961, 294; 1971, 447; 1977, 247; 1987, 354)
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.
1. Except as otherwise provided in
subsection 3, every governing body of a political subdivision, public or
quasi-public corporation, or other local agency authorized by law to submit
questions to the qualified electors or registered voters of a designated
territory, when the governing body decides to submit a question:
(a) At a general election, shall provide to each
county clerk within the designated territory on or before the third Monday in
July preceding the election:
(1) A copy of the question, including an
explanation of the question; and
(2) A description of the anticipated
financial effect on the local government which, if the question is an advisory
question that proposes a bond, tax, fee or expense, must be prepared in
accordance with subsection 4 of NRS 295.230.
(b) At a primary election, shall provide to each
county clerk within the designated territory on or before the second Friday
after the first Monday in March preceding the election:
(1) A copy of the question, including an
explanation of the question; and
(2) A description of the anticipated
financial effect on the local government which, if the question is an advisory
question that proposes a bond, tax, fee or expense, must be prepared in
accordance with subsection 4 of NRS 295.230.
(c) At any election other than a primary or
general election at which the county clerk gives notice of the election or
otherwise performs duties in connection therewith other than the registration
of electors and the making of records of registered voters available for the
election, shall provide to each county clerk at least 60 days before the
election:
(1) A copy of the question, including an
explanation of the question; and
(2) A description of the anticipated
financial effect on the local government which, if the question is an advisory
question that proposes a bond, tax, fee or expense, must be prepared in
accordance with subsection 4 of NRS 295.230.
(d) At any city election at which the city clerk
gives notice of the election or otherwise performs duties in connection
therewith, shall provide to the city clerk at least 60 days before the
election:
(1) A copy of the question, including an
explanation of the question; and
(2) A description of the anticipated
financial effect on the local government which, if the question is an advisory
question that proposes a bond, tax, fee or expense, must be prepared in
accordance with subsection 4 of NRS 295.230.
2. An explanation of a question required
to be provided to a county clerk pursuant to subsection 1 must be written in
easily understood language and include a digest. The digest must include a
concise and clear summary of any existing laws directly related to the measure
proposed by the question and a summary of how the measure proposed by the
question adds to, changes or repeals such existing laws. For a measure that
creates, generates, increases or decreases any public revenue in any form, the
first paragraph of the digest must include a statement that the measure
creates, generates, increases or decreases, as applicable, public revenue.
3. A question may be submitted after the
dates specified in subsection 1 if the question is expressly privileged or
required to be submitted pursuant to the provisions of Article 19 of the Constitution of the
State of Nevada, or pursuant to the provisions of chapter
295 of NRS or any other statute except NRS
295.230, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes
the governing body to issue bonds upon the approval of the voters.
4. A question that is submitted pursuant
to subsection 1 may be withdrawn if the governing body provides notification to
each of the county or city clerks within the designated territory of its
decision to withdraw the particular question on or before the same dates
specified for submission pursuant to paragraph (a), (b), (c) or (d) of
subsection 1, as appropriate.
5. A county or city clerk:
(a) Shall assign a unique identification number
to a question submitted pursuant to this section; and
(b) May charge any political subdivision, public
or quasi-public corporation, or other local agency which submits a question a
reasonable fee sufficient to pay for the increased costs incurred in including
the question, explanation, arguments and description of the anticipated
financial effect on the ballot.
(Added to NRS by 1969, 895; A 1971, 91; 1983, 1119; 1987, 354, 695; 1989, 1730; 1993, 2189; 1997, 762, 2784; 1999, 2116; 2001, 603; 2003, 1653, 3193; 2007, 2527, 2601; 2009, 1269;
2013, 644)
NRS 293.4815 Transmission of question to be presented to voters to Secretary
of State. The county clerk, city
clerk or other person responsible for preparing the ballot shall transmit any
question that will be presented to the voters to the Secretary of State as soon
as practicable after determining that the question will be placed on the
ballot.
(Added to NRS by 1993, 2665)
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. [Replaced in revision by NRS 295.230.]
REGISTRATION OF VOTERS; REGISTRARS
NRS 293.485 Qualification of voter: Citizenship, age and residence.
1. Every citizen of the United States, 18
years of age or over, who has continuously resided in this State and in the county
30 days and in the precinct 10 days next preceding the day of the next
succeeding:
(a) Primary election;
(b) Primary city election;
(c) General election; or
(d) General city election,
Ê and who has
registered in the manner provided in this chapter, is entitled to vote at that
election.
2. This section does not exclude the
registration of eligible persons whose 18th birthday or the date of whose
completion of the required residence occurs on or before the next succeeding:
(a) Primary election;
(b) Primary city election;
(c) General election;
(d) General city election; or
(e) Any other election.
(Added to NRS by 1960, 271; A 1961, 295; 1967, 851;
1971, 1267; 1973, 27; 1987, 355; 1995, 2630)
NRS 293.486 Determination of address at which voter actually resides.
1. Except as otherwise provided in
subsection 2, for the purposes of registering to vote, the address at which the
voter actually resides is the street address assigned to the location at which
the voter actually resides.
2. For the purposes of registering to
vote, if the voter does not reside at a location that has been assigned a
street address, the address at which the voter actually resides is a
description of the location at which the voter actually resides. The
description must identify the location with sufficient specificity to allow the
county clerk to assign the location to a precinct.
3. The provisions of this section do not
authorize a person to register to vote if the person is not otherwise eligible
to register to vote.
(Added to NRS by 2001, 2946)
NRS 293.487 When residence not gained or lost. No
person may gain or lose residence by reason of his or her presence or absence
while:
1. Employed in the military, naval or
civil service of the United States or of the State of Nevada, or while engaged
in the navigation of the waters of the United States or of the high seas or
while married to another person who is so employed or engaged;
2. A student at any seminary or other
institution of learning; or
3. An inmate of any public institution.
(Added to NRS by 1960, 272; A 2011, 3285)
NRS 293.490 Residence not lost upon removal from county or precinct. Any registered voter removing from one county
to another in the State, or from one precinct to another within the same
county, after the close of registration for any election shall be deemed to
retain his or her residence in the county or precinct removed from for the
purposes of that election.
(Added to NRS by 1960, 272; A 1967, 851; 1977, 471)
NRS 293.493 Loss of residence upon removal to another state, territory or
foreign country. If a person
removes to another state, territory or foreign country, with the intention of
establishing his or her domicile there, the person thereby loses his or her
residence in this State.
(Added to NRS by 1960, 272)
NRS 293.495 Presumption of intention to abandon residence. If a person having a fixed and permanent home
in this State breaks up such home and removes to another state, territory or
foreign country, the intent to abandon his or her residence in this State shall
be presumed, and the burden shall be upon the person to prove the contrary. The
same rule shall apply when a person removes from one county to another within
the State, or from one precinct to another within the county.
(Added to NRS by 1960, 272)
NRS 293.497 Residence of head of family. If
a person has a family residing in one place and does business in another, the
former is the person’s residence, unless his or her family is located there
only temporarily, but if his or her family resides without the State and the
person is permanently residing within the State, with no intention of removing
therefrom, the person shall be deemed a resident for election purposes.
(Added to NRS by 1960, 272; A 1979, 338)
NRS 293.500 Loss of residence upon removal from State with intention to
remain elsewhere for indefinite time. Except
as otherwise provided in NRS 293.487, if a person
removes to another state, territory or foreign country, with the intention of
residing there for an indefinite time, the person thereby loses his or her
residence in this State for election purposes, notwithstanding that the person
may intend to return at some uncertain future date. A person’s occasional
return to the place of his or her former residence in this State, regardless of
the reason, is not sufficient to preserve his or her residence.
(Added to NRS by 1960, 272; A 1973, 870; 1989, 2168)
NRS 293.5002 Registration of person with fictitious address: Form of
application; maintenance of application by Secretary of State and county clerk.
1. The Secretary of State shall establish
procedures to allow a person for whom a fictitious address has been issued
pursuant to NRS 217.462 to 217.471, inclusive, to:
(a) Register to vote; and
(b) Vote by absent ballot,
Ê without
revealing the confidential address of the person.
2. In addition to establishing appropriate
procedures or developing forms pursuant to subsection 1, the Secretary of State
shall develop a form to allow a person for whom a fictitious address has been
issued to register to vote or to change the address of the person’s current
registration. The form must include:
(a) A section that contains the confidential
address of the person; and
(b) A section that contains the fictitious
address of the person.
3. Upon receiving a completed form from a
person for whom a fictitious address has been issued, the Secretary of State
shall:
(a) On the portion of the form that contains the
fictitious address of the person, indicate the county and precinct in which the
person will vote and forward this portion of the form to the appropriate county
clerk; and
(b) File the portion of the form that contains
the confidential address.
4. Notwithstanding any other provision of
law, any request received by the Secretary of State pursuant to subsection 3
shall be deemed a request for a permanent absent ballot.
5. Notwithstanding any other provision of
law:
(a) The Secretary of State and each county clerk
shall keep the portion of the form developed pursuant to subsection 2 that he
or she retains separate from other applications for registration.
(b) The county clerk shall not make the name,
confidential address or fictitious address of the person who has been issued a
fictitious address available for:
(1) Inspection or copying; or
(2) Inclusion in any list that is made
available for public inspection,
Ê unless
directed to do so by lawful order of a court of competent jurisdiction.
(Added to NRS by 1997, 1331; A 2001, 695)
NRS 293.502 Registration of certain persons recently discharged from Armed
Forces or separated from employment outside of the United States; registration
of spouses and dependents of such persons.
1. An elector:
(a) Who complies with the requirements for
registration set forth in the Uniformed and Overseas Citizens Absentee Voting
Act, 42 U.S.C. §§ 1973ff et seq.;
(b) Who, not more than 60 days before an
election:
(1) Is discharged from the Armed Forces of
the United States or is the spouse or dependent of an elector who is discharged
from the Armed Forces; or
(2) Is separated from employment outside
the territorial limits of the United States or is the spouse or dependent of an
elector who is separated from employment outside the territorial limits of the
United States;
(c) Who presents evidence of the discharge from
the Armed Forces or separation from employment described in paragraph (b) to
the county clerk; and
(d) Is not registered to vote at the close of
registration for that election,
Ê must be
allowed to register to vote in the election.
2. Such an elector must:
(a) Register in person; and
(b) Vote in the office of the county clerk unless
the elector is otherwise entitled to vote an absent ballot pursuant to federal
law.
3. The Secretary of State shall adopt
regulations to carry out a program of registration for such electors.
(Added to NRS by 1993, 2168; A 2009, 359)
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.
1. The county clerk of each county where a
registrar of voters has not been appointed pursuant to NRS 244.164:
(a) Is ex officio county registrar and registrar
for all precincts within the county.
(b) Shall have the custody of all books,
documents and papers pertaining to registration provided for in this chapter.
2. All books, documents and papers
pertaining to registration are official records of the office of the county
clerk.
3. The county clerk shall maintain records
of any program or activity that is conducted within the county to ensure the
accuracy and currency of the registrar of voters’ register for not less than 2
years after creation. The records must include the names and addresses of any
person to whom a notice is mailed pursuant to NRS
293.5235, 293.530, or 293.535
and whether the person responded to the notice.
4. Any program or activity that is
conducted within the county for the purpose of removing the name of each person
who is ineligible to vote in the county from the registrar of voters’ register
must be complete not later than 90 days before the next primary or general
election.
5. Except as otherwise provided by
subsection 6, all records maintained by the county clerk pursuant to subsection
3 must be available for public inspection.
6. Except as otherwise provided in NRS 239.0115, any information relating to
where a person registers to vote must remain confidential and is not available
for public inspection. Such information may only be used by an election officer
for purposes related to voter registration.
(Added to NRS by 1960, 272; A 1971, 447; 1995, 2269; 2007, 2087)
NRS 293.5035 Designation by county clerk of building owned or leased by
county as county facility at which electors may register to vote.
1. The county clerk may designate any
building owned or leased by the county, or any portion of such a building, as a
county facility at which electors may register to vote.
2. A county facility designated pursuant
to subsection 1 must be operated as an auxiliary county facility at which voter
registration is carried out in addition to being carried out at the office of
the county clerk.
3. If the county clerk designates a county
facility pursuant to subsection 1, the county clerk shall determine the hours
of operation for the facility and shall, in cooperation with the Secretary of
State, ensure that the facility is operated, staffed and equipped in compliance
with all applicable provisions of this title and all other applicable
provisions of state and federal law relating to the registration of electors in
this State.
(Added to NRS by 2005, 311)
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.
1. The following offices shall serve as
voter registration agencies:
(a) Such offices that provide public assistance
as are designated by the Secretary of State;
(b) Each office that receives money from the
State of Nevada to provide services to persons with disabilities in this State;
(c) The offices of the Department of Motor
Vehicles;
(d) The offices of the city and county clerks;
(e) Such other county and municipal facilities as
a county clerk or city clerk may designate pursuant to NRS
293.5035 or 293C.520, as
applicable;
(f) Recruitment offices of the United States
Armed Forces; and
(g) Such other offices as the Secretary of State
deems appropriate.
