2005 Nevada Revised Statutes - Chapter 293 — Elections

Title 24 - ELECTIONS

CHAPTER 293 - ELECTIONS

GENERAL PROVISIONS

NRS 293.010 Definitions.

NRS 293.013 Absentballot defined.

NRS 293.015 Absentvoter defined.

NRS 293.016 Abstractof votes defined.

NRS 293.017 Activeregistration defined.

NRS 293.025 Ballotdefined.

NRS 293.030 Ballotlisting defined.

NRS 293.032 Canvassdefined.

NRS 293.033 Centralcommittee defined.

NRS 293.034 Certificateof election defined.

NRS 293.035 Challengelist defined.

NRS 293.038 Cityof population category one defined.

NRS 293.0382 Cityof population category two defined.

NRS 293.0384 Cityof population category three defined.

NRS 293.040 Clerkdefined.

NRS 293.042 Contestdefined.

NRS 293.044 Countyclerk defined; synonymous with registrar of voters in certain counties.

NRS 293.046 Deputyclerk defined.

NRS 293.050 Electionboard officer defined.

NRS 293.053 Electionboard register defined.

NRS 293.055 Electordefined.

NRS 293.056 Facsimilemachine defined.

NRS 293.057 Filingofficer defined.

NRS 293.059 Generalcity election defined.

NRS 293.060 Generalelection defined.

NRS 293.063 Independentcandidate defined.

NRS 293.064 Judicialoffice defined.

NRS 293.0643 Judicialofficer defined.

NRS 293.065 Maildefined.

NRS 293.0655 Majorpolitical party defined.

NRS 293.0657 Mechanicalrecording device defined.

NRS 293.0659 Mechanicalvoting system defined.

NRS 293.066 Minorpolitical party defined.

NRS 293.0675 Nonpartisanoffice defined.

NRS 293.068 Oathdefined.

NRS 293.070 Physicaldisability defined.

NRS 293.073 Politicalparty defined.

NRS 293.075 Pollbookdefined.

NRS 293.077 Precinctdefined.

NRS 293.079 Primarycity election defined.

NRS 293.080 Primaryelection defined.

NRS 293.090 Registeredvoter defined.

NRS 293.0925 Registrarof voters register defined.

NRS 293.093 Regularvotes defined.

NRS 293.094 Rejectedballot defined.

NRS 293.095 Rosterdefined.

NRS 293.097 Sampleballot defined.

NRS 293.100 Schooloffice defined.

NRS 293.103 Schoolofficers defined.

NRS 293.105 Serviceof the United States defined.

NRS 293.107 Spoiledballot defined.

NRS 293.109 Stateofficer defined.

NRS 293.111 Statewidevoter registration list defined.

NRS 293.113 Tallylist and tally book defined.

NRS 293.115 Townshipoffice defined.

NRS 293.117 Townshipofficer defined.

NRS 293.121 Votingdistrict defined.

NRS 293.124 Secretaryof State to serve as Chief Officer of Elections; regulations.

NRS 293.126 Applicabilityof chapter to city elections.

NRS 293.127 Liberalconstruction of title and determination of real will of electors.

NRS 293.1273 Facsimileof signature created by computer to verify or compare signature.

NRS 293.1275 Countingof Saturdays, Sundays and holidays in computing certain periods of time;exceptions.

GENERAL ELECTIONS

NRS 293.12755 Date.

CIRCULATION AND SUFFICIENCY OF CERTAIN PETITIONS

NRS 293.12756 Informationalpamphlet concerning petitions; fee.

NRS 293.127565 Useof public buildings to gather signatures on petitions; remedy for violation;regulations.

NRS 293.12757 Qualificationto sign petition.

NRS 293.12758 Receiptissued by county clerk; requirements for petition.

NRS 293.1276 Countyclerk to forward number of signatures to Secretary of State; notice of failureto file required number of signatures; handling of petition.

NRS 293.1277 Verificationof signatures by county clerks.

NRS 293.1278 Qualificationor disqualification of petition upon receipt of certificates or amendedcertificates by Secretary of State.

NRS 293.1279 Qualificationor disqualification of petition upon verification of signatures.

NRS 293.12793 Appealwith Secretary of State contesting verification of votes; notification ofpublic officer who is subject of petition to recall; consideration andinvestigation of allegations.

NRS 293.12795 Actionby Secretary of State upon review of appeal; judicial review of decision ofSecretary of State.

MAJOR POLITICAL PARTIES

NRS 293.128 Procedurefor qualification.

NRS 293.130 Countyconventions: Place; notice.

NRS 293.133 Numberof delegates from voting precincts to county convention.

NRS 293.135 Precinctmeetings of registered voters before county convention: Time and place; notice.

NRS 293.137 Electionof delegates to county convention; procedure if precinct fails to electdelegates; certificates given to elected delegates; party to adopt proceduralrules.

NRS 293.140 Countyconventions: Manner of organization; authorized action of delegates.

NRS 293.143 Countycentral committee: Number; change in membership.

NRS 293.145 Numberof delegates to state convention.

NRS 293.150 Stateconventions: Place and actions; additional conventions.

NRS 293.153 Numberof members of state central committee.

NRS 293.155 Rulesof county and state conventions; delegate must be qualified elector; unit ruleof voting prohibited.

NRS 293.157 Stateand county central committees: Terms of office; termination of membership;vacancies.

NRS 293.160 Stateand county central committees: Election of officers and executive committee;other powers.

NRS 293.161 Rightof participation as delegate to county or state convention or member of countyor state central committee.

NRS 293.163 Selectionof delegates and alternates to national party convention and members ofnational committee by state convention in presidential election year.

NRS 293.165 Procedurefor filling vacancy in major or minor political party nomination or nonpartisannomination.

NRS 293.166 Procedurefor filling vacancy in party nomination for office of State Senator orAssemblyman from multicounty legislative district.

NRS 293.167 Nominationof party candidates for United States Senator or Representative in Congress.

MINOR POLITICAL PARTIES

NRS 293.171 Procedurefor qualification.

NRS 293.1715 Procedureto place candidates names on ballot; limitation on number of candidates toappear on ballot.

NRS 293.172 Contentsof petition required to place candidates names on ballot; limitation on whomay sign petition; requirements for signing.

NRS 293.1725 Candidates:Submission of list to Secretary of State; filing of declaration of candidacyand certificate of nomination.

NRS 293.174 Challengeof qualification.

NOMINATIONS

NRS 293.175 Dateof primary election; nomination of candidates; applicability of provisionsgoverning nominations.

NRS 293.1755 Residencyrequirements for candidates; penalty for knowingly and willfully making falsestatement concerning residency on declaration or acceptance of candidacy;exception.

NRS 293.176 Whencandidacy for major political party prohibited; exception.

NRS 293.177 Declarationor acceptance of candidacy: Filing required before name may be printed onballot; form; contents; address of candidate; retention of proof of identityand residency; appointment of agent for service of process; investigation anddisqualification of candidate who has been convicted of felony and has not hadhis civil rights restored.

NRS 293.180 Certificatesof candidacy: Requirements; filing; acceptance of candidacy.

NRS 293.181 Declarationof residency required of candidate for Office of State Senator or Assemblyman.

NRS 293.182 Writtenchallenges concerning qualifications of candidates.

NRS 293.184 Penaltyfor knowingly and willfully making false statement on declaration or acceptanceof candidacy.

NRS 293.185 Officesfor filing declarations, certificates and acceptances of candidacies.

NRS 293.187 Certificationof names of persons for whom candidacy papers have been filed by Secretary ofState to county clerks.

NRS 293.190 Certificationto county clerks by Secretary of State of names of certain persons nominated.

NRS 293.193 Filingfees.

NRS 293.194 Returnof filing fee to certain candidates.

NRS 293.195 Nonpartisanoffices.

NRS 293.196 Eachoffice of justice of the Supreme Court constitutes separate office fornomination and election.

NRS 293.197 Eachdepartment of district court constitutes separate office for nomination andelection; ballots used in certain counties.

NRS 293.198 Eachdepartment of Justice Court constitutes separate office for nomination andelection.

NRS 293.200 Independentcandidates: Qualification; petition of candidacy; time limit for challenge;declaration of candidacy.

NRS 293.202 Withdrawalof candidacy.

NRS 293.203 Contentsand publication of notice of primary or general election.

NRS 293.204 Timefor filing declaration or acceptance of candidacy for special election.

ELECTION PRECINCTS

NRS 293.205 Establishment,abolishment, alteration and consolidation; boundaries.

NRS 293.206 Submissionof maps to Secretary of State and Legislative Counsel Bureau; determination ofstatutory compliance; revisions.

NRS 293.207 Establishmenton basis of number of voters therein; maximum number for precinct using paperballots or mechanical voting system; consolidation of precincts.

NRS 293.208 Limitationson creation, division, abolition, consolidation and alteration during certainperiods; exceptions.

NRS 293.209 Creationor change of election district during certain period in year of general orgeneral city election prohibited; annexation not prohibited during year ofelection.

NRS 293.210 Establishmentof new election precinct: Petition and conditions.

NRS 293.213 Mailingprecincts; absent ballot mailing precincts.

ELECTION BOARDS

NRS 293.217 Appointmentof officers by county clerk; appointment of deputy sheriffs for elections;appointment of trainees.

NRS 293.2175 Appointmentof pupil as trainee: Qualifications; requirements; duties; compensation.

NRS 293.218 Recommendationsby chairman of election board of persons for service on election board.

NRS 293.219 Recommendationsby political parties of persons for service on election board.

NRS 293.220 Deliveryof notice of appointment to officer or trainee.

NRS 293.223 Noticeof unwillingness to serve as officer or trainee; appointment of replacement.

NRS 293.225 Continuingpowers and duties of election boards; reserve officers of election board;procedure for filling vacancies.

NRS 293.227 Numberof members; duties; restrictions upon participation of trainees; chairmen.

NRS 293.230 Dutiesin precinct or district where less than 200 registered voters and paper ballotsused; appointment and duties of central election board for mailing precincts.

NRS 293.233 Appointmentand duties of voting board and counting board in precinct or district wherethere are 200 or more registered voters and paper ballots are used.

NRS 293.235 Appointmentand duties of absent ballot central counting board; no central election boardif absent ballot central counting board appointed.

NRS 293.243 Numberof officers on absent ballot central counting board; appointment of deputysheriff; absent ballot central counting board under direction of county clerk.

NRS 293.245 Placingof absent ballots in ballot box.

REGULATION OF ELECTIONS

NRS 293.247 Regulationsof Secretary of State for conduct of elections; interpretations; distributionof information to county and city clerks.

NRS 293.250 Secretaryof State to prescribe procedure for registration of voters by computer and formof ballots, other documents and papers; printed matter on ballots; authority ofcounty clerks to divide paper ballots and prescribe color for ballots and votingreceipts.

CONSTITUTIONAL AND STATEWIDE MEASURES

NRS 293.252 Appointmentof committees to prepare arguments advocating and opposing approval ofconstitutional amendments and statewide measures proposed by initiative orreferendum; duties of committees; regulations; review of arguments.

NRS 293.253 Publication:Duties of Secretary of State and county clerk; costs.

VOTERS BILL OF RIGHTS

NRS 293.2543 Shorttitle.

NRS 293.2546 Legislativedeclaration of voters rights.

NRS 293.2549 Dutiesof Secretary of State and of county and city clerks.

BALLOTS

NRS 293.256 Namesof candidates on ballots not to include title, designation of profession oroccupation.

NRS 293.2565 Useof given names, surnames and nicknames on ballot; use of additional criteria todistinguish between candidates having same or similar surnames.

NRS 293.257 Separateprimary ballots; placement of candidates names.

NRS 293.260 Declarationof nominees: Omission and appearance of names on primary ballot; appearance ofnames on general ballot.

NRS 293.262 Absentballot or ballot voted in mailing precinct: Methods in which ballot is to bevoted.

NRS 293.263 Primaryballot for major political party: Form; names of candidates to be groupedalphabetically; exception.

NRS 293.265 Nonpartisanprimary ballot: Form; names of candidates to be grouped alphabetically;exception.

NRS 293.267 Ballotfor general election: Form; names of candidates to be grouped alphabetically;exception; order of appearance of certain statewide measures.

NRS 293.2673 Ballotto indicate date of election and at which election ballot will be used.

NRS 293.268 Orderof listing offices, candidates and questions on ballots.

NRS 293.269 Ballotsfor statewide offices or President and Vice President must permit voter toregister opposition to all candidates.

NRS 293.2693 Votereducation program to be provided in county or city using paper ballots or punchcards.

VOTING SYSTEMS GENERALLY

NRS 293.2696 Generalrequirements for voting systems; duties of Secretary of State and of county andcity clerks.

NRS 293.2699 Votingsystems used by counties and cities: Voting materials to be provided in Englishand other languages in accordance with federal law.

VOTING AT POLLS

NRS 293.270 Votingby printed ballot or other approved or authorized system; write-in votingprohibited.

NRS 293.272 Votingin person required for voter who registered to vote by mail; exceptions.

NRS 293.2725 Voterwho registered to vote by mail and has not previously voted in election forfederal office in Nevada: Prerequisites to voting at polling place and tovoting by mail; applicability of section; exceptions.

NRS 293.273 Timefor opening and closing polls; duties of officers of election board.

NRS 293.2735 Establishmentof polling place for precinct in residential development exclusively forelderly persons.

NRS 293.2738 Pollingplace not to be established in any building named for candidate appearing onballot.

NRS 293.274 Membersof general public allowed to observe conduct of voting at polling place;photographing or otherwise recording conduct of voting by members of generalpublic prohibited.

NRS 293.275 Possessionof election board register by election board required for performance ofboards duties.

NRS 293.277 Conditionsfor entitlement of person to vote; forms of identification to identifyregistered voter.

NRS 293.283 Identificationof registered voter who is unable to sign name.

NRS 293.285 Deliveryof ballot to voter.

NRS 293.287 Announcementof name and political affiliation of registered voter; challenges; nonpartisanballot at primary election.

NRS 293.293 Procedurefor voting by paper ballot; duties of election board officer upon receipt ofvoted ballot.

NRS 293.2955 Accessibilityof polling place, ballot and election materials to persons who are elderly andto persons with disabilities; provision of mechanical recording device torecord votes electronically; alternative placement of specially equipped votingdevices at central locations.

NRS 293.296 Assistanceto voter who is physically disabled or unable to read or write English.

NRS 293.297 Replacementand cancellation of spoiled ballot; change of vote on mechanical recordingdevice.

NRS 293.300 Returnof ballot not voted; cancellation.

NRS 293.301 Postingof alphabetical listing of registered voters at polling place; tearing ordefacing alphabetical listing prohibited; penalty.

NRS 293.302 Postingof notice of death of candidate at polling place.

NRS 293.3025 Postingof copies of certain other information and documents at polling place.

NRS 293.303 Challenges.

NRS 293.3035 Noticeof result of challenge.

NRS 293.304 Votingby person successfully challenged on grounds of residency.

NRS 293.305 Closingof polls; admission of voters and other persons.

NRS 293.307 Dutiesof voting board before adjournment.

VOTING BY PROVISIONAL BALLOT

NRS 293.3081 Castingof provisional ballot: General conditions; declaration or application.

NRS 293.3082 Castingof provisional ballot: Specific prerequisites; completion of writtenaffirmation; contents of affirmation; provision of receipt; notation on roster;provisional ballot limited to purpose of voting for candidates for federaloffices.

NRS 293.3083 Castingof ballot by mail to vote for candidate for federal office; treatment asprovisional ballot under certain circumstances.

NRS 293.3084 Countyand city clerks to establish certain procedures relating to provisionalballots.

NRS 293.3085 Canvassand counting of provisional ballots.

NRS 293.3086 Freeaccess system to provide information to voter casting provisional ballot.

ABSENT BALLOT VOTING

NRS 293.309 Absentballots: Preparation; reasonable accommodations for use by elderly or disabledpersons; time for distribution; legal actions not to prevent issuance.

NRS 293.3095 Distributionof forms to request absent ballots.

NRS 293.310 Requestand receipt of absent ballot allows voting only by absent ballot; exception;county clerk to notify election board if absent ballot issued.

NRS 293.313 Personsentitled to absent ballot; fraud or coercion in obtaining ballot prohibited;penalty.

NRS 293.315 Limitationon time to apply for absent ballot; public inspection authorized; issuance ofabsent ballot; immunity of county clerk.

NRS 293.3155 Useof special absent ballot by person who resides outside of continental UnitedStates.

NRS 293.3157 Registeredvoter residing outside continental United States may request absent ballot byfacsimile machine; regulations.

NRS 293.316 Applicationfor absent ballot because of illness, disability or absence: Requirements; deliveryof ballot; voting procedure.

NRS 293.3165 Applicationfor absent ballot because of physical disability: Requirements; votingprocedure.

NRS 293.317 Invalidabsent ballots.

NRS 293.320 Countyclerk to determine if applicant is registered voter; application by ArmedForces personnel; county clerk to provide applicant with reason for rejectionunder certain circumstances.

NRS 293.323 Deliveryof absent ballot and voting supplies; regulations.

NRS 293.325 Dutiesof county clerk upon receipt of absent ballot from voter: Recording receipt;deposit of voted ballot; delivery for counting.

NRS 293.330 Procedurefor voting after requesting absent ballot; unlawful return of ballot; penalty.

NRS 293.333 Procedurefor depositing absent ballot in ballot box.

NRS 293.335 Emptyenvelopes and rejected ballots to be returned to county clerk.

NRS 293.340 Dutyof county clerk to provide ballot box for each ballot listing if absent ballotcentral counting board appointed; deposit of voted ballots.

VOTING IN MAILING PRECINCTS

NRS 293.343 Eligibilityof certain voters to vote by mail; effect of county clerk designating precinctas mailing precinct.