2. Each voter registration agency shall:
(a) Post in a conspicuous place, in at least
12-point type, instructions for registering to vote;
(b) Except as otherwise provided in subsection 3,
distribute applications to register to vote which may be returned by mail with
any application for services or assistance from the agency or submitted for any
other purpose and with each application for recertification, renewal or change
of address submitted to the agency that relates to such services, assistance or
other purpose;
(c) Provide the same amount of assistance to an
applicant in completing an application to register to vote as the agency
provides to a person completing any other forms for the agency; and
(d) Accept completed applications to register to
vote.
3. A voter registration agency is not
required to provide an application to register to vote pursuant to paragraph
(b) of subsection 2 to a person who applies for or receives services or
assistance from the agency or submits an application for any other purpose if
the person declines to register to vote and submits to the agency a written
form that meets the requirements of 42 U.S.C. § 1973gg-5(a)(6). No information
related to the declination to register to vote may be used for any purpose
other than voter registration.
4. Except as otherwise provided in this
subsection and NRS 293.524, any application to
register to vote accepted by a voter registration agency must be transmitted to
the county clerk not later than 10 days after the application is accepted. The
applications must be forwarded daily during the 2 weeks immediately preceding the
fifth Sunday preceding an election. The county clerk shall accept any
application to register to vote which is obtained from a voter registration
agency pursuant to this section and completed by the fifth Sunday preceding an
election if the county clerk receives the application not later than 5 days
after that date.
5. The Secretary of State shall cooperate
with the Secretary of Defense to develop and carry out procedures to enable
persons in this State to apply to register to vote at recruitment offices of
the United States Armed Forces.
(Added to NRS by 1995, 2256; A 1999, 3592; 2001, 1435, 2595; 2003, 1718, 2177; 2005, 311; 2011, 2091)
NRS 293.5045 Voter registration agencies: Prohibited acts; penalties.
1. A person who works in a voter
registration agency shall not:
(a) Seek to influence an applicant’s political
preference or party registration;
(b) Display a political preference or party
allegiance in a place where it can be seen by an applicant;
(c) Make any statement or take any action to
discourage an applicant from registering to vote; or
(d) Make any statement or take any action which
would lead the applicant to believe that a decision to register to vote has any
effect on the availability of any services or benefits provided by the State or
Federal Government.
2. A person who violates any of the
provisions of subsection 1 is guilty of a category E felony and shall be
punished as provided in NRS 193.130.
3. A voter registration agency shall not
knowingly employ a person whose duties will include the registration of voters
if the person has been convicted of a felony involving theft or fraud. The
Secretary of State may bring an action against a voter registration agency to
collect a civil penalty of not more than $5,000 for each person who is employed
by the voter registration agency in violation of this subsection. Any civil
penalty collected pursuant to this subsection must be deposited with the State
Treasurer for credit to the State General Fund.
(Added to NRS by 1995, 2256; A 1997, 231, 608; 2011, 2092)
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.
1. All justices of the peace, except those
located in county seats, are ex officio field registrars to carry out the
provisions of this chapter.
2. The county clerk shall appoint at least
one registered voter to serve as a field registrar of voters who, except as
otherwise provided in NRS 293.5055, shall register
voters within the county for which the field registrar is appointed. Except as
otherwise provided in subsection 1, a candidate for any office may not be
appointed or serve as a field registrar. A field registrar serves at the
pleasure of the county clerk and shall perform such duties as the county clerk
may direct. The county clerk shall not knowingly appoint any person as a field
registrar who has been convicted of a felony involving theft or fraud. The
Secretary of State may bring an action against a county clerk to collect a
civil penalty of not more than $5,000 for each person who is appointed as a
field registrar in violation of this subsection. Any civil penalty collected
pursuant to this subsection must be deposited with the State Treasurer for
credit to the State General Fund.
3. A field registrar shall demand of any
person who applies for registration all information required by the application
to register to vote and shall administer all oaths required by this chapter.
4. When a field registrar has in his or
her possession five or more completed applications to register to vote, the
field registrar shall forward them to the county clerk, but in no case may the
field registrar hold any number of them for more than 10 days.
5. Each field registrar shall forward to
the county clerk all completed applications in his or her possession
immediately after the fifth Sunday preceding an election. Within 5 days after
the fifth Sunday preceding any general election or general city election, a
field registrar shall return all unused applications in his or her possession
to the county clerk. If all of the unused applications are not returned to the
county clerk, the field registrar shall account for the unreturned applications.
6. Each field registrar shall submit to
the county clerk a list of the serial numbers of the completed applications to
register to vote and the names of the electors on those applications. The
serial numbers must be listed in numerical order.
7. Each field registrar shall post notices
sent to him or her by the county clerk for posting in accordance with the
election laws of this State.
8. A field registrar, employee of a voter
registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:
(a) Delegate any of his or her duties to another
person; or
(b) Refuse to register a person on account of
that person’s political party affiliation.
9. A person shall not hold himself or
herself out to be or attempt to exercise the duties of a field registrar unless
the person has been so appointed.
10. A county clerk, field registrar,
employee of a voter registration agency or person assisting a voter pursuant to
subsection 13 of NRS 293.5235 shall not:
(a) Solicit a vote for or against a particular
question or candidate;
(b) Speak to a voter on the subject of marking
his or her ballot for or against a particular question or candidate; or
(c) Distribute any petition or other material
concerning a candidate or question which will be on the ballot for the ensuing
election,
Ê while
registering an elector.
11. When the county clerk receives
applications to register to vote from a field registrar, the county clerk shall
issue a receipt to the field registrar. The receipt must include:
(a) The number of persons registered; and
(b) The political party of the persons
registered.
12. A county clerk, field registrar,
employee of a voter registration agency or person assisting a voter pursuant to
subsection 13 of NRS 293.5235 shall not:
(a) Knowingly register a person who is not a
qualified elector or a person who has filed a false or misleading application
to register to vote; or
(b) Register a person who fails to provide
satisfactory proof of identification and the address at which the person
actually resides.
13. A county clerk, field registrar,
employee of a voter registration agency, person assisting a voter pursuant to
subsection 13 of NRS 293.5235 or any other person
providing a form for the application to register to vote to an elector for the
purpose of registering to vote:
(a) If the person who assists an elector with completing
the form for the application to register to vote retains the form, shall enter
his or her name on the duplicate copy or receipt retained by the voter upon
completion of the form; and
(b) Shall not alter, deface or destroy an
application to register to vote that has been signed by an elector except to
correct information contained in the application after receiving notice from
the elector that a change in or addition to the information is required.
14. If a field registrar violates any of
the provisions of this section, the county clerk shall immediately suspend the
field registrar and notify the district attorney of the county in which the
violation occurred.
15. A person who violates any of the
provisions of subsection 8, 9, 10, 12 or 13 is guilty of a category E felony
and shall be punished as provided in NRS
193.130.
(Added to NRS by 1960, 272; A 1975, 942; 1981, 1701; 1985, 561; 1987, 355, 696, 1372, 1617; 1991, 2222; 1993, 2190; 1995, 680, 1266, 2269; 1997, 232, 608, 762, 774; 2003, 1719, 2178; 2005, 1435; 2011, 2093)
NRS 293.5055 Registration of voter outside boundaries of county. A county clerk or field registrar may
register, outside the boundaries of the county, any voter who is a resident of
that county.
(Added to NRS by 1987, 1617; A 1993, 2191)
NRS 293.5057 Registration of nonresident to vote for office of President and
Vice President. A person who does
not maintain a residence in this State may register to vote for the office of
President and Vice President of the United States if the person files a sworn
statement with the county clerk or field registrar of voters that the person is
not registered to vote in any other state and provides evidence:
1. Of his or her domicile in this State in
accordance with the provisions of NRS
41.191;
2. That he or she maintains an account at
a financial institution located in this State; or
3. That his or her motor vehicle is
registered in this State.
(Added to NRS by 1993, 2169; A 1995, 680)
NRS 293.506 County clerk authorized to establish system for registration of
voters by computer; requirements.
1. A county clerk may, with approval of
the board of county commissioners, establish a system for using a computer to
register voters and to keep records of registration.
2. A system established pursuant to
subsection 1 must comply with any procedures and requirements prescribed by the
Secretary of State pursuant to NRS 293.250.
(Added to NRS by 1985, 558; A 2011, 2094)
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.
1. The Secretary of State shall prescribe:
(a) A standard form for applications to register
to vote;
(b) A special form for registration to be used in
a county where registrations are performed and records of registration are kept
by computer; and
(c) A standard form for the affidavit described
in subsection 5.
2. The county clerks shall provide forms
for applications to register to vote to field registrars in the form and number
prescribed by the Secretary of State.
3. Each form for an application to
register to vote must include a:
(a) Unique control number assigned by the
Secretary of State; and
(b) Receipt which:
(1) Includes a space for a person
assisting an applicant in completing the form to enter the person’s name; and
(2) May be retained by the applicant upon
completion of the form.
4. The form for an application to register
to vote must include:
(a) A line for use by the applicant to enter:
(1) The number indicated on the
applicant’s current and valid driver’s license issued by the Department of
Motor Vehicles, if the applicant has such a driver’s license;
(2) The last four digits of the
applicant’s social security number, if the applicant does not have a driver’s
license issued by the Department of Motor Vehicles and does have a social
security number; or
(3) The number issued to the applicant
pursuant to subsection 5, if the applicant does not have a current and valid
driver’s license issued by the Department of Motor Vehicles or a social
security number.
(b) A line on which to enter the address at which
the applicant actually resides, as set forth in NRS
293.486.
(c) A notice that the applicant may not list a
business as the address required pursuant to paragraph (b) unless the applicant
actually resides there.
(d) A line on which to enter an address at which
the applicant may receive mail, including, without limitation, a post office
box or general delivery.
5. If an applicant does not have the
identification set forth in subparagraph (1) or (2) of paragraph (a) of
subsection 4, the applicant shall sign an affidavit stating that he or she does
not have a current and valid driver’s license issued by the Department of Motor
Vehicles or a social security number. Upon receipt of the affidavit, the county
clerk shall issue an identification number to the applicant which must be the
same number as the unique identifier assigned to the applicant for purposes of
the statewide voter registration list.
6. The Secretary of State shall adopt
regulations to carry out the provisions of subsections 3, 4 and 5.
(Added to NRS by 1960, 273; A 1975, 942; 1985, 561; 1993, 2191; 1995, 2271; 1999, 947; 2001, 2596, 2952; 2003, 2179; 2005, 1437; 2007, 2602)
NRS 293.508 Forms for application to register to vote must include option to
receive sample ballot in larger type. The
Secretary of State shall include on all forms for an application to register to
vote prescribed by the Secretary of State the following option, printed in a
separate box created by bold lines, in at least 14-point bold type:
[ ] CHECK
THIS BOX TO RECEIVE A SAMPLE BALLOT IN LARGER TYPE
(Added to NRS by 2001, 2001)
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.
1. A county clerk may provide the form for
the application to register to vote prescribed by the Secretary of State
pursuant to NRS 293.507 to a candidate, major
political party, minor political party or any other person submitting a request
pursuant to subsection 2.
2. A candidate, major political party,
minor political party or other person shall:
(a) Submit a request for forms for the
application to register to vote to the county clerk in person, by telephone, in
writing or by facsimile machine; and
(b) State the number of forms for the application
to register to vote that the candidate, major political party, minor political
party or other person is requesting.
3. The county clerk may record the control
numbers assigned to the forms by the Secretary of State pursuant to NRS 293.507 of the forms he or she provided in
response to the request. The county clerk shall maintain a request for multiple
applications with the county clerk’s records.
(Added to NRS by 2005, 1431)
NRS 293.510 Election board register; registrar of voters’ register.
1. In counties where computers are not
used to register voters, the county clerk shall:
(a) Segregate original applications to register
to vote according to the precinct in which the registered voters reside and
arrange the applications in each precinct or district in alphabetical order.
The applications for each precinct or district must be kept in a separate
binder which is marked with the number of the precinct or district. This binder
constitutes the election board register.
(b) Arrange the duplicate applications of
registration in alphabetical order for the entire county and keep them in
binders or a suitable file which constitutes the registrar of voters’ register.
2. In any county where a computer is used
to register voters, the county clerk shall:
(a) Arrange the original applications to register
to vote for the entire county in a manner in which an original application may
be quickly located. These original applications constitute the registrar of
voters’ register.
(b) Segregate the applications to register to
vote in a computer file according to the precinct or district in which the
registered voters reside, and for each precinct or district have printed a
computer listing which contains the applications to register to vote in
alphabetical order. These listings of applications to register to vote must be
placed in separate binders which are marked with the number of the precinct or
district. These binders constitute the election board registers.
(Added to NRS by 1960, 273; A 1985, 562; 1995, 2271; 2001, 2953)
NRS 293.511 Register kept by computer to include all information in original
applications to register to vote. If
a registrar of voters’ register or an election board register is kept by
computer, the register must include all the information contained in the
original applications to register to vote.