NRS 293.345 Dutyof county clerk to mail official mailing ballots to registered voters.

NRS 293.350 Enrollmentof eligible voters name; procedure for mailing of ballot and voting suppliesby county clerk.

NRS 293.353 Markingand return of mailing ballot by voter.

NRS 293.355 Dutiesof county clerk upon receipt of envelope which contains mailing ballot.

EARLY VOTING BY PERSONAL APPEARANCE

NRS 293.356 Issuanceof ballot; location at which ballot must be voted; procedure to be followed byelection board.

NRS 293.3561 Countyclerk to establish criteria for selection of permanent and temporary pollingplaces for early voting by personal appearance.

NRS 293.3564 Permanentpolling places for early voting.

NRS 293.3568 Periodfor early voting; hours for permanent polling places.

NRS 293.3572 Temporarybranch polling places: Authority of county clerk to establish; hours during whichvoting may be conducted; legal rights and remedies of property owners orlessors not affected by presence of polling places.

NRS 293.3576 Scheduleof locations and times for early voting.

NRS 293.358 Appointmentof deputy clerks.

NRS 293.3583 Mechanicalrecording devices: Preparation before polls open each day.

NRS 293.3585 Procedurefor voting.

NRS 293.359 Ballotboxes for paper ballots or ballots voted by punching card; seals.

NRS 293.3594 Securityprecautions.

NRS 293.3598 Ballotboard.

NRS 293.3602 Custodyof paper ballots or ballots voted by punching card; observation by generalpublic of handling of ballots.

NRS 293.3604 Mechanicalrecording devices: Duties of election board at close of each voting day; dutiesof 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 beforepolls close prohibited; penalty.

NRS 293.3608 Countyclerk to ensure that mechanical recording devices used for early voting providerecord of number of votes; delivery of records and other items to centralcounting place.

NRS 293.361 Electioneeringprohibited near polling place; penalty.

RETURNS AND CANVASS

NRS 293.3625 Recordmade by county clerk of receipt at central counting place of sealed containerused to transport official ballots.

NRS 293.363 Preparationby counting board to count paper ballots or ballots voted by punching card.

NRS 293.365 Accountingof all ballots required before count begun.

NRS 293.367 Rejectionof ballot; regulations for counting ballots.

NRS 293.3673 Errorsin information on certain form not grounds for rejection of absent ballot.

NRS 293.3677 Standardsfor counting votes; regulations.

NRS 293.368 Countingof votes cast for deceased candidate.

NRS 293.370 Procedurefor completion of tally lists.

NRS 293.373 Dutiesof officers of counting board after tally lists completed if paper ballots orballots voted by punching card used.

NRS 293.383 Postingof copies of result of votes cast.

NRS 293.384 Withdrawalof absent ballots from ballot boxes before election day; verification of propernumber of absent ballots by counting board or absent ballot central countingboard; procedure for counting.

NRS 293.385 Withdrawalof absent ballots from ballot boxes on election day; verification of propernumber and counting of absent ballots by counting board or absent ballotcentral counting board; reporting results of count; disseminating informationabout count before polls close prohibited; penalty.

NRS 293.387 Canvassof returns; abstract of votes.

NRS 293.388 Abstractof votes: Transmission to public libraries or posting upon website.

NRS 293.389 Inclusionof inactive voters in reports of votes prohibited.

NRS 293.391 Dispositionand inspection of ballots, pollbooks, lists, voting receipts, stubs and recordsof voted ballots after canvass by county commissioners.

NRS 293.393 Preparationof abstracts of votes cast at general election or other statewide election;certificates of election.

NRS 293.395 Transmissionof copy of certified abstract of votes and mechanized report to Secretary ofState; canvass of vote by justices of Supreme Court; Governor to grantcertificates of election and issue proclamations.

NRS 293.397 Prohibitionsagainst withholding certificate of election or commission.

TIES, RECOUNTS AND CONTESTS

NRS 293.400 Determinationof winner if tie vote; recounts.

NRS 293.403 Recountof vote: Demand; advance deposit of costs.

NRS 293.404 Employmentand duties of recount board; persons present; count of ballots; recountsaffecting more than one county.

NRS 293.405 Costsof recount; commencement and completion of recount; limitation on additionalrecount.

NRS 293.407 Filingof written statement of contest with clerk of district court; verification.

NRS 293.410 Dismissalof statement of contest; grounds for contest.

NRS 293.413 Timefor filing statement of contest; precedence of election contest; referral tospecial master.

NRS 293.415 Depositionsin election contests; trial and submission of matter.

NRS 293.417 Judgmentof court in election contest.

NRS 293.420 Courtcosts.

NRS 293.423 Recountof ballots at hearing of contest.

NRS 293.425 Contestof general election for office of Assemblyman or Senator: Statement of contestand other documents and materials to be filed with Secretary of State; abilityof contestant to amend statement of contest; list of witnesses; depositions, investigationand presentation of evidence.

NRS 293.427 Contestof general election for office of Assemblyman or Senator: Seating of candidatewith highest number of votes; withdrawal of statement of contest; hearing anddeciding of contest by appropriate house of Legislature; certificates ofelection; remedy.

NRS 293.430 Contestof general election for office of Governor, Lieutenant Governor or justice ofSupreme Court: Filing of documents and other evidence with Secretary of State;seating of candidate; duties of Secretary of State and Legislature; withdrawalof contest.

NRS 293.433 Decisionof contest for office of Governor, Lieutenant Governor or justice of SupremeCourt by Senate and Assembly in joint session.

NRS 293.435 Certificateof election delivered after decision.

ELECTION EXPENSES

NRS 293.437 Designationof polling places.

NRS 293.440 Listof persons registered to vote in precinct, district or county: Distribution ofcopies; contents; limitation on printing costs; request for and use bycommittees of political parties; fees.

NRS 293.442 ElectionFund: Creation; deposit of money in Fund; disposition of interest and income;authority of Secretary of State to disburse, expend and receive money; paymentof claims.

NRS 293.443 Electionexpenses.

NRS 293.445 Expensesfor assistants to county or city clerk.

NRS 293.446 Compensationof officer of election board for delivery of election returns to county or cityclerk.

NRS 293.447 Employmentof messenger to convey election returns to Secretary of State; compensation.

NRS 293.460 Compensationof officers of election board, deputy sheriffs and other employees.

MISCELLANEOUS PROVISIONS

NRS 293.462 Constructionof containers used to transport official ballots.

NRS 293.463 Employeesmay absent themselves from employment to vote: Procedure; penalty.

NRS 293.464 Court-orderedextension of deadline for voting.

NRS 293.465 Lossor destruction of ballots, or other cause preventing election in precinct ordistrict; new election.

NRS 293.468 Secretaryof State to provide election materials in usable format for elderly or disabledperson.

NRS 293.4685 Certainadditional duties of Secretary of State; county and city clerks to provideinformation requested by Secretary of State.

NRS 293.4687 Websitemaintained by Secretary of State for public information relating to elections;requirements.

NRS 293.4689 Websitemaintained by county clerk for public information relating to elections;requirements.

NRS 293.469 Countyclerks encouraged to provide election information and materials in usableformat for elderly or disabled person.

NRS 293.471 Addressof business that receives or distributes mail to be provided to county clerk.

NRS 293.480 Limitationon inspection of ballots after return to county or city clerk.

NRS 293.481 Governingbody of political subdivision, public or quasi-public corporation, or otherlocal agency submitting question to voters required to submit certain documentsand information to county and city clerks; fee to cover cost of placingquestion and associated information on ballot.

NRS 293.4815 Transmissionof question to be presented to voters to Secretary of State.

NRS 293.482 Advisoryquestions: Submission to voters by certain governmental entities; prerequisitesto placement on ballot; fiscal note; appearance on sample ballot; preparationof sample questions.

REGISTRATION OF VOTERS; REGISTRARS

NRS 293.485 Qualificationof voter: Citizenship, age and residence.

NRS 293.486 Determinationof address at which voter actually resides.

NRS 293.487 Whenresidence not gained or lost.

NRS 293.490 Residencenot lost upon removal from county or precinct.

NRS 293.493 Lossof residence upon removal to another state, territory or foreign country.

NRS 293.495 Presumptionof intention to abandon residence.

NRS 293.497 Residenceof head of family.

NRS 293.500 Lossof residence upon removal from State with intention to remain elsewhere forindefinite time.

NRS 293.5002 Registrationof person with fictitious address: Form of application; maintenance ofapplication by Secretary of State and county clerk.

NRS 293.501 Useof form provided by Federal Government by elector who resides outside Nevada.

NRS 293.502 Registrationof certain persons recently discharged from Armed Forces of the United States.

NRS 293.503 Countyclerk is ex officio county registrar; custody of documents relating toregistration; official records of office of county clerk; maintenance ofrecords; time limitation on program to remove names of ineligible persons;availability of records for public inspection; confidential information.

NRS 293.5035 Designationby county clerk of building owned or leased by county as county facility atwhich electors may register to vote.

NRS 293.504 Voterregistration agencies: Creation; duties; duty of Secretary of State tocooperate with Secretary of Defense to allow persons to register at militaryrecruitment offices.

NRS 293.5045 Voterregistration agencies: Prohibited acts; penalty.

NRS 293.505 Appointment,powers and duties of field registrars; prohibited acts of field registrars,clerks, employees of voter registration agencies or persons assisting voters;penalty.

NRS 293.5055 Registrationof voter outside boundaries of county.

NRS 293.5057 Registrationof nonresident to vote for office of President and Vice President.

NRS 293.506 Registrationof voters by computer.

NRS 293.507 Formsfor application to register to vote; requirements for forms; use of certainnumbers to identify voter; regulations.

NRS 293.508 Formsfor application to register to vote must include option to receive sampleballot in larger type.

NRS 293.509 Countyclerk authorized to provide form for application to register to vote uponrequest; requirements for request; records to be kept by county clerk inresponse to request.

NRS 293.510 Electionboard register; registrar of voters register.

NRS 293.511 Registerkept by computer to include all information in original applications toregister to vote.

NRS 293.513 Electormay register for other elections despite closing of registration for impendingelection.

NRS 293.517 Registrationof elector; issuance of voter registration card.

NRS 293.518 Electorto indicate affiliation or nonaffiliation with political party at time ofvoting; duties of county clerk or field registrar of voters in listingelectors affiliation or lack thereof; electors party to be listed asnonpartisan if elector makes no indication.

NRS 293.520 Registrationor reregistration of elector who is unable to sign name.

NRS 293.523 Registrationof naturalized citizen.

NRS 293.5235 Registrationof voters by mail; penalty.

NRS 293.5237 Registrationof person at home by field registrar.

NRS 293.524 Registrationat time of application for issuance or renewal of drivers license oridentification card; use of forms submitted to Department to correctinformation in registrar of voters register; regulations.

NRS 293.525 Voteafter residence changed but registration not transferred; affirmation byelector; use of information regarding current address to correct registrar ofvoters register.

NRS 293.527 Noticeof cancellation of registration when elector moves to another county.

NRS 293.530 Correctionof statewide voter registration list; authority of county clerk to makeinvestigations; county clerk to cancel registration of voter under certaincircumstances; maintenance of records regarding notices of cancellation;designation of voter as inactive; regulations.

NRS 293.5303 Dataconcerning change of address of registered voter: Agreement with United StatesPostal Service or other authorized person for use of data by county clerk.

NRS 293.5307 Dataconcerning change of address of registered voter: Identification of registeredvoter who has moved; notices to registered voter.

NRS 293.533 Actionto compel registration.

NRS 293.535 Cancellationof registration: Affidavit of person stating elector is not citizen of UnitedStates or has abandoned residence in county; notice to registrant.

NRS 293.537 Applicationsto register to vote of electors who have cancelled registration: Preservation;microfilming; destruction; reinstatement if cancelled erroneously.

NRS 293.540 Circumstancesin which county clerk is required to cancel registration of voter.

NRS 293.541 Additionalcircumstances in which county clerk is required to cancel registration ofvoter; notice to voter; exception to notice requirement if insufficient timeexists before election; voting after execution of affidavit of cancellation;separation of ballots.

NRS 293.542 Notificationthat registered voter has been adjudicated insane or mentally incompetent bydistrict court.

NRS 293.543 Reregistrationafter cancellation of registration.

NRS 293.547 Writtenchallenges.

NRS 293.548 Withdrawalof written challenge or affidavit.

NRS 293.550 Registrationof electors enlisted or inducted into Armed Forces of the United States:Appearance before county clerk or field registrar.

NRS 293.553 Registrationof electors in service of United States or attending school: Application bymail, telephone or telegram.

NRS 293.555 Registrationof spouse or dependent of elector who is in service of United States.

NRS 293.557 Publicationof list of registered voters.

NRS 293.558 Disclosureof identification numbers to public; county clerk prohibited from disclosingsocial security number, drivers license number or identification card number;registered voter may request that address and telephone number be withheld frompublic.

NRS 293.560 Closeof registration; election; hours office of county clerk to be open during lastdays before registration closes; publication of day registration closes;offices of county clerk, certain county facilities and ex officio registrarsallowed to be open on last Friday of October in even-numbered years; electorrequired to register to vote in person during certain period; hours ofoperation for county facility for voter registration.

NRS 293.563 Electionboard register of precinct or district: Preparation; delivery.

NRS 293.565 Sampleballots: Contents; mailing; printing of text of constitutional amendments;notice of location of polling place; notice if location of polling placechanged; cost of mailing responsibility of political subdivision.

NRS 293.567 Numberof registered voters in county to be transmitted by county clerk to Secretaryof State before primary and general elections.

STATEWIDE VOTER REGISTRATION LIST

NRS 293.675 Establishmentand maintenance of list; requirements pertaining to list; duties of county andcity clerks; cooperative agreement with Department of Motor Vehicles;verification of information in conjunction with Social Security Administration.

UNLAWFUL ACTS AND PENALTIES

NRS 293.700 Briberyof elector.

NRS 293.710 Intimidationof voters.

NRS 293.720 Suppressionof or failure to file nomination paper by public officer.

NRS 293.730 Interferingwith conduct of election; unauthorized delivery, receipt, identification,display or removal of ballot.

NRS 293.740 Solicitingvotes and electioneering inside polling place or within certain distance frompolling place prohibited; penalty.

NRS 293.750 Removalor destruction of election supplies or equipment.

NRS 293.755 Tamperingor interfering with certain election equipment or computer programs used tocount ballots; report of violation to district attorney.

NRS 293.760 Alteration,defacement or removal of posted results of votes cast.

NRS 293.770 Refusalof person sworn by election board to answer questions.

NRS 293.780 Votingmore than once at same election.

NRS 293.790 Offerto vote by person whose vote has been rejected.

NRS 293.800 Actsconcerning registration of voters; violations of laws governing elections;crimes by public officers.

NRS 293.805 Compensationfor registration of voters based upon number of voters or voters of aparticular party registered.

NRS 293.810 Registrationin more than one county at one time.

NRS 293.820 Solicitationof contribution for political organization without prior approval or charter.

NRS 293.830 Bettingon election.

NRS 293.840 Civilpenalty.

_________

GENERAL PROVISIONS

NRS 293.010 Definitions. As used in this title, unless the context otherwiserequires, the words and terms defined in NRS293.013 to 293.121, inclusive, havethe 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)

NRS 293.013 Absentballot defined. Absent ballot means aballot voted by a person who expects to be or is absent from the polling placefor his precinct or district on election day.

(Added to NRS by 1960, 235; A 1991, 2217)

NRS 293.015 Absentvoter defined. Absent voter means aregistered voter who has received or who has voted an absent ballot.

(Added to NRS by 1960, 235; A 1987, 690)

NRS 293.016 Abstractof votes defined. Abstract of votes means acompilation of votes cast for a particular candidate by office and precinct.

(Added to NRS by 1975, 935)

NRS 293.017 Activeregistration defined. Active registrationmeans a current registration of a voter in the official register, entitlingsuch voter to vote in the manner provided by this title.

(Added to NRS by 1960, 235)

NRS 293.025 Ballotdefined. Ballot means the record of avoters preference of candidates and questions voted upon at an election. Theterm includes, without limitation, any paper given to a voter upon which heplaces his vote, a punch card which records the vote of a voter and electronicstorage tapes.

(Added to NRS by 1960, 236; A 1995, 2774)

NRS 293.030 Ballotlisting defined. Ballot listing means thelist of the names of candidates as they appear on the ballot.

(Added to NRS by 1960, 236)

NRS 293.032 Canvassdefined. Canvass means a review of theelection results by the board of county commissioners or the mayor and citycouncil or the justices of the Supreme Court, by which any errors within theelection results are officially noted and the official election results aredeclared.

(Added to NRS by 1975, 935; A 1987, 334)

NRS 293.033 Centralcommittee defined. Central committee meansthe county or the state authority of a major political party.

(Added to NRS by 1960, 236; A 1989, 221)

NRS 293.034 Certificateof election defined. Certificate ofelection 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 anydistrict, county, township, city, state or statewide office as officialrecognition of the persons election to office.

(Added to NRS by 1975, 935; A 1987, 334)

NRS 293.035 Challengelist defined. Challenge list means a formfurnished election board officers to be used in making a record of allchallenges.

(Added to NRS by 1960, 236)

NRS 293.038 Cityof population category one defined. City ofpopulation category one means a city:

1. Organized pursuant to the provisions of chapter 266 of NRS; or

2. Incorporated pursuant to a special charter,

whosepopulation is 50,000 or more.

(Added to NRS by 1997, 2776; A 1999, 262; 2001, 633)

NRS 293.0382 Cityof population category two defined. City ofpopulation category two means a city:

1. Organized pursuant to the provisions of chapter 266 of NRS; or

2. Incorporated pursuant to a special charter,

whosepopulation is more than 5,000 and less than 50,000.

(Added to NRS by 1999, 262; A 2001, 633)

NRS 293.0384 Cityof population category three defined. Cityof 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,

whosepopulation is 5,000 or less.