(Added to NRS by 1993, 2169; A 1995, 2263; 2001, 2948)—(Substituted
in revision for NRS 293.251)
NRS 293.513 Elector may register for other elections despite closing of
registration for impending election. If
at any time the registrar of voters’ register is closed for one election, but
open for some other election, any elector must be permitted to register for the
other election, but the county clerk shall retain the elector’s application to
register to vote in a separate file until the registrar of voters’ register is
again open for filing of applications at which time all applications in the
temporary file must be placed in their proper position in the registrar of
voters’ register.
(Added to NRS by 1960, 273; A 1973, 350; 1995, 2272)
NRS 293.517 Authorized methods of registration of elector; requirements for
application; change of name; issuance of voter registration card; objection to
application to register to vote by county clerk under certain circumstances.
1. Any elector residing within the county
may register to vote:
(a) Except as otherwise provided in NRS 293.560 and 293C.527,
by appearing before the county clerk, a field registrar or a voter registration
agency, completing the application to register to vote, giving true and
satisfactory answers to all questions relevant to his or her identity and right
to vote, and providing proof of residence and identity;
(b) By completing and mailing or personally
delivering to the county clerk an application to register to vote pursuant to
the provisions of NRS 293.5235;
(c) Pursuant to the provisions of NRS 293.524 or chapter
293D of NRS;
(d) At his or her residence with the assistance
of a field registrar pursuant to NRS 293.5237; or
(e) By submitting an application to register to
vote by computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.
Ê The county
clerk shall require a person to submit official identification as proof of
residence and identity, such as a driver’s license or other official document,
before registering the person. If the applicant registers to vote pursuant to
this subsection and fails to provide proof of residence and identity, the
applicant must provide proof of residence and identity before casting a ballot
in person or by mail or after casting a provisional ballot pursuant to NRS 293.3081 or 293.3083.
For the purposes of this subsection, a voter registration card issued pursuant
to subsection 6 does not provide proof of the residence or identity of a
person.
2. The application to register to vote
must be signed and verified under penalty of perjury by the elector
registering.
3. Each elector who is or has been married
must be registered under his or her own given or first name, and not under the
given or first name or initials of his or her spouse.
4. An elector who is registered and
changes his or her name must complete a new application to register to vote.
The elector may obtain a new application:
(a) At the office of the county clerk or field
registrar;
(b) By submitting an application to register to
vote pursuant to the provisions of NRS 293.5235;
(c) By submitting a written statement to the
county clerk requesting the county clerk to mail an application to register to
vote;
(d) At any voter registration agency; or
(e) By submitting an application to register to
vote by computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.
Ê If the
elector fails to register under his or her new name, the elector may be
challenged pursuant to the provisions of NRS 293.303
or 293C.292 and may be required to
furnish proof of identity and subsequent change of name.
5. Except as otherwise provided in
subsection 7, an elector who registers to vote pursuant to paragraph (a) of
subsection 1 shall be deemed to be registered upon the completion of an
application to register to vote.
6. After the county clerk determines that
the application to register to vote of a person is complete and that, except as
otherwise provided in NRS 293D.210,
the person is eligible to vote pursuant to NRS 293.485,
the county clerk shall issue a voter registration card to the voter which
contains:
(a) The name, address, political affiliation and
precinct number of the voter;
(b) The date of issuance; and
(c) The signature of the county clerk.
7. If an elector submits an application to
register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions,
erasures or interlineations, the county clerk may object to the application to
register to vote if the county clerk believes that because of such handwritten
additions, erasures or interlineations, the application to register to vote of
the elector is incomplete or that, except as otherwise provided in NRS 293D.210, the elector is not
eligible to vote pursuant to NRS 293.485. If the
county clerk objects pursuant to this subsection, he or she shall immediately
notify the elector and the district attorney of the county. Not later than 5
business days after the district attorney receives such notification, the
district attorney shall advise the county clerk as to whether:
(a) The application to register to vote of the
elector is complete and, except as otherwise provided in NRS 293D.210, the elector is eligible to
vote pursuant to NRS 293.485; and
(b) The county clerk should proceed to process the
application to register to vote.
Ê If the
District Attorney advises the county clerk to process the application to
register to vote, the county clerk shall immediately issue a voter registration
card to the applicant pursuant to subsection 6.
(Added to NRS by 1960, 274; A 1983, 1289; 1985, 562; 1989, 2168; 1991, 1684; 1993, 2192; 1995, 2272; 1997, 764, 3466; 2003, 1720, 2180; 2007, 1163, 2603; 2011, 1925,
2094)
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.
1. At the time an elector registers to
vote the elector must indicate:
(a) A political party affiliation; or
(b) That he or she is not affiliated with a
political party.
Ê An elector
who indicates that he or she is “independent” shall be deemed not affiliated
with a political party.
2. If an elector indicates that he or she
is not affiliated with a political party, or is independent, the county clerk
or field registrar of voters shall list the elector’s political party as nonpartisan.
3. If an elector indicates an affiliation
with a major political party or a minor political party that has filed a
certificate of existence with the Secretary of State, the county clerk or field
registrar of voters shall list the elector’s political party as indicated by
the elector.
4. If an elector indicates an affiliation
with a minor political party that has not filed a certificate of existence with
the Secretary of State, the county clerk or field registrar of voters shall:
(a) List the elector’s political party as the
party indicated in the application to register to vote.
(b) When compiling data related to voter
registration for the county, report the elector’s political party as “other
party.”
5. If an elector does not make any of the
indications described in subsection 1, the county clerk or field registrar of
voters shall:
(a) List the elector’s political party as
nonpartisan; and
(b) Mail to the elector a notice setting forth
that the elector has been registered to vote as a nonpartisan because the
elector did not make any of the indications described in subsection 1.
(Added to NRS by 1993, 2167; A 1995, 680, 2273, 2784; 2003, 1654)
NRS 293.520 Registration or reregistration of elector who is unable to sign
name. Except as otherwise provided
in this section, the registration or reregistration of electors who are unable
to sign their names must be made upon personal application of those electors at
the office of the county clerk where they may be identified or in the presence
of a field registrar. If such an elector is unable to appear in person at the
office of the county clerk, the county clerk shall send a field registrar or an
employee of the office of the county clerk to the elector to identify the
elector and register or reregister the elector as appropriate. The electors
described in this section may use a mark or cross in place of a signature.
(Added to NRS by 1960, 274; A 1991, 2223; 1993, 2193; 2001, 1435)
NRS 293.523 Registration of naturalized citizen. A
naturalized citizen need not produce his or her certificate of naturalization
in order to qualify to be registered.
(Added to NRS by 1960, 274; A 1973, 896; 1975, 943)
NRS 293.5235 Registration of voters by mail or computer; penalty;
regulations.
1. Except as otherwise provided in NRS 293.502 and chapter
293D of NRS, a person may register to vote by mailing an application to
register to vote to the county clerk of the county in which the person resides
or may register to vote by computer, if the county clerk has established a
system pursuant to NRS 293.506 for using a computer
to register to vote. The county clerk shall, upon request, mail an application
to register to vote to an applicant. The county clerk shall make the
applications available at various public places in the county. An application
to register to vote may be used to correct information in the registrar of
voters’ register.
2. An application to register to vote
which is mailed to an applicant by the county clerk or made available to the
public at various locations or voter registration agencies in the county may be
returned to the county clerk by mail or in person. For the purposes of this
section, an application which is personally delivered to the county clerk shall
be deemed to have been returned by mail.
3. The applicant must complete the
application, including, without limitation, checking the boxes described in
paragraphs (b) and (c) of subsection 10 and signing the application.
4. The county clerk shall, upon receipt of
an application, determine whether the application is complete.
5. If the county clerk determines that the
application is complete, he or she shall, within 10 days after receiving the
application, mail to the applicant:
(a) A notice that the applicant is registered to
vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) A notice that the registrar of voters’
register has been corrected to reflect any changes indicated on the
application.
6. Except as otherwise provided in
subsection 5 of NRS 293.518, if the county clerk
determines that the application is not complete, the county clerk shall, as
soon as possible, mail a notice to the applicant that additional information is
required to complete the application. If the applicant provides the information
requested by the county clerk within 15 days after the county clerk mails the
notice, the county clerk shall, within 10 days after receiving the information,
mail to the applicant:
(a) A notice that the applicant is registered to
vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) A notice that the registrar of voters’
register has been corrected to reflect any changes indicated on the
application.
Ê If the
applicant does not provide the additional information within the prescribed
period, the application is void.
7. The applicant shall be deemed to be
registered or to have corrected the information in the register on the date the
application is postmarked or received by the county clerk, whichever is
earlier.
8. If the applicant fails to check the box
described in paragraph (b) of subsection 10, the application shall not be
considered invalid and the county clerk shall provide a means for the applicant
to correct the omission at the time the applicant appears to vote in person at
the assigned polling place.
9. The Secretary of State shall prescribe
the form for an application to register to vote by:
(a) Mail, which must be used to register to vote
by mail in this State.
(b) Computer, which must be used to register to
vote in a county if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register to vote.
10. The application to register to vote by
mail must include:
(a) A notice in at least 10-point type which
states:
NOTICE: You are urged to
return your application to register to vote to the County Clerk in person or by
mail. If you choose to give your completed application to another person to
return to the County Clerk on your behalf, and the person fails to deliver the
application to the County Clerk, you will not be registered to vote. Please
retain the duplicate copy or receipt from your application to register to vote.
(b) The question, “Are you a citizen of the
United States?” and boxes for the applicant to check to indicate whether or not
the applicant is a citizen of the United States.
(c) The question, “Will you be at least 18 years
of age on or before election day?” and boxes for the applicant to check to
indicate whether or not the applicant will be at least 18 years of age or older
on election day.
(d) A statement instructing the applicant not to
complete the application if the applicant checked “no” in response to the
question set forth in paragraph (b) or (c).
(e) A statement informing the applicant that if
the application is submitted by mail and the applicant is registering to vote
for the first time, the applicant must submit the information set forth in
paragraph (a) of subsection 2 of NRS 293.2725 to
avoid the requirements of subsection 1 of NRS 293.2725
upon voting for the first time.
11. Except as otherwise provided in
subsection 5 of NRS 293.518, the county clerk shall
not register a person to vote pursuant to this section unless that person has
provided all of the information required by the application.
12. The county clerk shall mail, by
postcard, the notices required pursuant to subsections 5 and 6. If the postcard
is returned to the county clerk by the United States Postal Service because the
address is fictitious or the person does not live at that address, the county
clerk shall attempt to determine whether the person’s current residence is
other than that indicated on the application to register to vote in the manner
set forth in NRS 293.530.
13. A person who, by mail, registers to
vote pursuant to this section may be assisted in completing the application to
register to vote by any other person. The application must include the mailing
address and signature of the person who assisted the applicant. The failure to
provide the information required by this subsection will not result in the
application being deemed incomplete.
14. An application to register to vote
must be made available to all persons, regardless of political party
affiliation.
15. An application must not be altered or
otherwise defaced after the applicant has completed and signed it. An
application must be mailed or delivered in person to the office of the county
clerk within 10 days after it is completed.
16. A person who willfully violates any of
the provisions of subsection 13, 14 or 15 is guilty of a category E felony and
shall be punished as provided in NRS
193.130.
17. The Secretary of State shall adopt
regulations to carry out the provisions of this section.
(Added to NRS by 1991, 1680; A 1993, 2193; 1995, 1267, 2273, 2763; 1997, 233, 664, 666, 2784, 2793; 2001, 2953; 2003, 1654, 2181; 2005, 2829; 2009, 1270;
2011, 1926,
2096)
NRS 293.5237 Registration of person at home by field registrar. Any time before the fifth Sunday preceding an
election, a person who because of illness, disability or for other good cause
shown requires assistance to complete an application to register to vote may
request the county clerk in writing or by telephone to register the person at
the person’s residence. Upon request, the county clerk shall direct the
appropriate field registrar to go to the home of such a person to register the
person to vote.
(Added to NRS by 1993, 2173; A 2003, 1721, 2183)
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
of Motor Vehicles to correct information in registrar of voters’ register;
regulations.
1. The Department of Motor Vehicles shall
provide an application to register to vote to each person who applies for the
issuance or renewal of any type of driver’s license or identification card
issued by the Department.
2. The county clerk shall use the
applications to register to vote which are signed and completed pursuant to
subsection 1 to register applicants to vote or to correct information in the
registrar of voters’ register. An application that is not signed must not be
used to register or correct the registration of the applicant.
3. For the purposes of this section, each
employee specifically authorized to do so by the Director of the Department may
oversee the completion of an application. The authorized employee shall check
the application for completeness and verify the information required by the
application. Each application must include a duplicate copy or receipt to be
retained by the applicant upon completion of the form. The Department shall,
except as otherwise provided in this subsection, forward each application on a
weekly basis to the county clerk or, if applicable, to the registrar of voters
of the county in which the applicant resides. The applications must be
forwarded daily during the 2 weeks immediately preceding the fifth Sunday
preceding an election.