(Added to NRS by 1999, 262; A 2001, 633)

NRS 293.040 Clerkdefined. Clerk means the election board officerdesignated or assigned to make the record of the election in the pollbook,tally list and challenge list in the precinct or district in which such officeris appointed.

(Added to NRS by 1960, 236; A 2001, 2946)

NRS 293.042 Contestdefined. Contest means an adversaryproceeding between a candidate for a public office who has received thegreatest number of votes and any other candidate for that office or, in certaincases, any registered voter of the appropriate political subdivision, for thepurpose of determining the validity of an election.

(Added to NRS by 1975, 935)

NRS 293.044 Countyclerk defined; synonymous with registrar of voters in certain counties. Except as the term is used in NRS 293.393, whenever the term countyclerk is used in this title it means registrar of voters in those countieswhere such office has been created pursuant to the provisions of NRS 244.164.

(Added to NRS by 1965, 670; A 1983, 925)(Substitutedin revision for NRS 293.092)

NRS 293.046 Deputyclerk defined. Deputy clerk means a deputyclerk for early voting who is appointed pursuant to NRS 293.358 to serve as the electionofficer in charge of the polling place for early voting.

(Added to NRS by 1993, 2167)

NRS 293.050 Electionboard officer defined. Election boardofficer means a person appointed to assist in the conduct of an election.

(Added to NRS by 1960, 236)

NRS 293.053 Electionboard register defined. Election boardregister means the record of registered voters provided to election boards.

(Added to NRS by 1960, 236; A 1995, 2257)

NRS 293.055 Electordefined. Elector means a person who iseligible to vote under the provisions of Section 1 of Article 2 of theConstitution of the State of Nevada.

(Added to NRS by 1960, 236)

NRS 293.056 Facsimilemachine defined. Facsimile machine means adevice that sends or receives a reproduction or facsimile of a document or photographwhich is transmitted electronically or telephonically by telecommunicationslines.

(Added to NRS by 2001, 2946)

NRS 293.057 Filingofficer defined. Filing officer means theSecretary of State, county or city clerk or any other officer authorized by lawto receive designations and declarations of candidacy, certificates andacceptances of nomination or any other nomination papers.

(Added to NRS by 1960, 236; A 1987, 334)

NRS 293.059 Generalcity election defined. General cityelection means an election held pursuant to NRS 293C.115, 293C.140 or 293C.145. The term includes a generalmunicipal election held pursuant to the provisions of a special charter of anincorporated city.

(Added to NRS by 1987, 334; A 1997, 3447; 2003, 674)

NRS 293.060 Generalelection defined. General election meansthe election held pursuant to NRS293.12755.

(Added to NRS by 1960, 236; A 1987, 334)

NRS 293.063 Independentcandidate defined. Independent candidatemeans a candidate who has been nominated for a partisan office but who is registeredwith 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 Judicialoffice defined. Judicial office means theoffice filled by any judicial officer.

(Added to NRS by 1961, 296)

NRS 293.0643 Judicialofficer defined. Judicial officer means anyjustice of the Supreme Court, any judge of a district court or any justice ofthe peace.

(Added to NRS by 1961, 296)

NRS 293.065 Maildefined. Mail means the depositing ofprinted or written matter in a mailbox or post office for delivery by theUnited States Postal Service.

(Added to NRS by 1960, 236; A 1987, 712)

NRS 293.0655 Majorpolitical party defined. Major politicalparty means any organization which qualifies as such pursuant to NRS 293.128.

(Added to NRS by 1989, 221)

NRS 293.0657 Mechanicalrecording device defined. Mechanical recordingdevice has the meaning ascribed to it in NRS293B.032.

(Added to NRS by 1995, 2772)

NRS 293.0659 Mechanicalvoting system defined. Mechanical votingsystem has the meaning ascribed to it in NRS293B.033.

(Added to NRS by 1995, 2772)

NRS 293.066 Minorpolitical party defined. Minor politicalparty means any organization which qualifies as such pursuant to NRS 293.171.

(Added to NRS by 1987, 1359)

NRS 293.0675 Nonpartisanoffice defined. Nonpartisan office means anelected office for which a political party may not nominate a candidate.

(Added to NRS by 1995, 2772)

NRS 293.068 Oathdefined. Oath includes affirmation.

(Added to NRS by 1961, 296)

NRS 293.070 Physicaldisability defined. Physical disabilitymeans blindness or any other physical handicap making it impracticable to casta ballot.

(Added to NRS by 1960, 237; A 1961, 285; 1985, 1092)

NRS 293.073 Politicalparty defined. Political party means anyminor or major political party.

(Added to NRS by 1960, 237; A 1963, 1382; 1971, 434;1987, 1361; 1989, 221)

NRS 293.075 Pollbookdefined. Pollbook means the form furnishedelection board officers to be used for recording the names of the registeredvoters issued ballots, the number on each ballot issued and whether or not suchballots were voted.

(Added to NRS by 1960, 237)

NRS 293.077 Precinctdefined. Precinct means the smallest votingarea in a political subdivision.

(Added to NRS by 1960, 237)

NRS 293.079 Primarycity election defined. Primary cityelection means an election held pursuant to NRS 293C.115 or 293C.175. The term includes a primarymunicipal election held pursuant to the provisions of a special charter of anincorporated city.

(Added to NRS by 1987, 334; A 1997, 3447; 2003, 674)

NRS 293.080 Primaryelection defined. Primary election meansthe election held pursuant to NRS 293.175.

(Added to NRS by 1960, 237; A 1975, 374; 1983, 1116;1987, 334)

NRS 293.090 Registeredvoter defined. Registered voter means anelector who has completed the procedure prescribed by law for registration as avoter.

(Added to NRS by 1960, 237)

NRS 293.0925 Registrarof voters register defined. Registrar of votersregister means the record of registered voters kept by the county clerk.

(Added to NRS by 1973, 351; A 1995, 2257)

NRS 293.093 Regularvotes defined. Regular votes means thevotes cast by registered voters, except votes cast by absent ballot.

(Added to NRS by 1960, 237)

NRS 293.094 Rejectedballot defined. Rejected ballot means aballot that must not be counted because it is rejected by the election board orcounting board for any reason required or authorized by this chapter.

(Added to NRS by 1961, 296; A 1997, 749)

NRS 293.095 Rosterdefined. Roster means the form furnishedelection board officers to be used for obtaining the signature of each personapplying for a ballot.

(Added to NRS by 1960, 237)

NRS 293.097 Sampleballot defined. Sample ballot means adocument distributed by a county or city clerk upon which is printed afacsimile of a ballot. The term includes any such document which is printed bya computer.

(Added to NRS by 1960, 237; A 1987, 334, 690)

NRS 293.100 Schooloffice defined. School office means anoffice filled by a school officer.

(Added to NRS by 1960, 237)

NRS 293.103 Schoolofficers defined. School officers means theBoard of Regents of the University of Nevada, members of the State Board of Educationand school district trustees.

(Added to NRS by 1960, 237; A 1993, 388)

NRS 293.105 Serviceof the United States defined. Service of theUnited States means the Armed Forces of the United States and the auxiliariesthereof, the United States Coast Guard, the merchant marine service of theUnited States, civilian employment by the Federal Government beyond theboundaries of the State of Nevada, and religious groups and welfare agenciesofficially attached to and serving with the Armed Forces of the United States.

(Added to NRS by 1960, 237)

NRS 293.107 Spoiledballot defined. Spoiled ballot means aballot defaced by a voter and exchanged for a new one.

(Added to NRS by 1960, 237)

NRS 293.109 Stateofficer defined. State officer means:

1. The Governor;

2. The Lieutenant Governor;

3. The Secretary of State;

4. The State Treasurer;

5. The State Controller;

6. The Attorney General;

7. A justice of the Supreme Court;

8. A State Senator;

9. A State Assemblyman;

10. A regent of the University of Nevada;

11. A member of the State Board of Education; or

12. A district judge.

(Added to NRS by 1993, 2167)

NRS 293.111 Statewidevoter registration list defined. Statewidevoter registration list means the list of registered voters established andmaintained pursuant to NRS 293.675.

(Added to NRS by 2003, 2168)

NRS 293.113 Tallylist and tally book defined. Tally listor tally book means the forms furnished election board officers to be used intallying or recording the number of votes cast for each candidate and questionon the ballot as such votes are called in counting.

(Added to NRS by 1960, 237)

NRS 293.115 Townshipoffice defined. Township office is anoffice filled by a township officer.

(Added to NRS by 1960, 238)

NRS 293.117 Townshipofficer defined. Township officer means apublic official elected in a township to serve the township.

(Added to NRS by 1960, 238)

NRS 293.121 Votingdistrict defined. Voting district means anarea formed by the consolidation of two or more contiguous precincts.

(Added to NRS by 1961, 296)

NRS 293.124 Secretaryof State to serve as Chief Officer of Elections; regulations.

1. The Secretary of State shall serve as the ChiefOfficer of Elections for this State. As Chief Officer, the Secretary of Stateis responsible for the execution and enforcement of the provisions of title 24of NRS and all other provisions of state and federal law relating to electionsin this State.

2. The Secretary of State shall adopt such regulationsas are necessary to carry out the provisions of this section.

(Added to NRS by 1993, 2664; A 1995, 2257)

NRS 293.126 Applicabilityof chapter to city elections. The provisionsof this chapter, not inconsistent with the provisions of chapter 293C of NRS or a city charter, apply tocity elections.

(Added to NRS by 1997, 3447)

NRS 293.127 Liberalconstruction of title and determination of real will of electors.

1. This title must be liberally construed to the endthat:

(a) All electors, including, without limitation,electors who are elderly or disabled, have an opportunity to participate inelections and to cast their votes privately;

(b) An eligible voter with a physical or mentaldisability is not denied the right to vote solely because of the physical ormental disability; and

(c) The real will of the electors is not defeated byany informality or by failure substantially to comply with the provisions ofthis title with respect to the giving of any notice or the conducting of anelection or certifying the results thereof.

2. For purposes of counting a vote, the real will ofan elector must be determined pursuant to NRS293.3677 or 293C.369 orregulations adopted pursuant to NRS293.3677 or 293C.369.

(Added to NRS by 1960, 238; A 1963, 1372; 2001, 1434, 2025; 2003, 149, 152)

NRS 293.1273 Facsimileof signature created by computer to verify or compare signature. In any county where registrations are performed andrecords are kept by computer, a facsimile of a voters signature that iscreated by a computer may be used if a verification or comparison of thesignature is required by any provision of this title.

(Added to NRS by 1993, 2168)

NRS 293.1275 Countingof Saturdays, Sundays and holidays in computing certain periods of time;exceptions.

1. Except as otherwise provided in this section, incomputing any period of time specified for the execution of an act or event inthis title, Saturdays, Sundays, legal holidays and holidays proclaimed by theGovernor must be counted.

2. If the last day limited for filing any paper mentionedin this title falls on a Saturday, Sunday, legal holiday or any holidayproclaimed by the Governor, the period so limited must expire on the followingbusiness day at 5 p.m.

3. Saturdays,Sundays and holidays must not be counted if the provision specifying the periodstates that:

(a) Any suchdays 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 onthe first Tuesday after the first Monday of November in each even-numberedyear.

(Added to NRS by 1987, 334)

CIRCULATION AND SUFFICIENCY OF CERTAIN PETITIONS

NRS 293.12756 Informationalpamphlet concerning petitions; fee.

1. The Secretary of State shall prepare aninformational pamphlet describing the requirements for filing and circulatingpetitions. The pamphlet must also contain a sample of a petition to demonstratean acceptable format for a petition.

2. The pamphlets must be made available to the publicand must be distributed to any person who requests a pamphlet upon payment ofthe applicable fee, if any. The Secretary of State may impose a fee for the pamphletin an amount not to exceed the cost to produce the pamphlet.

(Added to NRS by 1993, 2664)

NRS 293.127565 Useof public buildings to gather signatures on petitions; remedy for violation;regulations.

1. At each building that is open to the general publicand occupied by the government of this State or a political subdivision of thisState or an agency thereof, other than a building of a public elementary orsecondary school, an area must be designated for the use of any person togather signatures on a petition at any time that the building is open to thepublic. The area must be reasonable and may be inside or outside of thebuilding. Each public officer or employee in control of the operation of abuilding governed by this subsection shall:

(a) Designate the area at the building for thegathering of signatures; and

(b) On an annual basis, submit to the Secretary ofState and the county clerk for the county in which the building is located anotice of the area at the building designated for the gathering of signatureson a petition. The Secretary of State and the county clerks shall makeavailable to the public a list of the areas at public buildings designated forthe gathering of signatures on a petition.

2. Before a person may use an area designated pursuantto subsection 1, the person must notify the public officer or employee incontrol of the operation of the building governed by subsection 1 of the datesand times that the person intends to use the area to gather signatures on apetition. The public officer or employee may not deny the person the use of thearea.

3. Not later than 3 working days after the date of thedecision that aggrieved the person, a person aggrieved by a decision made by apublic officer or employee pursuant to subsection 1 or 2 may appeal thedecision to the Secretary of State. The Secretary of State shall review thedecision to determine whether the public officer or employee violatedsubsection 1 or 2. If the Secretary of State determines a public officer oremployee violated subsection 1 or 2 and that a person was denied the use of apublic building for the purpose of gathering signatures on a petition, the Secretaryof State shall order that the deadline for filing the petition providedpursuant to NRS 293.128, 293.165, 293.172,293.200, 295.056, 298.109,306.035 or 306.110 must be extended for a period equalto the time that the person was denied the use of a public building for thepurpose of gathering signatures on a petition, but in no event may the deadlinebe extended for a period of more than 5 days.

4. The decision of the Secretary of State is a finaldecision for the purposes of judicial review. Not later than 7 days after thedate of the decision by the Secretary of State, the decision of the Secretaryof State may only be appealed in the First Judicial District Court. If theFirst Judicial District Court determines that the public officer or employeeviolated subsection 1 or 2 and that a person was denied the use of a publicbuilding for the purpose of gathering signatures on a petition, the Court shallorder that the deadline for filing the petition provided pursuant to NRS 293.128, 293.165, 293.172,293.200, 295.056, 298.109,306.035 or 306.110 must be extended for a period equalto the time that the person was denied the use of a public building for thepurpose of gathering signatures on a petition, but in no event may the deadlinebe extended for a period of more than 5 days.

5. The Secretary of State may adopt regulations tocarry out the provisions of subsection 3.

(Added to NRS by 2001, 1347; A 2005, 1432, 2828)

NRS 293.12757 Qualificationto sign petition. A person may sign a petitionrequired under the election laws of this State on or after the date he isdeemed to be registered to vote pursuant to subsection 5 of NRS 293.517 or subsection 7 of NRS 293.5235.

(Added to NRS by 1999, 3546; A 2005, 2829)

NRS 293.12758 Receiptissued by county clerk; requirements for petition.

1. The county clerk shall issue a receipt to anyperson 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 declaresare 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 atthe same time.

3. The county clerk shall not accept a petition unlesseach page of the petition is numbered.

4. Each signature on the petition must be signed inink. The county clerk shall disregard any signature which is not signed in ink.

5. As used in this section, document includesmaterial which is separately compiled and bound together and may consist of oneor more sheets of paper.

(Added to NRS by 1993, 2664)

NRS 293.1276 Countyclerk to forward number of signatures to Secretary of State; notice of failureto file required number of signatures; handling of petition.

1. Within 4 days, excluding Saturdays, Sundays andholidays, after the submission of a petition containing signatures which arerequired to be verified pursuant to NRS293.128, 293.165, 293.172, 293.200,295.056, 298.109, 306.035or 306.110, the county clerk shalldetermine the total number of signatures affixed to the documents and forwardthat information to the Secretary of State.

2. If the Secretary of State finds that the totalnumber of signatures filed with all the county clerks is less than 100 percentof the required number of registered voters, he shall so notify the person whosubmitted the petition and the county clerks and no further action may be takenin 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 theofficer with whom the petition is to be filed.

3. After the petition is submitted to the countyclerk, it must not be handled by any other person except by an employee of thecounty clerks office until it is filed with the Secretary of State.

(Added to NRS by 1985, 1090; A 1987, 1361; 1993,2665; 1997, 750; 1999,2147)

NRS 293.1277 Verificationof signatures by county clerks.

1. If the Secretary of State finds that the totalnumber of signatures submitted to all the county clerks is 100 percent or moreof the number of registered voters needed to declare the petition sufficient,he shall immediately so notify the county clerks. Within 9 days, excludingSaturdays, Sundays and holidays, after notification, each of the county clerksshall determine the number of registered voters who have signed the documentssubmitted in his county.

2. If more than 500 names have been signed on thedocuments submitted to him, a county clerk shall examine the signatures bysampling them at random for verification. The random sample of signatures to beverified must be drawn in such a manner that every signature which has beensubmitted to the county clerk is given an equal opportunity to be included inthe sample. The sample must include an examination of at least 500 or 5 percentof the signatures, whichever is greater.

3. In determining from the records of registration thenumber of registered voters who signed the documents, the county clerk may usethe signatures contained in the file of applications to register to vote. Ifthe county clerk uses that file, he shall ensure that every application in thefile is examined, including any application in his possession which may not yetbe entered into his records. The county clerk shall rely only on the appearanceof the signature and the address and date included with each signature inmaking his determination.

4. Except as otherwise provided in subsection 6, uponcompleting the examination, the county clerk shall immediately attach to thedocuments a certificate properly dated, showing the result of his examinationand transmit the documents with the certificate to the Secretary of State. Acopy of this certificate must be filed in the clerks office. When the countyclerk transmits the certificate to the Secretary of State, the county clerkshall notify the Secretary of State of the number of requests to remove a namereceived by the county clerk pursuant to NRS295.055 or 306.015.