4. The county clerk shall accept any
application to register to vote which is obtained from the Department of Motor
Vehicles pursuant to this section and completed by the fifth Sunday preceding
an election if the county clerk receives the application not later than 5 days
after that date. Upon receipt of an application, the county clerk or field
registrar of voters shall determine whether the application is complete. If the
county clerk or field registrar of voters determines that the application is
complete, he or she shall notify the applicant and the applicant shall be
deemed to be registered as of the date of the submission of the application. If
the county clerk or field registrar of voters determines that the application
is not complete, he or she shall notify the applicant of the additional
information required. The applicant shall be deemed to be registered as of the
date of the initial submission of the application if the additional information
is provided within 15 days after the notice for the additional information is
mailed. If the applicant has not provided the additional information within 15
days after the notice for the additional information is mailed, the incomplete
application is void. Any notification required by this subsection must be given
by mail at the mailing address on the application not more than 7 working days
after the determination is made concerning whether the application is complete.
5. The county clerk shall use any form
submitted to the Department to correct information on a driver’s license or
identification card to correct information in the registrar of voters’
register, unless the person indicates on the form that the correction is not to
be used for the purposes of voter registration. The Department shall forward
each such form to the county clerk or, if applicable, to the registrar of
voters of the county in which the person resides in the same manner provided by
subsection 3 for applications to register to vote.
6. Upon receipt of a form to correct
information, the county clerk shall compare the information to that contained
in the registrar of voters’ register. If the person is a registered voter, the
county clerk shall correct the information to reflect any changes indicated on
the form. After making any changes, the county clerk shall notify the person by
mail that the records have been corrected.
7. The Secretary of State shall, with the
approval of the Director, adopt regulations to:
(a) Establish any procedure necessary to provide
an elector who applies to register to vote pursuant to this section the
opportunity to do so;
(b) Prescribe the contents of any forms or
applications which the Department is required to distribute pursuant to this
section; and
(c) Provide for the transfer of the completed
applications of registration from the Department to the appropriate county
clerk for inclusion in the election board registers and registrar of voters’
register.
(Added to NRS by 1987, 2143; A 1989, 1874; 1991, 1684, 2223; 1993, 2194; 1995, 680, 2275; 2001, 2597, 2955; 2003, 1245, 1721, 2183)
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.
1. Any elector who is presently registered
and has changed residence after the last preceding general election and who
fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530 or 293.535 who moved:
(a) From one precinct to another or from one
congressional district to another within the same county must be allowed to
vote in the precinct where the elector previously resided after providing an
oral or written affirmation before an election board officer attesting to his
or her new address.
(b) Within the same precinct must be allowed to
vote after providing an oral or written affirmation before an election board
officer attesting to his or her new address.
2. If an elector alleges that the records
in the registrar of voters’ register or the election board register incorrectly
indicate that the elector has changed residence, the elector must be permitted
to vote after providing an oral or written affirmation before an election board
officer attesting that he or she continues to reside at the same address.
3. If an elector refuses to provide an
oral or written affirmation attesting to his or her address as required by this
section, the elector may only vote at the special polling place in the county
in the manner set forth in NRS 293.304.
4. The county clerk shall use any
information regarding the current address of an elector obtained pursuant to
this section to correct information in the registrar of voters’ register and
the election board register.
(Added to NRS by 1960, 274; A 1961, 295; 1967, 851; 1979, 177; 1989, 2168; 1991, 1686, 2224; 1995, 2277; 1999, 2160)
NRS 293.527 Notice of cancellation of registration when elector moves to
another county. When an elector
moves to another county and registers to vote therein, the county clerk of the
county where the elector has moved shall send a cancellation notice to the
clerk of the county in which the elector previously resided. The county clerk
receiving such a notice shall cancel the registration of the elector and place
it in a cancelled file.
(Added to NRS by 1960, 274; A 1995, 2277)
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. Except as otherwise provided in NRS 293.541:
1. County clerks may use any reliable and
reasonable means available to correct the portions of the statewide voter
registration list which are relevant to the county clerks and to determine
whether a registered voter’s current residence is other than that indicated on
the voter’s application to register to vote.
2. A county clerk may, with the consent of
the board of county commissioners, make investigations of registration in the
county by census, by house-to-house canvass or by any other method.
3. A county clerk shall cancel the
registration of a voter pursuant to this section if:
(a) The county clerk mails a written notice to
the voter which the United States Postal Service is required to forward;
(b) The county clerk mails a return postcard with
the notice which has a place for the voter to write his or her new address, is
addressed to the county clerk and has postage guaranteed;
(c) The voter does not respond; and
(d) The voter does not appear to vote in an
election before the polls have closed in the second general election following
the date of the notice.
4. For the purposes of this section, the
date of the notice is deemed to be 3 days after it is mailed.
5. The county clerk shall maintain records
of:
(a) Any notice mailed pursuant to subsection 3;
(b) Any response to such notice; and
(c) Whether a person to whom a notice is mailed
appears to vote in an election,
Ê for not less
than 2 years after creation.
6. The county clerk shall use any
postcards which are returned to correct the portions of the statewide voter
registration list which are relevant to the county clerk.
7. If a voter fails to return the postcard
mailed pursuant to subsection 3 within 30 days, the county clerk shall designate
the voter as inactive on the voter’s application to register to vote.
8. The Secretary of State shall adopt
regulations to prescribe the method for maintaining a list of voters who have
been designated as inactive pursuant to subsection 7.
(Added to NRS by 1960, 274; A 1979, 1394; 1987, 1590; 1989, 2169; 1995, 2277; 2003, 2184)
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. In addition to the
methods described in NRS 293.530, the county clerk
in each county may enter into an agreement with the United States Postal
Service or any person authorized by it to obtain the data compiled by the
United States Postal Service concerning changes of addresses of its postal
patrons for use by the county clerk to correct the portions of the statewide
voter registration list relevant to the county clerk.
(Added to NRS by 1995, 2257; A 2003, 2185)
NRS 293.5307 Data concerning change of address of registered voter:
Identification of registered voter who has moved; notices to registered voter. If a county clerk enters into an agreement
pursuant to NRS 293.5303, the county clerk shall
review each notice of a change of address filed with the United States Postal
Service by a resident of the county and identify each resident who is a
registered voter and has moved to a new address. Before removing or correcting
information in the statewide voter registration list, the county clerk shall
mail a notice to each such registered voter and follow the procedures set forth
in NRS 293.530.
(Added to NRS by 1995, 2257; A 2003, 2185)
NRS 293.533 Action to compel registration. Any
elector may bring and any number of electors may join in an action or
proceeding in a district court to compel the county clerk to enter the name of
such elector or electors in the registrar of voters’ register and the election
board register.
(Added to NRS by 1960, 275; A 1973, 350)
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.
1. The county clerk shall notify a
registrant if any elector or other reliable person files an affidavit with the
county clerk stating that:
(a) The registrant is not a citizen of the United
States; or
(b) The registrant has:
(1) Moved outside the boundaries of the
county where he or she is registered to another county, state, territory or
foreign country, with the intention of remaining there for an indefinite time
and with the intention of abandoning his or her residence in the county where
registered; and
(2) Established residence in some other
state, territory or foreign country, or in some other county of this state,
naming the place.
Ê The affiant
must state that he or she has personal knowledge of the facts set forth in the
affidavit.
2. Upon the filing of an affidavit
pursuant to paragraph (b) of subsection 1, the county clerk shall notify the
registrant in the manner set forth in NRS 293.530
and shall enclose a copy of the affidavit. If the registrant fails to respond
or appear to vote within the required time, the county clerk shall cancel the
registration.
3. An affidavit filed pursuant to
paragraph (a) of subsection 1 must be filed not later than 30 days before an
election. Upon the filing of such an affidavit, the county clerk shall notify
the registrant by registered or certified mail, return receipt requested, of
the filing of the affidavit, and shall enclose a copy of the affidavit. Unless
the registrant, within 15 days after the return receipt has been filed in the
office of the county clerk, presents satisfactory proof of citizenship, the
county clerk shall cancel the registration.
4. The provisions of this section do not
prevent the challenge provided for in NRS 293.303
or 293C.292.
(Added to NRS by 1960, 275; A 1969, 95; 1995, 2278; 1997, 3467)
NRS 293.537 Applications to register to vote of electors who have cancelled
registration: Preservation; microfilming; destruction; reinstatement if
cancelled erroneously.
1. The county clerk of each county shall
maintain a file of the applications to register to vote of electors who have
cancelled their registration. The file must be kept in alphabetical order. The
county clerk shall mark the applications “Cancelled,” and indicate thereon the
reason for cancellation. If the county clerk finds that the registration of an
elector was cancelled erroneously, the county clerk shall reregister the
elector or on election day allow the elector whose registration was erroneously
cancelled to vote pursuant to NRS 293.304, 293.525, 293C.295
or 293C.525.
2. The county clerk may:
(a) Microfilm the applications to register to
vote of an elector who cancels his or her registration and destroy the
originals at any time.
(b) Record cancelled applications to register to
vote by computer and destroy the originals at any time.
(c) Destroy any application to register to vote
of an elector who cancels his or her registration after the expiration of 3
years after the date of cancellation.
(Added to NRS by 1960, 275; A 1967, 862; 1993, 2196; 1995, 2279; 1997, 3468)
NRS 293.540 Circumstances in which county clerk is required to cancel
registration of voter. The county
clerk shall cancel the registration:
1. If the county clerk has personal
knowledge of the death of the person registered, or if an authenticated
certificate of the death of any elector is filed in the county clerk’s office.
2. If the county clerk is provided a
certified copy of a court order stating that the court specifically finds by
clear and convincing evidence that the person registered lacks the mental
capacity to vote because he or she cannot communicate, with or without
accommodations, a specific desire to participate in the voting process.
3. Upon the determination that the person
registered has been convicted of a felony unless:
(a) If the person registered was convicted of a
felony in this State, the right to vote of the person has been restored
pursuant to the provisions of NRS 213.090,
213.155 or 213.157.
(b) If the person registered was convicted of a
felony in another state, the right to vote of the person has been restored
pursuant to the laws of the state in which the person was convicted.
4. Upon the production of a certified copy
of the judgment of any court directing the cancellation to be made.
5. Upon the request of any registered
voter to affiliate with any political party or to change affiliation, if that
change is made before the end of the last day to register to vote in the
election.
6. At the request of the person registered.
7. If the county clerk has discovered an
incorrect registration pursuant to the provisions of NRS
293.5235, 293.530 or 293.535
and the elector has failed to respond or appear to vote within the required
time.
8. As required by NRS
293.541.
9. Upon verification that the application
to register to vote is a duplicate if the county clerk has the original or
another duplicate of the application on file in the county clerk’s office.
(Added to NRS by 1960, 275; A 1961, 295; 1967, 862; 1991, 1686, 2224; 1993, 2196; 1995, 2279; 2003, 2185; 2005, 2289; 2013, 59)
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.
1. The county clerk shall cancel the
registration of a voter if:
(a) After consultation with the district
attorney, the district attorney determines that there is probable cause to
believe that information in the registration concerning the identity or
residence of the voter is fraudulent;
(b) The county clerk provides a notice as
required pursuant to subsection 2 or executes an affidavit of cancellation
pursuant to subsection 3; and
(c) The voter fails to present satisfactory proof
of identity and residence pursuant to subsection 2, 4 or 5.
2. Except as otherwise provided in
subsection 3, the county clerk shall notify the voter by registered or
certified mail, return receipt requested, of a determination made pursuant to
subsection 1. The notice must set forth the grounds for cancellation. Unless
the voter, within 15 days after the return receipt has been filed in the office
of the county clerk, presents satisfactory proof of identity and residence to
the county clerk, the county clerk shall cancel the voter’s registration.
3. If insufficient time exists before a
pending election to provide the notice required by subsection 2, the county
clerk shall execute an affidavit of cancellation and file the affidavit of
cancellation with the registrar of voters’ register and:
(a) In counties where records of registration are
not kept by computer, the county clerk shall attach a copy of the affidavit of
cancellation in the election board register.
(b) In counties where records of registration are
kept by computer, the county clerk shall have the affidavit of cancellation
printed on the computer entry for the registration and add a copy of it to the
election board register.
4. If a voter appears to vote at the
election next following the date that an affidavit of cancellation was executed
for the voter pursuant to this section, the voter must be allowed to vote only
if the voter furnishes:
(a) Official identification which contains a
photograph of the voter, including, without limitation, a driver’s license or
other official document; and
(b) Satisfactory identification that contains
proof of the address at which the voter actually resides and that address is
consistent with the address listed on the election board register.
5. If a determination is made pursuant to
subsection 1 concerning information in the registration to vote of a voter and
an absent ballot or a ballot voted by a voter who resides in a mailing precinct
is received from the voter, the ballot must be kept separate from other ballots
and must not be counted unless the voter presents satisfactory proof to the
county clerk of identity and residence before such ballots are counted on
election day.