5. A person who submits a petition to the county clerkwhich is required to be verified pursuant to NRS293.128, 293.165, 293.172, 293.200,295.056, 298.109, 306.035or 306.110 must be allowed to witnessthe verification of the signatures. A public officer who is the subject of arecall petition must also be allowed to witness the verification of thesignatures on the petition.

6. For any petition containing signatures which arerequired to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035or 306.110 for any county, district ormunicipal office within one county, the county clerk shall not transmit to theSecretary of State the documents containing the signatures of the registeredvoters.

7. The Secretary of State may by regulation establishfurther procedures for carrying out the provisions of this section.

(Added to NRS by 1985, 1090; A 1987, 1361; 1993,2665; 1995, 2257; 1997, 750; 1999, 2147; 2001, 641)

NRS 293.1278 Qualificationor disqualification of petition upon receipt of certificates or amendedcertificates by Secretary of State.

1. If the certificates received by the Secretary ofState from all the county clerks establish that the number of valid signaturesis less than 90 percent of the required number of registered voters, thepetition shall be deemed to have failed to qualify, and the Secretary of Stateshall immediately so notify the petitioners and the county clerks.

2. If those certificates establish that the number ofvalid signatures is equal to or more than the sum of 100 percent of the numberof registered voters needed to make the petition sufficient plus the totalnumber of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the petition shall be deemed toqualify 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 thecounty clerks.

3. If the certificates establish that the petitionershave 100 percent or more of the number of registered voters needed to make thepetition 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 ofState. If the amended certificates establish that the petitioners have 100percent or more of the number of registered voters needed to make the petitionsufficient, the petition shall be deemed to qualify as of the date of receiptby the Secretary of State of the amended certificates, and the Secretary ofState shall immediately so notify the petitioners and the county clerks.

(Added to NRS by 1985, 1091; A 1993, 2666; 2001, 642)

NRS 293.1279 Qualificationor disqualification of petition upon verification of signatures.

1. If the statistical sampling shows that the numberof valid signatures filed is 90 percent or more, but less than the sum of 100percent of the number of signatures of registered voters needed to declare thepetition sufficient plus the total number of requests to remove a name receivedby the county clerks pursuant to NRS 295.055or 306.015, the Secretary of State shallorder the county clerks to examine the signatures for verification. The countyclerks shall examine the signatures for verification until they determine that100 percent of the number of signatures of registered voters needed to declarethe petition sufficient are valid. If the county clerks received a request toremove a name pursuant to NRS 295.055 or306.015, the county clerks may notdetermine that 100 percent of the number of signatures of registered votersneeded to declare the petition sufficient are valid until they have removedeach name as requested pursuant to NRS295.055 or 306.015.

2. If the statistical sampling shows that the numberof valid signatures filed in any county is 90 percent or more but less than thesum of 100 percent of the number of signatures of registered voters needed toconstitute 10 percent of the number of voters who voted at the last precedinggeneral election in that county plus the total number of requests to remove aname received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the Secretary of State may orderthe county clerk in that county to examine every signature for verification. Ifthe county clerk received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerk may not determinethat 100 percent or more of the number of signatures of registered votersneeded to constitute 10 percent of the number of voters who voted at the lastpreceding general election in that county are valid until he has removed eachname as requested pursuant to NRS 295.055or 306.015.

3. Within 12 days, excluding Saturdays, Sundays andholidays, after receipt of such an order, the county clerk shall determine fromthe records of registration what number of registered voters have signed thepetition. If necessary, the board of county commissioners shall allow thecounty clerk additional assistants for examining the signatures and provide fortheir compensation. In determining from the records of registration what numberof registered voters have signed the petition, the county clerk must use thestatewide voter registration list. The county clerk may rely on the appearanceof the signature and the address and date included with each signature indetermining the number of registered voters that signed the petition.

4. Except as otherwise provided in subsection 5, uponcompleting the examination, the county clerk shall immediately attach to thedocuments of the petition an amended certificate, properly dated, showing theresult of the examination and shall immediately forward the documents with theamended certificate to the Secretary of State. A copy of the amendedcertificate must be filed in the county clerks office.

5. For any petition containing signatures which arerequired to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035or 306.110 for any county, district ormunicipal office within one county, the county clerk shall not forward to theSecretary of State the documents containing the signatures of the registeredvoters.

6. Except for a petition to recall a county, districtor municipal officer, the petition shall be deemed filed with the Secretary ofState as of the date on which he receives certificates from the county clerksshowing the petition to be signed by the requisite number of voters of theState.

7. If the amended certificates received from allcounty clerks by the Secretary of State establish that the petition is stillinsufficient, he shall immediately so notify the petitioners and the countyclerks. If the petition is a petition to recall a county, district or municipalofficer, the Secretary of State shall also notify the officer with whom thepetition is to be filed.

(Added to NRS by 1985, 1091; A 1985, 551; 1987, 1362;1993, 2666; 1997, 751; 1999,2148; 2001, 642;2003, 2174)

NRS 293.12793 Appealwith Secretary of State contesting verification of votes; notification ofpublic officer who is subject of petition to recall; consideration andinvestigation of allegations.

1. If the Secretary of State determines that the totalnumber of signatures that the county clerks have certified pursuant to NRS 293.1277 or 293.1279 is less than 100 percent of thenumber of registered voters needed to make the petition sufficient, the personwho submitted the petition may contest the verification of the signatures byfiling an appeal with the Secretary of State. The appeal must:

(a) Be filed within 5 working days after receipt ofnotification 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, ifany, 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 publicofficer who is the subject of the petition of the appeal by the person whosubmitted the petition; and

(b) Consider the allegations and conduct aninvestigation, if necessary.

(Added to NRS by 1993, 2664; A 1997, 752; 1999, 3546)

NRS 293.12795 Actionby Secretary of State upon review of appeal; judicial review of decision ofSecretary of State.

1. If an appeal is based upon the results of theverification of signatures on a petition performed pursuant to NRS 293.1277 or 293.1279, the Secretary of State shall:

(a) If he finds for the appellant, order the countyclerk to recertify the petition, including as verified signatures all contestedsignatures which the Secretary of State determines are valid. If the countyclerk has not yet removed each name as requested pursuant to NRS 295.055 or 306.015, the county clerk shall do sobefore recertifying the petition.

(b) If he does not find for the appellant, notify theappellant and the county clerk that the petition remains insufficient.

2. If the Secretary of State is unable to make adecision on the appeal based upon the documents submitted to him, the Secretaryof State may order the county clerk to reverify the signatures.

3. The decision of the Secretary of State is a finaldecision for the purposes of judicial review. The decision of the Secretary ofState 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 Procedurefor qualification.

1. To qualify as a major political party, anyorganization must, under a common name:

(a) On January 1 preceding any primary election, havebeen designated as a political party on the applications to register to vote ofat least 10 percent of the total number of registered voters in this State; or

(b) File a petition with the Secretary of State notlater than the last Friday in April before any primary election signed by anumber of registered voters equal to or more than 10 percent of the totalnumber of votes cast at the last preceding general election for the offices ofRepresentative in Congress.

2. If a petition is filed pursuant to paragraph (b) ofsubsection 1, the names of the voters need not all be on one document, but eachdocument of the petition must be verified by the circulator thereof to theeffect that the signers are registered voters of this State according to hisbest information and belief and that the signatures are genuine and were signedin his presence. Each document of the petition must bear the name of a county,and only registered voters of that county may sign the document. The documentswhich are circulated for signature must then be submitted for verificationpursuant to NRS 293.1276 to 293.1279, inclusive, not later than 25working days before the last Friday in April preceding a primary election.

3. In addition to the requirements set forth insubsection 1, each organization which wishes to qualify as a political partymust file with the Secretary of State a certificate of existence which includesthe:

(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 partyto act as resident agent in this State.

4. A political party shall file with the Secretary ofState an amended certificate of existence within 5 days after any change in theinformation 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)

NRS 293.130 Countyconventions: Place; notice.

1. On the dates set by the respective state centralcommittees in each year in which a general election is to be held, a countyconvention of each major political party must be held at the county seat ofeach county or at such other place in the county as the county centralcommittee designates.

2. The county central committee of each majorpolitical party shall cause notice of the holding of the county convention ofits party to be published in one or more newspapers, if any, published in thecounty. The notice must be in substantially the following form:

 

NOTICE OF.....(NAME OFPARTY).....CONVENTION

 

Notice is hereby given that the county Convention ofthe ................ Party for ................ County will be held at................ in ................, on the ..day of the month of ofthe year ; that at the convention delegates to the ........ State Conventionwill be elected, a county central committee to serve for the ensuing 2 yearswill be chosen, and other party affairs may be considered; that delegates tosuch county convention will be chosen at ........(name of party)........precinct meetings to be held in each voting precinct in the county on or beforethe ..... day of the month of of the year ..; and that a votingprecinct is entitled to a number of delegates in proportion to the number ofregistered voters of the ................ Party residing in the precinct as setforth in NRS 293.133.