6. For the purposes of this section, a
voter registration card issued pursuant to NRS 293.517
does not provide proof of the:
(a) Address at which a person actually resides;
or
(b) Residence or identity of a person.
(Added to NRS by 2003, 2173; A 2007, 1164)
NRS 293.5415 Circumstances in which person adjudicated mentally incompetent
declared ineligible to vote; certain judicial findings required. A person is not ineligible to vote on the
ground that the person has been adjudicated mentally incompetent unless a court
of competent jurisdiction specifically finds by clear and convincing evidence
that the person lacks the mental capacity to vote because he or she cannot
communicate, with or without accommodations, a specific desire to participate
in the voting process and includes the finding in a court order.
(Added to NRS by 2013, 59)
NRS 293.542 Duty of court to provide notification of judicial finding that
person lacks mental capacity to vote. Within
30 days after a court of competent jurisdiction issues an order stating that
the court specifically finds by clear and convincing evidence that a person
lacks the mental capacity to vote because he or she cannot communicate, with or
without accommodations, a specific desire to participate in the voting process,
the court shall provide a certified copy of the order to:
1. The county clerk of the county in which
the person is a resident; and
2. The Office of the Secretary of State.
(Added to NRS by 1997, 2776; A 2013, 59)
NRS 293.543 Reregistration after cancellation of registration.
1. If the registration of an elector is
cancelled pursuant to subsection 2 of NRS 293.540,
the county clerk shall reregister the elector upon notice from the clerk of the
district court that the elector has been found by the district court to have
the mental capacity to vote. The court must include the finding in a court
order and, not later than 30 days after issuing the order, provide a certified
copy of the order to the county clerk of the county in which the person is a
resident and to the Office of the Secretary of State.
2. If the registration of an elector is
cancelled pursuant to subsection 3 of NRS 293.540,
the elector may reregister after presenting satisfactory evidence which
demonstrates that the elector’s:
(a) Conviction has been overturned; or
(b) Civil rights have been restored:
(1) If the elector was convicted in this
State, pursuant to the provisions of NRS
213.090, 213.155 or 213.157.
(2) If the elector was convicted in
another state, pursuant to the laws of the state in which he or she was
convicted.
3. If the registration of an elector is
cancelled pursuant to the provisions of subsection 5 of NRS
293.540, the elector may reregister immediately.
4. If the registration of an elector is
cancelled pursuant to the provisions of subsection 6 of NRS
293.540, after the close of registration for a primary election, the elector
may not reregister until after the primary election.
(Added to NRS by 1960, 276; A 1993, 2196; 1995, 2280; 1997, 2786; 2005, 2289; 2013, 60)
NRS 293.547 Written challenges.
1. After the 30th day but not later than
the 25th day before any election, a written challenge may be filed with the
county clerk.
2. A registered voter may file a written
challenge if:
(a) He or she is registered to vote in the same
precinct as the person whose right to vote is challenged; and
(b) The challenge is based on the personal
knowledge of the registered voter.
3. The challenge must be signed and
verified by the registered voter and name the person whose right to vote is
challenged and the ground of the challenge.
4. A challenge filed pursuant to this
section must not contain the name of more than one person whose right to vote
is challenged. The county clerk shall not accept for filing any challenge which
contains more than one such name.
5. The county clerk shall:
(a) File the challenge in the registrar of
voters’ register and:
(1) In counties where records of
registration are not kept by computer, he or she shall attach a copy of the
challenge to the challenged registration in the election board register.
(2) In counties where records of
registration are kept by computer, he or she shall have the challenge printed
on the computer entry for the challenged registration and add a copy of it to
the election board register.
(b) Within 5 days after a challenge is filed,
mail a notice in the manner set forth in NRS 293.530
to the person whose right to vote has been challenged pursuant to this section
informing the person of the challenge. If the person fails to respond or appear
to vote within the required time, the county clerk shall cancel the person’s
registration. A copy of the challenge and information describing how to
reregister properly must accompany the notice.
(c) Immediately notify the district attorney. A
copy of the challenge must accompany the notice.
6. Upon receipt of a notice pursuant to
this section, the district attorney shall investigate the challenge within 14
days and, if appropriate, cause proceedings to be instituted and prosecuted in
a court of competent jurisdiction without delay. The court shall give such
proceedings priority over other civil matters that are not expressly given
priority by law. Upon court order, the county clerk shall cancel the
registration of the person whose right to vote has been challenged pursuant to
this section.
(Added to NRS by 1960, 276; A 1973, 350; 1975, 943; 1985, 563; 1991, 2225; 1999, 1395, 2161; 2001, 90, 91; 2007, 2604)
NRS 293.548 Withdrawal of written challenge or affidavit.
1. A person who files a written challenge
pursuant to NRS 293.547 or an affidavit pursuant to
NRS 293.535 may withdraw the challenge or affidavit
not later than the 25th day before the date of the election, by submitting a
written request to the county clerk. Upon receipt of the request, the county
clerk shall:
(a) Remove the challenge or affidavit from the
registrar of voters’ register, any election board register and any other record
in which the challenge or affidavit has been filed or entered;
(b) If a notice of the challenge or affidavit has
been mailed to the person who is the subject of the challenge or affidavit,
mail a notice and a copy of the request to withdraw to that person; and
(c) If a notice of the challenge has been mailed
to the district attorney, mail a notice and a copy of the request to withdraw
to the district attorney.
2. If the county clerk receives a request
to withdraw pursuant to subsection 1, the county clerk shall withdraw the
person’s challenge or affidavit.
(Added to NRS by 1999, 1389)
NRS 293.550 Registration of electors enlisted or inducted into Armed Forces
of the United States: Appearance before county clerk or field registrar. Any elector of this State who has not
registered to vote in this State, or who has registered but whose registration
has been cancelled, and who contemplates enlisting in, or has been inducted
into, the Armed Forces of the United States may, at any time, appear before the
county clerk of the county of his or her residence or the field registrar
thereof and register as a voter in the manner provided by law.
(Added to NRS by 1960, 276; A 1993, 2197)
NRS 293.553 Registration of electors in service of United States or
attending school. Any elector of
this State who is in the service of the United States or attending an
institution of learning, and by reason thereof is beyond the boundaries of this
State, and who has not registered before or whose registration has been
cancelled may, at any time, request from the county clerk of the county of the
elector’s residence an application to register to vote. The county clerk, if
satisfied that the elector is eligible for registration, shall forward the
application immediately. The county clerk shall, upon receipt of the completed
application, file it in the manner provided by law.
(Added to NRS by 1960, 277; A 1961, 298; 1989, 2170; 1995, 2280; 2009, 360)
NRS 293.555 Registration of spouse or dependent of elector who is in service
of United States. If the spouse or
a dependent of an elector referred to in NRS 293.553
is an elector of this State but has not been registered, or his or her
registration has been cancelled, and such spouse or dependent of the elector is
required, by reason of the elector’s being in the service of the United States,
to reside beyond the boundaries of this State, such spouse or dependent may
register in the manner provided by NRS 293.553.
(Added to NRS by 1960, 277; A 1961, 298)
NRS 293.557 Publication of list of registered voters.
1. The county clerk may cause to be
published once in each of the newspapers circulated in different parts of the
county or cause to be published once in a newspaper circulated in the county:
(a) An alphabetical listing of all registered
voters, including the precinct of each voter:
(1) Within the circulation area of each
newspaper if the listing is published in each newspaper circulated in different
parts of the county; or
(2) Within the entire county if the
listing is published in only one newspaper in the county; or
(b) A statement notifying the public that the
county clerk will provide an alphabetical listing of the names of all
registered voters in the entire county and the precinct of each voter free of
charge to any person upon request.
2. If the county clerk publishes the list
of registered voters, the county clerk must do so:
(a) Not less than 2 weeks before the close of
registration for any primary election.
(b) After each primary election and not less than
2 weeks before the close of registration for the ensuing general election.
3. The county may not pay more than 10
cents per name for six-point or seven-point type or 15 cents per name for
eight-point type or larger to each newspaper publishing the list.
4. The list of registered voters, if
published, must not be printed in type smaller than six-point.
(Added to NRS by 1960, 277; A 1967, 851; 1971, 448;
1973, 351, 896; 1975, 943; 1979, 534; 1993, 2197; 1995, 2224, 2630, 2784; 1997, 652, 655)
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.
1. The county clerk shall disclose the
identification number of a registered voter to the public, including, without
limitation:
(a) In response to an inquiry received by the
county clerk; or
(b) By inclusion of the identification number of
the registered voter on any list of registered voters made available for public
inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290 or 293C.542.
2. The county clerk shall not disclose the
social security number or the driver’s license or identification card number of
a registered voter.
3. A registered voter may submit a written
request to the county clerk to have his or her address and telephone number
withheld from the public. Upon receipt of such a request, the county clerk
shall not disclose the address or telephone number of the registered voter to
the public, including, without limitation:
(a) In response to an inquiry received by the
county clerk; or
(b) By inclusion on any list of registered voters
made available for public inspection pursuant to NRS
293.301, 293.440, 293.557,
293C.290 or 293C.542.
4. No information other than the address,
telephone number, social security number and driver’s license or identification
card number of a registered voter may be withheld from the public.
(Added to NRS by 1995, 2773; A 1997, 3468; 2001, 2956; 2005, 2290)
NRS 293.560 Close of registration; exception; office of county clerk to be
open certain hours during last days before registration closes; publication of
day and time 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
or by computer during certain period; hours of operation for county facility
for voter registration.
1. Except as otherwise provided in NRS 293.502, 293D.230
and 293D.300, registration must close
on the third Tuesday preceding any primary or general election and on the third
Saturday preceding any recall or special election, except that if a recall or
special election is held on the same day as a primary or general election,
registration must close on the third Tuesday preceding the day of the
elections.
2. For a primary or special election, the
office of the county clerk must be open until 7 p.m. during the last 2 days on
which registration is open. In a county whose population is less than 100,000,
the office of the county clerk may close at 5 p.m. during the last 2 days
before registration closes if approved by the board of county commissioners.
3. For a general election:
(a) In a county whose population is less than
100,000, the office of the county clerk must be open until 7 p.m. during the
last 2 days on which registration is open. The office of the county clerk may
close at 5 p.m. if approved by the board of county commissioners.
(b) In a county whose population is 100,000 or
more, the office of the county clerk must be open during the last 4 days on
which registration is open, according to the following schedule:
(1) On weekdays until 9 p.m.; and
(2) A minimum of 8 hours on Saturdays,
Sundays and legal holidays.
4. Except for a special election held
pursuant to chapter 306 or 350 of NRS:
(a) The county clerk of each county shall cause a
notice signed by him or her to be published in a newspaper having a general
circulation in the county indicating:
(1) The day and time that registration
will be closed; and
(2) If the county clerk has designated a
county facility pursuant to NRS 293.5035, the
location of that facility.
Ê If no such
newspaper is published in the county, the publication may be made in a
newspaper of general circulation published in the nearest county in this State.
(b) The notice must be published once each week
for 4 consecutive weeks next preceding the close of registration for any
election.
5. The offices of the county clerk, a
county facility designated pursuant to NRS 293.5035
and other ex officio registrars may remain open on the last Friday in October
in each even-numbered year.
6. For the period beginning on the fifth
Sunday preceding any primary or general election and ending on the third Tuesday
preceding any primary or general election, an elector may register to vote
only:
(a) By appearing in person at the office of the
county clerk or, if open, a county facility designated pursuant to NRS 293.5035; or
(b) By computer, if the county clerk has
established a system pursuant to NRS 293.506 for
using a computer to register voters.
7. A county facility designated pursuant
to NRS 293.5035 may be open during the periods
described in this section for such hours of operation as the county clerk may
determine, as set forth in subsection 3 of NRS
293.5035.
(Added to NRS by 1960, 277; A 1963, 1376; 1964, 3;
1967, 862; 1971, 448; 1973, 351, 896; 1975, 943; 1977, 914; 1979, 268, 534; 1981, 959; 1985, 1098, 1902; 1987, 22; 1993, 2197, 2406; 1995, 699, 2631; 1997, 60, 3468; 1999, 2411; 2003, 1722, 2186; 2005, 312; 2011, 1928,
3071; 2013, 2377,
3828)
NRS 293.563 Election board register of precinct or district: Preparation;
delivery.
1. During the interval between the closing
of registration and the election, the county clerk shall:
(a) In counties where records of registration are
not kept by computer, prepare for each precinct or district a binder containing
in alphabetical order the original applications to register to vote of the
electors in the precinct or district. The binder constitutes the election board
register.
(b) In counties where records of registration are
kept by computer, have printed and placed in a binder for each precinct or
district a computer listing in alphabetical order of the applications to
register to vote of the electors in the precinct or district. The binder
constitutes the election board register.
2. Each election board register must be
delivered or caused to be delivered by the county or city clerk to an election
officer of the proper precinct or district before the opening of the polls.
(Added to NRS by 1960, 277; A 1985, 563; 1987, 356; 1995, 2280; 2003, 1656)
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.
1. Except as otherwise provided in
subsection 3, sample ballots must include:
(a) If applicable, the statement required by NRS 293.267;
(b) The fiscal note or description of anticipated
financial effect, as provided pursuant to NRS
218D.810, 293.250, 293.481,
295.015, 295.095 or 295.230 for each proposed constitutional
amendment, statewide measure, measure to be voted upon only by a special
district or political subdivision and advisory question;
(c) An explanation, as provided pursuant to NRS 218D.810, 293.250,
293.481, 295.121
or 295.230, of each proposed
constitutional amendment, statewide measure, measure to be voted upon only by a
special district or political subdivision and advisory question;
(d) Arguments for and against each proposed
constitutional amendment, statewide measure, measure to be voted upon only by a
special district or political subdivision and advisory question, and rebuttals
to each argument, as provided pursuant to NRS
218D.810, 293.250, 293.252
or 295.121; and
(e) The full text of each proposed constitutional
amendment.
2. If, pursuant to the provisions of NRS 293.2565, the word “Incumbent” must appear on the
ballot next to the name of the candidate who is the incumbent, the word
“Incumbent” must appear on the sample ballot next to the name of the candidate
who is the incumbent.
3. Sample ballots that are mailed to
registered voters may be printed without the full text of each proposed
constitutional amendment if:
(a) The cost of printing the sample ballots would
be significantly reduced if the full text of each proposed constitutional
amendment were not included;
(b) The county clerk ensures that a sample ballot
that includes the full text of each proposed constitutional amendment is
provided at no charge to each registered voter who requests such a sample ballot;
and
(c) The sample ballots provided to each polling
place include the full text of each proposed constitutional amendment.
4. Before the period for early voting for
any election begins, the county clerk shall cause to be mailed to each
registered voter in the county a sample ballot for his or her precinct, with a
notice informing the voter of the location of his or her polling place. If the
location of the polling place has changed since the last election:
(a) The county clerk shall mail a notice of the
change to each registered voter in the county not sooner than 10 days before
mailing the sample ballots; or
(b) The sample ballot must also include a notice
in bold type immediately above the location which states:
NOTICE: THE LOCATION
OF YOUR POLLING PLACE
HAS CHANGED SINCE THE
LAST ELECTION
5. Except as otherwise provided in
subsection 6, a sample ballot required to be mailed pursuant to this section
must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box
created by bold lines, a notice printed in at least 20-point bold type that
states:
NOTICE: TO RECEIVE A
SAMPLE BALLOT IN
LARGE TYPE, CALL
(Insert appropriate telephone number)
6. A portion of a sample ballot that
contains a facsimile of the display area of a voting device may include
material in less than 12-point type to the extent necessary to make the
facsimile fit on the pages of the sample ballot.
7. The sample ballot mailed to a person
who requests a sample ballot in large type by exercising the option provided
pursuant to NRS 293.508, or in any other manner,
must be printed in at least 14-point type, or larger when practicable.
8. If a person requests a sample ballot in
large type, the county clerk shall ensure that all future sample ballots mailed
to that person from the county are in large type.
9. The county clerk shall include in each
sample ballot a statement indicating that the county clerk will, upon request
of a voter who is elderly or disabled, make reasonable accommodations to allow
the voter to vote at his or her polling place and provide reasonable assistance
to the voter in casting his or her vote, including, without limitation,
providing appropriate materials to assist the voter. In addition, if the county
clerk has provided pursuant to subsection 4 of NRS
293.2955 for the placement at centralized voting locations of specially
equipped voting devices for use by voters who are elderly or disabled, the county
clerk shall include in the sample ballot a statement indicating:
(a) The addresses of such centralized voting
locations;
(b) The types of specially equipped voting
devices available at such centralized voting locations; and
(c) That a voter who is elderly or disabled may
cast his or her ballot at such a centralized voting location rather than at his
or her regularly designated polling place.
10. The cost of mailing sample ballots for
any election other than a primary or general election must be borne by the
political subdivision holding the election.
(Added to NRS by 1960, 278; A 1961, 298; 1967, 852;
1971, 449; 1973, 897; 1979, 268; 1987, 356; 1989, 205; 1995, 2631; 1997, 78, 765, 769, 3065, 3469; 1999, 679; 2001, 1435, 2001, 2957; 2003, 200, 208, 210, 1656, 1692, 1708, 1723, 3196; 2007, 1165, 2529; 2011, 2098;
2013, 647)
NRS 293.567 Number of registered voters in county to be transmitted by
county clerk to Secretary of State before primary and general elections. After the close of registration for each
primary election but not later than the Friday preceding the primary election
and after the close of registration for each general election but not later
than the Friday preceding the general election, the county clerk shall
ascertain by precinct and district the number of registered voters in the
county and their political affiliation, if any, and shall transmit that
information to the Secretary of State.
(Added to NRS by 1960, 278; A 1981, 349; 2011, 2100)
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; agreements with state agencies to obtain
information necessary for list; information may be requested from or provided
to chief election officers of other states.
1. The Secretary of State shall establish
and maintain an official statewide voter registration list, which may be
maintained on the Internet, in consultation with each county and city clerk.
2. The statewide voter registration list
must:
(a) Be a uniform, centralized and interactive
computerized list;
(b) Serve as the single method for storing and
managing the official list of registered voters in this State;
(c) Serve as the official list of registered
voters for the conduct of all elections in this State;
(d) Contain the name and registration information
of every legally registered voter in this State;
(e) Include a unique identifier assigned by the
Secretary of State to each legally registered voter in this State;
(f) Except as otherwise provided in subsection 6,
be coordinated with the appropriate databases of other agencies in this State;
(g) Be electronically accessible to each state
and local election official in this State at all times;
(h) Except as otherwise provided in subsection 7,
allow for data to be shared with other states under certain circumstances; and
(i) Be regularly maintained to ensure the
integrity of the registration process and the election process.
3. Each county and city clerk shall:
(a) Electronically enter into the statewide voter
registration list all information related to voter registration obtained by the
county or city clerk at the time the information is provided to the county or
city clerk; and
(b) Provide the Secretary of State with
information concerning the voter registration of the county or city and other
reasonable information requested by the Secretary of State in the form required
by the Secretary of State to establish or maintain the statewide voter
registration list.
4. In establishing and maintaining the statewide
voter registration list, the Secretary of State shall enter into a cooperative
agreement with the Department of Motor Vehicles to match information in the
database of the statewide voter registration list with information in the
appropriate database of the Department of Motor Vehicles to verify the accuracy
of the information in an application to register to vote.
5. The Department of Motor Vehicles shall
enter into an agreement with the Social Security Administration pursuant to 42
U.S.C. § 15483, to verify the accuracy of information in an application to
register to vote.
6. Except as otherwise provided in NRS 481.063 or any provision of law
providing for the confidentiality of information, the Secretary of State may
enter into an agreement with an agency of this State pursuant to which the
agency provides to the Secretary of State any information in the possession of
the agency that the Secretary of State deems necessary to maintain the
statewide voter registration list.
7. The Secretary of State may:
(a) Request from the chief officer of elections
of another state any information which the Secretary of State deems necessary
to maintain the statewide voter registration list; and
(b) Provide to the chief officer of elections of
another state any information which is requested and which the Secretary of
State deems necessary for the chief officer of elections of that state to
maintain a voter registration list, if the Secretary of State is satisfied that
the information provided pursuant to this paragraph will be used only for the
maintenance of that voter registration list.
(Added to NRS by 2003, 2168; A 2011, 864)
UNLAWFUL ACTS AND PENALTIES
NRS 293.700 Bribery of elector. A
person who bribes, offers to bribe, or uses any other corrupt means, directly
or indirectly, to influence any elector in giving his or her vote or to deter
the elector from giving it is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
(Added to NRS by 1975, 535; A 1979, 1464; 1995, 1269)
NRS 293.710 Intimidation of voters.
1. It is unlawful for any person, in connection
with any election, petition or registration of voters, whether acting himself
or herself or through another person in his or her behalf, to:
(a) Use or threaten to use any force,
intimidation, coercion, violence, restraint or undue influence;
(b) Inflict or threaten to inflict any physical
or mental injury, damage, harm or loss upon the person or property of another;
(c) Expose or publish or threaten to expose or
publish any fact concerning another in order to induce or compel such other to
vote or refrain from voting for any candidate or any question;
(d) Impede or prevent, by abduction, duress or
fraudulent contrivance, the free exercise of the franchise by any voter, or
thereby to compel, induce or prevail upon any elector to give or refrain from
giving his or her vote; or
(e) Discharge or change the place of employment
of any employee with the intent to impede or prevent the free exercise of the
franchise by such employee.
2. A person who violates a provision of
this section is guilty of a category E felony and shall be punished as provided
in NRS 193.130.
(Added to NRS by 1960, 268; A 1993, 2669; 2011, 2100)
NRS 293.720 Suppression of or failure to file nomination paper by public
officer. Any officer in whose
office any nomination paper has been filed, who shall wrongfully suppress,
neglect or fail to cause the proper filing thereof at the proper time and the
proper place, is guilty of a gross misdemeanor.
(Added to NRS by 1960, 270; A 1967, 552; 1973,
871)—(Substituted in revision for NRS 293.587)
NRS 293.730 Interfering with conduct of election; unauthorized delivery,
receipt, identification, display or removal of ballot.
1. A person shall not:
(a) Remain in or outside of any polling place so
as to interfere with the conduct of the election.
(b) Except an election board officer, receive
from any voter a ballot prepared by the voter.
(c) Remove a ballot from any polling place before
the closing of the polls.
(d) Apply for or receive a ballot at any election
precinct or district other than the one at which the person is entitled to
vote.
(e) Show his or her ballot to any person, after
voting, so as to reveal any of the names voted for.
(f) Inside a polling place, ask another person
for whom he or she intends to vote.
(g) Except an election board officer, deliver a
ballot to a voter.
(h) Except an election board officer in the
course of the election board officer’s official duties, inside a polling place,
ask another person his or her name, address or political affiliation.
2. A voter shall not:
(a) Receive a ballot from any person other than
an election board officer.
(b) Deliver to an election board or to any member
thereof any ballot other than the one received.
(c) Place any mark upon his or her ballot by
which it may afterward be identified as the one voted by the person.
3. Any person who violates any provision
of this section is guilty of a category E felony and shall be punished as
provided in NRS 193.130.
(Added to NRS by 1960, 270; A 1973, 871; 1985, 335; 1987, 1168; 1989, 2170; 1995, 2785; 2011, 2100)
NRS 293.740 Soliciting votes and electioneering inside polling place or
within certain distance from polling place prohibited; penalty.
1. Except as otherwise provided in
subsection 2, it is unlawful inside a polling place or within 100 feet from the
entrance to the building or other structure in which a polling place is
located:
(a) For any person to solicit a vote or speak to
a voter on the subject of marking the voter’s ballot.
(b) For any person, including an election board
officer, to do any electioneering on election day.
Ê The county
clerk or registrar of voters shall ensure that, at the outer limits of the area
within which electioneering is prohibited, notices are continuously posted on
which are printed in large letters “Distance Marker: No electioneering between
this point and the entrance to the polling place.”
2. The provisions of subsection 1 do not
apply to the conduct of a person in a private residence or on commercial or
residential property that is within 100 feet from the entrance to a building or
other structure in which a polling place is located. The provisions of
subsection 1 are not intended to prohibit a person from voting solely because
he or she is wearing a prohibited political insigne and is reasonably unable to
remove the insigne or cover it. In such a case, the election board officer
shall take such action as is necessary to allow the voter to vote as
expediently as possible and then assist the voter in exiting the polling place
as soon as is possible.
3. Any person who violates any provision
of this section is guilty of a gross misdemeanor.
4. As used in this section,
“electioneering” means campaigning for or against a candidate, ballot question
or political party by:
(a) Posting signs relating to the support of or
opposition to a candidate, ballot question or political party;
(b) Distributing literature relating to the
support of or opposition to a candidate, ballot question or political party;
(c) Using loudspeakers to broadcast information
relating to the support of or opposition to a candidate, ballot question or
political party;
(d) Buying, selling, wearing or displaying any
badge, button or other insigne which is designed or tends to aid or promote the
success or defeat of any political party or a candidate or ballot question to
be voted upon at that election; or
(e) Soliciting signatures to any kind of
petition.
(Added to NRS by 1963, 1382; A 1967, 863; 1973, 872; 1977, 464; 1987, 1169; 1989, 2171; 1997, 80; 2011, 2101)
NRS 293.750 Removal or destruction of election supplies or equipment. Any person who, during an election, removes or
destroys any of the supplies or equipment placed in the booths or compartments
or removes or defaces the cards of instruction posted as prescribed by this
chapter is guilty of a gross misdemeanor.
(Added to NRS by 1960, 270; A 1973, 872)—(Substituted
in revision for NRS 293.593)
NRS 293.755 Tampering or interfering with certain election equipment or
computer programs used to count ballots; report of violation to district
attorney.
1. A person who tampers or interferes
with, or attempts to tamper or interfere with, a mechanical voting system,
mechanical voting device or any computer program used to count ballots with the
intent to prevent the proper operation of that device, system or program is
guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who tampers or interferes
with, or attempts to tamper or interfere with, a mechanical voting system,
mechanical voting device or any computer program used to count ballots with the
intent to influence the outcome of an election is guilty of a category B felony
and shall be punished by imprisonment in the state prison for a minimum term of
not less than 2 years and a maximum term of not more than 20 years.
3. The county or city clerk shall report
any alleged violation of this section to the district attorney who shall cause
appropriate proceedings to be instituted and prosecuted in a court of competent
jurisdiction without delay.
(Added to NRS by 1991, 2217; A 1995, 1269; 1997, 3470; 2011, 2101)
NRS 293.760 Alteration, defacement or removal of posted results of votes
cast. Any person who, prior to the
expiration of 48 hours following the closing of the polls, alters, defaces,
removes or destroys the copy of the results of votes cast posted outside a
polling place is guilty of a gross misdemeanor. Notice of such penalty shall be
printed on the copy posted.
(Added to NRS by 1965, 1254; A 1973,
872)—(Substituted in revision for NRS 293.594)
NRS 293.770 Refusal of person sworn by election board to answer questions. Every person who, after being sworn by an
election board, refuses to answer any relevant question propounded by such
board concerning the right of any other person to vote is guilty of a gross
misdemeanor.
(Added to NRS by 1960, 270; A 1973, 872)—(Substituted
in revision for NRS 293.595)
NRS 293.775 Voting by person who knows he or she is not qualified elector;
voting using name of another person.
1. A person who is not a qualified elector
and who votes or attempts to vote knowing that he or she is not a qualified
elector is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who votes or attempts to vote
using the name of another person is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
(Added to NRS by 2013, 2370)
NRS 293.780 Voting more than once at same election.
1. A person who is entitled to vote shall
not vote or attempt to vote more than once at the same election. Any person who
votes or attempts to vote twice at the same election is guilty of a category D
felony and shall be punished as provided in NRS
193.130.
2. Notice of the provisions of subsection
1 must be given by the county or city clerk as follows:
(a) Printed on all sample ballots mailed;
(b) Posted in boldface type at each polling
place; and
(c) Posted in boldface type at the office of the
county or city clerk.
(Added to NRS by 1973, 403; A 1987, 356; 1997, 234)
NRS 293.790 Offer to vote by person whose vote has been rejected. If any person whose vote has been rejected
offers to vote at the same election, at any polling place other than the one in
which the person is registered to vote, such person is guilty of a gross
misdemeanor.
(Added to NRS by 1960, 270; A 1973, 872; 1991, 1686)
NRS 293.800 Acts concerning registration of voters; violations of laws
governing elections; crimes by public officers.
1. A person who, for himself, herself or
another person, willfully gives a false answer or answers to questions
propounded to the person by the registrar or field registrar of voters relating
to the information called for by the application to register to vote, or who
willfully falsifies the application in any particular, or who violates any of
the provisions of the election laws of this State or knowingly encourages
another person to violate those laws is guilty of a category E felony and shall
be punished as provided in NRS 193.130.
2. A public officer or other person, upon
whom any duty is imposed by this title, who willfully neglects his or her duty
or willfully performs it in such a way as to hinder the objects and purposes of
the election laws of this State, except where another penalty is provided, is
guilty of a category E felony and shall be punished as provided in NRS 193.130.
3. If the person is a public officer, his
or her office is forfeited upon conviction of any offense provided for in
subsection 2.
4. A person who causes or endeavors to
cause his or her name to be registered, knowing that he or she is not an
elector or will not be an elector on or before the day of the next ensuing
election in the precinct or district in which he or she causes or endeavors to
cause the registration to be made, and any other person who induces, aids or
abets the person in the commission of either of the acts is guilty of a
category E felony and shall be punished as provided in NRS 193.130.
5. A field registrar or other person who
provides to an elector an application to register to vote and who:
(a) Knowingly falsifies the application or
knowingly causes an application to be falsified;
(b) Knowingly provides money or other compensation
to another for a falsified application; or
(c) Intentionally fails to submit to the county
clerk a completed application,
Ê is guilty of
a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1960, 271; A 1961, 294; 1973, 872; 1993, 2198; 1995, 1269, 2281; 1997, 235, 608; 1999, 2117; 2011, 2102)
NRS 293.805 Compensation for registration of voters based upon number of
voters or voters of a particular party registered.
1. It is unlawful for a person to provide
compensation for registering voters that is based upon:
(a) The total number of voters a person
registers; or
(b) The total number of voters a person registers
in a particular political party.
2. A person who violates any provision of
this section is guilty of a category E felony and shall be punished as provided
in NRS 193.130.
(Added to NRS by 1993, 2167; A 1995, 1270; 1997, 235)
NRS 293.810 Registration in more than one county at one time. It is unlawful for any person to be registered
as a voter in more than one county at one time.
(Added to NRS by 1987, 1590)
NRS 293.820 Solicitation of contribution for political organization without
prior approval or charter.
1. It is unlawful for any person to
solicit a contribution for any organization the title of which incorporates the
name, or any form of the name, of any political party in this State without
first having obtained written approval therefor, or a charter for that
organization, from the central or executive committee of that political party
the name of which is being used or incorporated in the title of that
organization for the county in which the money is being solicited.
2. This section does not require any
person or organization to obtain a charter or written approval if that person
or organization is:
(a) Publicly organized for the sole and limited
purpose of supporting the candidacy of a particular candidate in a single
election.
(b) Chartered by a national political party or
organization.
(c) Chartered by a state central committee in
Nevada.
3. Any person who violates any provision
of this section is guilty of a gross misdemeanor.
4. As used in this section, “contribution”
has the meaning ascribed to it in NRS
294A.007.
(Added to NRS by 1967, 844; A 1973, 873; 1987, 356, 1373; 1989, 228; 1999, 3554)
NRS 293.830 Betting on election. Any
person who makes, offers or accepts any bet or wager upon the result of any
election, or upon the success or failure of any person or candidate, or upon
the number of votes to be cast, either in the aggregate or for any particular
candidate, or upon the vote to be cast by any person, is guilty of a gross
misdemeanor.
(Added to NRS by 1960, 271; A 1973, 873)—(Substituted
in revision for NRS 293.603)
NRS 293.840 Civil penalty.
1. In addition to any criminal penalty, a
person who violates the provisions of this chapter is subject to a civil
penalty in an amount not to exceed $20,000 for each violation. This penalty
must be recovered in a civil action brought in the name of the State of Nevada
by the Attorney General or by any district attorney in a court of competent
jurisdiction.
2. Any civil penalty collected pursuant to
this section must be deposited by the collecting agency for credit to the State
General Fund in the bank designated by the State Treasurer.
(Added to NRS by 1993, 2172; A 2001, 2924)
APPENDIX
JUDICIALLY APPROVED PETITION DISTRICTS BASED ON 2010 CENSUS
(Effective October 27, 2011, and until the Legislature
takes further action regarding apportionment of the Congressional Districts
that constitute the petition districts)
This Appendix reproduces verbatim the relevant portions of
the Order Adopting and Approving Special Masters’ Report and Redistricting Maps
as Modified by the Court, Guy v. Miller, Case No. 11 OC 00042 1B (Nev.
First Jud. Dist. Ct. Oct. 27, 2011) and Addendum to October 27, 2011 Order
Adopting and Approving Special Masters’ Report and Redistricting Maps as
Modified by the Court, Guy v. Miller, Case No. 11 OC 00042 1B (Nev.
First Jud. Dist. Ct. Dec. 8, 2011).
CON-Masters-1012-1819_Bill_Lang.txt
District 1
In Clark County
Census tract(s) 000103, 000105, 000106,
000107, 000108, 000109, 000203, 000204, 000401, 000402, 000403, 000510, 000513,
000514, 000515, 000516, 000517, 000518, 000519, 000520, 000521, 000522, 000523,
000524, 000525, 000526, 000527, 000528, 000600, 000700, 000800, 000900, 001003,
001004, 001005, 001006, 001100, 001200, 001300, 001401, 001402, 001501, 001502,
001607, 001608, 001609, 001610, 001611, 001612, 001613, 001706, 001707, 001708,
001709, 001710, 001711, 001712, 001713, 001714, 001715, 001716, 001717, 001718,
001801, 001803, 001804, 001901, 001902, 002000, 002201, 002203, 002204, 002206,
002207, 002302, 002303, 002403, 002404, 002405, 002406, 002501, 002504, 002505,
002506, 002603, 002604, 002605, 002706, 002708, 002822, 002823, 002825, 002826,
002905, 002915, 002916, 002919, 002935, 002936, 002937, 002938, 002939, 002940,
002941, 002942, 002944, 002946, 002947, 002948, 002949, 002950, 002951, 002952,
002953, 002954, 002956, 002957, 002958, 002964, 002965, 002966, 002967, 002968,
002969, 002970, 002995, 002996, 003001, 003003, 003004, 003005, 003006, 003102,
003103, 003104, 003254, 003260, 003423, 003429, 004000, 004100, 004709, 004710,
004907, 004910, 004911, 004912, 004914, 004915, 004916, 004918, 004919, 004920,
004921, 004923, 004924, 004925, 004926, 005005, 005006, 005007, 005011, 005012,
005013, 005014, 005015, 006700.
In census tract 000101 block
group(s) 1, 2, 3, 4.
In census tract 000301,
block(s) 2000, 2001, 2002, 2014, 2015, 2016, 2017, 2018, 2019, 2023, 2025, 2026,
2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039,
2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052,
2053, 2054, 2055, 2056, 2057, 2059, 2060, 3000, 3001, 3002, 3003, 3004.
In census tract 002707 block
group(s) 1, 3.
In census tract 002707,
block(s) 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010.
In census tract 002824 block
group(s) 1.
In census tract 002824,
block(s) 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2011.
In census tract 002827 block
group(s) 1.
In census tract 002827,
block(s) 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
2013, 2014.
In census tract 002961 block
group(s) 2.
In census tract 002961,
block(s) 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008.
In census tract 002962,
block(s) 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010,
1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036,
1037, 1042, 1043, 1044, 1045, 1046, 1047, 1054, 1055, 1056, 1057, 1058, 1059,
1060, 1061, 1062, 1063, 1067, 1068, 1069, 1070, 1071, 1134.
In census tract 002974 block
group(s) 1.
In census tract 002975 block
group(s) 2.
In census tract 003220 block
group(s) 1, 2, 3, 4, 5.
In census tract 003220,
block(s) 6002, 6003, 6004, 6005, 6006.
In census tract 003253 block
group(s) 2, 3.
In census tract 003253,
block(s) 1008, 1009, 1010, 1011.
In census tract 003261 block
group(s) 1.
In census tract 003422 block
group(s) 4, 5.
In census tract 003700,
block(s) 2031.
In census tract 003800,
block(s) 2006, 2009, 2010, 2011, 2012, 2013, 3001, 3002, 3003, 3004, 3005,
3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 4000, 4001, 4003,
4004, 4005, 4006, 5006, 5007.
In census tract 004917 block
group(s) 1.
In census tract 004917,
block(s) 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009.
In census tract 005010 block group(s)
1, 3.
In census tract 005010,
block(s) 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2026, 2027,
2028.
In census tract 005016,
block(s) 1004, 1008, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1037, 1038, 1039,
1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048.
In census tract 005017,
block(s) 1006, 1007, 1008, 1009, 1028.
In census tract 005105,
block(s) 1007, 1018, 1019.
In census tract 006104,
block(s) 1040, 1041, 2017, 2018.
In census tract 006800 block
group(s) 1, 2, 3.
In census tract 006800,
block(s) 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010,
4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4026, 4027, 4028, 4029,
4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042,
4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055,
4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4066, 4067, 4068,
4069, 4070, 4081, 4082, 4085, 4086, 4087, 4088.
District 2
Churchill County, Douglas County, Elko County,
Eureka County, Humboldt County, Lander County, Pershing County, Storey County,
Washoe County, Carson City County.
In Lyon County
Census tract(s) 960101, 960102, 960103,
960201, 960202, 960301, 960302, 960303.
In census tract 960800,
block(s) 1000.
In census tract 960900,
block(s) 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016, 2017, 2019, 2020, 2021, 2022, 2023, 2024,
2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038,
2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2048, 2055, 2056, 2057, 2058,
2084, 2188, 2191, 2192, 2193, 2198, 2199, 4000, 4001, 4002, 4003, 4004, 4005,
4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018,
4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4032, 4033, 4034,
4035, 4036, 4037, 4038, 4039, 4040, 4047, 4048, 4049, 4051, 4052, 4053, 4054,
4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4100.
District 3
In Clark County
Census tract(s) 002808, 002810, 002811,
002814, 002821, 002828, 002829, 002830, 002831, 002832, 002833, 002834, 002835,
002836, 002837, 002838, 002841, 002842, 002843, 002844, 002845, 002846, 002847,
002848, 002976, 002977, 002978, 002979, 002980, 002981, 002982, 002983, 002984,
002985, 003222, 003226, 003227, 003249, 003250, 003262, 005101, 005102, 005103,
005104, 005106, 005107, 005108, 005109, 005200, 005311, 005312, 005313, 005314,
005315, 005316, 005317, 005318, 005319, 005320, 005321, 005322, 005333, 005335,
005336, 005337, 005338, 005341, 005342, 005343, 005346, 005347, 005348, 005349,
005350, 005351, 005352, 005353, 005354, 005355, 005356, 005357, 005358, 005359,
005360, 005421, 005422, 005423, 005432, 005433, 005434, 005435, 005436, 005437,
005438, 005439, 005501, 005502, 005503, 005504, 005702, 005703, 005704, 005705,
005711, 005712, 005713, 005714, 005715, 005716, 005803, 005804, 005805, 005806,
005807, 005808, 005809, 005811, 005813, 005822, 005824, 005825, 005826, 005827,
005828, 005829, 005830, 005831, 005832, 005833, 005834, 005835, 005836, 005837,
005838, 005839, 005840, 005841, 005842, 005843, 005844, 005845, 005846, 005847,
005848, 005849, 005850, 005851, 005852, 005853, 005854, 005855, 005856, 006900.
In census tract 002707,
block(s) 2011, 2012, 2013, 2014, 2015, 2016, 2017.
In census tract 002824,
block(s) 2010.
In census tract 002827,
block(s) 2000, 2001.
In census tract 002961,
block(s) 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
1020, 1021, 1022.
In census tract 002962,
block(s) 1038, 1039, 1040, 1041, 1048, 1049, 1050, 1051, 1052, 1053, 1064,
1065, 1066, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082,
1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095,
1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108,
1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121,
1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133.
In census tract 002974 block
group(s) 2.
In census tract 002975 block
group(s) 1.
In census tract 003223 block
group(s) 2.
In census tract 003223,
block(s) 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008.
In census tract 003253,
block(s) 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1012, 1013, 1014.
In census tract 003261 block
group(s) 2.
In census tract 005010, block(s)
2022, 2023, 2024, 2025.
In census tract 005016,
block(s) 1000, 1001, 1002, 1003, 1005, 1006, 1007, 1009, 1010, 1011, 1012,
1013, 1014, 1034, 1035, 1036, 1049, 1050, 1051, 1052, 1053, 1054.
In census tract 005017,
block(s) 1000, 1001, 1002, 1003, 1004, 1005, 1010, 1011, 1012, 1013, 1014,
1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027,
1029, 1030, 1031.
In census tract 005105 block
group(s) 2.
In census tract 005105,
block(s) 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1008, 1009, 1010, 1011,
1012, 1013, 1014, 1015, 1016, 1017, 1020, 1021, 1022, 1023, 1024, 1025, 1026,
1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039,
1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052,
1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065,
1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078,
1079.
In census tract 005613,
block(s) 4217, 4232, 4233, 4235, 4236, 4237, 4238, 4240, 4241, 4242, 4243,
4244, 4245, 4246, 4247, 4248, 4249, 4250, 4251, 4252, 4253, 4254, 4255, 4257,
4258, 4259, 4260, 4261, 4262, 4263, 4264, 4265, 4266, 4267, 4268, 4269, 4270,
4271, 4272, 4273, 4274, 4275, 4276, 4277, 4278, 4279, 4280, 4281, 4282, 4283, 4284,
4285, 4286, 4287, 4288, 4289, 4290, 4291, 4292, 4293, 4294, 4295, 4296, 4297,
4298, 4299, 4300, 4301, 4302, 4303, 4304, 4305, 4306, 4307, 4308, 4309, 4310,
4311, 4312, 4313, 4314, 4315, 4316, 4317, 4318, 4319, 4320, 4321, 4322, 4323,
4324, 4325, 4326, 4327, 4328, 4329, 4330, 4331, 4332, 4333, 4334, 4335, 4336,
4337, 4338, 4339, 4340, 4341, 4342, 4343, 4344, 4345, 4346, 4347, 4348, 4404,
4405, 4406, 4407.
In census tract 005823,
block(s) 1003, 1010, 1014, 1015, 1018, 1020, 1027, 1031, 1032, 1036, 1037,
1038, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053,
1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066,
1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075.
In census tract 006104,
block(s) 1051, 1052, 1053, 1062, 1063, 1068, 1069, 1071.
In census tract 006800,
block(s) 4020, 4021, 4022, 4023, 4024, 4025, 4071, 4072, 4073, 4074, 4075,
4076, 4077, 4078, 4079, 4080, 4083, 4084.
In census tract 007500,
block(s) 1080, 1081, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094,
1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1106, 1107, 1108,
1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121,
1122, 1123, 1124, 1125, 1126, 1127, 1189, 1190.
District 4
Esmeralda County, Lincoln County, Mineral County,
Nye County, White Pine County.
In Clark County
Census tract(s) 000201, 000302, 003204,
003208, 003210, 003211, 003213, 003214, 003215, 003218, 003219, 003228, 003229,
003230, 003231, 003232, 003233, 003234, 003235, 003236, 003237, 003238, 003239,
003240, 003241, 003242, 003243, 003244, 003245, 003246, 003247, 003248, 003251,
003252, 003303, 003305, 003306, 003307, 003308, 003309, 003310, 003311, 003312,
003313, 003314, 003315, 003316, 003317, 003318, 003319, 003320, 003321, 003408,
003409, 003410, 003411, 003412, 003413, 003414, 003415, 003416, 003418, 003419,
003420, 003421, 003426, 003427, 003428, 003430, 003431, 003500, 003607, 003609,
003610, 003612, 003613, 003615, 003616, 003617, 003618, 003619, 003620, 003621,
003622, 003623, 003624, 003625, 003626, 003627, 003628, 003629, 003630, 003631,
003632, 003633, 003634, 003635, 003636, 003637, 003638, 003639, 003640, 003641,
003642, 003643, 003644, 004200, 004301, 004302, 004401, 004402, 004500, 004601,
004602, 004703, 004707, 004712, 004713, 004714, 004715, 004716, 004717, 005607,
005612, 005614, 005615, 005818, 005902, 005903, 005904, 005905, 006001, 006103,
006201, 006202, 006203, 006204, 007100, 007200, 007600, 007800.
In census tract 000101 block
group(s) 5.
In census tract 000301 block
group(s) 1.
In census tract 000301,
block(s) 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
2020, 2021, 2022, 2024, 2058, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012,
3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025,
3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038,
3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049.
In census tract 003220,
block(s) 6000, 6001, 6007, 6008.
In census tract 003223,
block(s) 1000.
In census tract 003422 block
group(s) 1, 2, 3.
In census tract 003700 block
group(s) 1.
In census tract 003700,
block(s) 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023,
2024, 2025, 2026, 2027, 2028, 2029, 2030.
In census tract 003800 block
group(s) 1.
In census tract 003800,
block(s) 2000, 2001, 2002, 2003, 2004, 2005, 2007, 2008, 3000, 4002, 5000,
5001, 5002, 5003, 5004, 5005.
In census tract 004917,
block(s) 2000, 2001, 2010, 2011, 2012.
In census tract 005613 block
group(s) 1, 2, 3, 5.
In census tract 005613,
block(s) 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010,
4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023,
4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036,
4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049,
4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062,
4063, 4064, 4065, 4066, 4067, 4068, 4069, 4070, 4071, 4072, 4073, 4074, 4075,
4076, 4077, 4078, 4079, 4080, 4081, 4082, 4083, 4084, 4085, 4086, 4087, 4088,
4089, 4090, 4091, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099, 4100, 4101,
4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 4111, 4112, 4113, 4114,
4115, 4116, 4117, 4118, 4119, 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4127,
4128, 4129, 4130, 4131, 4132, 4133, 4134, 4135, 4136, 4137, 4138, 4139, 4140,
4141, 4142, 4143, 4144, 4145, 4146, 4147, 4148, 4149, 4150, 4151, 4152, 4153,
4154, 4155, 4156, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166,
4167, 4168, 4169, 4170, 4171, 4172, 4173, 4174, 4175, 4176, 4177, 4178, 4179,
4180, 4181, 4182, 4183, 4184, 4185, 4186, 4187, 4188, 4189, 4190, 4191, 4192,
4193, 4194, 4195, 4196, 4197, 4198, 4199, 4200, 4201, 4202, 4203, 4204, 4205,
4206, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4218, 4219,
4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230, 4231, 4234,
4239, 4256, 4349, 4350, 4351, 4352, 4353, 4354, 4355, 4356, 4357, 4358, 4359,
4360, 4361, 4362, 4363, 4364, 4365, 4366, 4367, 4368, 4369, 4370, 4371, 4372,
4373, 4374, 4375, 4376, 4377, 4378, 4379, 4380, 4381, 4382, 4383, 4384, 4385,
4386, 4387, 4388, 4389, 4390, 4391, 4392, 4393, 4394, 4395, 4396, 4397, 4398,
4399, 4400, 4401, 4402, 4403, 4408, 4409, 4410.
In census tract 005823,
block(s) 1000, 1001, 1002, 1004, 1005, 1006, 1007, 1008, 1009, 1011, 1012,
1013, 1016, 1017, 1019, 1021, 1022, 1023, 1024, 1025, 1026, 1028, 1029, 1030,
1033, 1034, 1035, 1039, 1040, 1041.
In census tract 006104,
block(s) 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010,
1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036,
1037, 1038, 1039, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1054,
1055, 1056, 1057, 1058, 1059, 1060, 1061, 1064, 1065, 1066, 1067, 1070, 2000,
2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
2014, 2015, 2016, 2019.
In census tract 007500,
block(s) 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010,
1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,
1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036,
1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049,
1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062,
1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075,
1076, 1077, 1078, 1079, 1082, 1083, 1084, 1085, 1105, 1128, 1129, 1130, 1131,
1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144,
1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157,
1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170,
1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183,
1184, 1185, 1186, 1187, 1188, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198,
1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211,
1212, 1213, 1214, 1215.
In Lyon County
Census tract(s) 000201, 000302, 003204,
003208, 003210, 003211, 003213, 003214, 003215, 003218, 003219, 003228, 003229,
003230, 003231, 003232, 003233, 003234, 003235, 003236, 003237, 003238, 003239,
003240, 003241, 003242, 003243, 003244, 003245, 003246, 003247, 003248, 003251,
003252, 003303, 003305, 003306, 003307, 003308, 003309, 003310, 003311, 003312,
003313, 003314, 003315, 003316, 003317, 003318, 003319, 003320, 003321, 003408,
003409, 003410, 003411, 003412, 003413, 003414, 003415, 003416, 003418, 003419,
003420, 003421, 003426, 003427, 003428, 003430, 003431, 003500, 003607, 003609,
003610, 003612, 003613, 003615, 003616, 003617, 003618, 003619, 003620, 003621,
003622, 003623, 003624, 003625, 003626, 003627, 003628, 003629, 003630, 003631,
003632, 003633, 003634, 003635, 003636, 003637, 003638, 003639, 003640, 003641,
003642, 003643, 003644, 004200, 004301, 004302, 004401, 004402, 004500, 004601,
004602, 004703, 004707, 004712, 004713, 004714, 004715, 004716, 004717, 005607,
005612, 005614, 005615, 005818, 005902, 005903, 005904, 005905, 006001, 006103,
006201, 006202, 006203, 006204, 007100, 007200, 007600, 007800.
In census tract 960800 block
group(s) 2, 3, 4, 5.
In census tract 960800,
block(s) 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011,
1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024,
1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037,
1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050,
1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063,
1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076,
1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089,
1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102,
1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115,
1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128,
1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141,
1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154,
1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167,
1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176.
In census tract 960900 block
group(s) 1, 3.
In census tract 960900,
block(s) 2018, 2025, 2047, 2049, 2050, 2051, 2052, 2053, 2054, 2059, 2060,
2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073,
2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2085, 2086, 2087,
2088, 2089, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100,
2101, 2102, 2103, 2104, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2112, 2113,
2114, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126,
2127, 2128, 2129, 2130, 2131, 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140,
2141, 2142, 2143, 2144, 2145, 2146, 2147, 2148, 2149, 2150, 2151, 2152, 2153,
2154, 2155, 2156, 2157, 2158, 2159, 2160, 2161, 2162, 2163, 2164, 2165, 2166,
2167, 2168, 2169, 2170, 2171, 2172, 2173, 2174, 2175, 2176, 2177, 2178, 2179,
2180, 2181, 2182, 2183, 2184, 2185, 2186, 2187, 2189, 2190, 2194, 2195, 2196,
2197, 2200, 4029, 4030, 4031, 4041, 4042, 4043, 4044, 4045, 4046, 4050, 4066,
4067, 4068, 4069, 4070, 4071, 4072, 4073, 4074, 4075, 4076, 4077, 4078, 4079,
4080, 4081, 4082, 4083, 4084, 4085, 4086, 4087, 4088, 4089, 4090, 4091, 4092,
4093, 4094, 4095, 4096, 4097, 4098, 4099, 4101, 4102, 4103, 4104, 4105.
* * *