 

County Central Committee of.................................................... County,Nevada

By.................................................................................................. (ItsChairman)

And............................................................................................... (ItsSecretary)

 

(Added to NRS by 1960, 238; A 1971, 434; 1987, 1364;1989, 222; 1993, 2173; 2001,50)

NRS 293.133 Numberof delegates from voting precincts to county convention.

1. The number of delegates from each voting precinctin each county to the county convention of any major political party for thatcounty must be in proportion to the number of registered voters of that partyresiding in the precinct as follows:

(a) In the counties in which the total number ofregistered voters of that party has not exceeded 400, each precinct is entitledto one delegate for each 5 registered voters.

(b) In counties in which the total number of registeredvoters of that party has exceeded 400 but has not exceeded 600, each precinctis entitled to one delegate for each 8 registered voters.

(c) In counties in which the total number of registeredvoters of that party has exceeded 600 but has not exceeded 800, each precinctis entitled to one delegate for each 10 registered voters.

(d) In counties in which the total number of registeredvoters of that party has exceeded 800 but has not exceeded 1,400, each precinctis entitled to one delegate for each 15 registered voters.

(e) In counties in which the total number of registeredvoters of that party has exceeded 1,400 but has not exceeded 2,000, eachprecinct is entitled to one delegate for each 20 registered voters or majorfraction thereof.

(f) In counties in which the total number of registeredvoters of that party has exceeded 2,000 but has not exceeded 3,000, eachprecinct is entitled to one delegate for each 30 registered voters or majorfraction thereof.

(g) In counties in which the total number of registeredvoters of that party has exceeded 3,000 but has not exceeded 4,000, eachprecinct is entitled to one delegate for each 35 registered voters or majorfraction thereof.

(h) In counties in which the total number of registeredvoters of that party has exceeded 4,000, each precinct is entitled to onedelegate for each 50 registered voters or major fraction thereof.

2. The county clerk shall determine the number ofregistered voters of each party in each precinct as of January 1 of each yearin which a convention is held, and shall notify the Secretary of State and thecounty central committee of each major political party of those numbers within30 days after the determinative date.

3. In all counties, every precinct is entitled to atleast one delegate to each county convention.

(Added to NRS by 1960, 239; A 1967, 1206; 1969, 456;1971, 435; 1973, 593; 1975, 375; 1981, 1738; 1989, 222; 2003, 1702)

NRS 293.135 Precinctmeetings of registered voters before county convention: Time and place; notice.

1. The county central committee of each majorpolitical party in each county shall have a precinct meeting of the registeredvoters of the party residing in each voting precinct entitled to delegates inthe county convention called and held on or before the fifth day preceding thedates set by the respective state central committees in each year in which ageneral election is held.

2. The meeting must be held in one of the followingplaces in the following order of preference:

(a) Any public building within the precinct if themeeting is for a single precinct, or any public building which is in reasonableproximity to the precincts and will accommodate a meeting of two or moreprecincts; or

(b) Any private building within the precinct or one ofthe precincts.

3. The county central committee shall give notice ofthe meeting by:

(a) Posting in a conspicuous place outside the buildingwhere the meeting is to be held at least 5 days before the date of the meeting;and

(b) Publishing at least 5 days before the date ofmeeting in one or more newspapers of general circulation in the precinct,published in the county, if any are so published.

4. The notice must be printed in conspicuous displayadvertising format of not less than 10 column inches, and must include thefollowing language, or words of similar import:

 

Notice to All VotersRegistered

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 precinctmeeting held for each precinct. All persons registered in the party andresiding in the precinct are entitled to attend the precinct meeting. Delegatesto your partys county convention will be elected at the meeting by those inattendance. Set forth below are the time and place at which your precinctmeeting will be held, together with the number of delegates to be elected fromeach precinct. If you wish to participate in the organization of your party forthe 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 tobe 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)

NRS 293.137 Electionof delegates to county convention; procedure if precinct fails to electdelegates; certificates given to elected delegates; party to adopt proceduralrules.

1. Promptly at the time and place appointed therefor,the mass meeting must be convened and organized for each precinct. If access tothe premises appointed for any such meeting is not available, the meeting maybe convened at an accessible place immediately adjacent thereto. The meetingmust be conducted openly and publicly and in such a manner that it is freelyaccessible to any registered voter of the party calling the meeting who residesin the precinct and is desirous of attending the meeting, until the meeting isadjourned. At the meeting the delegates to which the members of the partyresiding in the precinct are entitled in the partys county convention must beelected by ballot. The result of the election must be certified to the countyconvention of the party by the chairman and the secretary of the meeting uponthe forms specified in subsection 3.

2. At the precinct meetings, the delegates andalternates to the partys convention must be elected. If a meeting is not heldfor a particular precinct at the location specified, that precinct must bewithout representation at the county convention unless the meeting wasscheduled, 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 ofdelegate is vacant. If a position of delegate is vacant, it must be filled bythe designated alternate, if any. If there is no designated alternate, thecounty central committee shall appoint a delegate from among the qualifiedmembers of the party residing in the precinct in which the vacancy occurred,and the secretary of the county central committee shall certify the appointeddelegate to the county convention.

3. The county central committee shall prepare andnumber serially a number of certificate forms equal to the total number ofdelegates to be elected throughout the county, and deliver the appropriatenumber to each precinct meeting. Each certificate must be in duplicate. Theoriginal must be given to the elected delegate, and the duplicate transmittedto the county central committee.

4. All duplicates must be delivered to the chairman ofthe preliminary credentials committee of the county convention. Every delegatewho presents a certificate matching one of the duplicates must be seatedwithout dispute.

5. Each major political party shall adopt writtenrules not less than 95 days before the date set by the state central committeeor fixed by law for the county convention or by January 1 of the calendar yearof the national convention or conference, whichever is earlier, governing, butnot limited to, the following procedures:

(a) The selection, rights and duties of committees of aconvention;

(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)

NRS 293.140 Countyconventions: Manner of organization; authorized action of delegates.

1. At a time and date set by the respective statecentral committees in each year in which a general election is to be held, thedelegates so elected to each party county convention shall convene at thecounty seat, or at such other place in the county as the county centralcommittee shall designate, and there organize, elect the delegates to which theregistered voters of the party residing in the county are entitled in the stateconvention of the party, and elect the members of the county central committeeof their party for the ensuing term. They may also adopt a county platform andtake such other action, consistent with the provisions of this chapter,pertaining to the affairs of their party in that county, as they may deemproper.

2. The manner of organizing each convention must be asfollows:

(a) The county central committee shall, before the dateof the convention, designate a preliminary credentials committee to examine thecredentials of all persons claiming to be delegates. All such persons whosecredentials are not in dispute must be seated as delegates.

(b) The persons so seated shall elect a temporarychairman, who shall appoint a temporary secretary and a credentials committeeto examine and report on all cases of disputed credentials.

(c) When all such disputes have been determined, theconvention shall complete its organization and adopt its agenda.

3. The chairman and the secretary of each countyconvention shall certify to the state convention the result of the election bythe 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 Countycentral committee: Number; change in membership.

1. The county central committee of a major politicalparty to be elected by the county convention of the party must consist of suchnumber of members as may be determined by the convention, but each votingprecinct, entitled to one or more delegates in the convention, is entitled tohave at least one committeeman and no precinct may have more committeemen thanits authorized number of delegates to the county convention.

2. After the county convention of the party, thecomposition of the county central committee may be changed by the countycentral committee to reflect changes in the organization of precincts and inthe number of registered voters of the party, using the same standards adoptedby 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 Numberof delegates to state convention. The numberof delegates to the state convention of each party which shall be chosen ateach county convention of such party shall be one delegate for each 150registered voters of that party, or major fraction of such number, residing insuch county; but each county shall be entitled to at least one delegate.

(Added to NRS by 1960, 240; A 1967, 1208)

NRS 293.150 Stateconventions: Place and actions; additional conventions.

1. The delegates elected to the state convention ofeach major political party by the several county conventions of that partyshall convene on such respective dates as the state central committees of theparties designate in each year in which the general election is to be held, at theState Capital, or at such other place in the State as the state centralcommittee of that party designates. The delegates shall there organize, adopt astate party platform, and elect a state central committee for that party forthe ensuing term and the chairman thereof.

2. The state central committee of each major politicalparty may convene additional state conventions of its party at such times andplaces as it designates during the period between the state conventions, asprovided in subsection 1, and the next ensuing precinct meetings, as providedin NRS 293.135. The composition of thedelegates at those conventions must be the same as that certified pursuant tosubsection 3 of NRS 293.140.

(Added to NRS by 1960, 241; A 1973, 595; 1987, 335,1366; 1989, 225)

NRS 293.153 Numberof members of state central committee. Thestate central committee of each major political party shall consist of as manyregistered voters affiliated with the party as may be determined by the stateconvention of the party, but there must be at least one member from each countyin the State.

(Added to NRS by 1960, 241; A 1971, 437; 1989, 226)

NRS 293.155 Rulesof county and state conventions; delegate must be qualified elector; unit ruleof voting prohibited.

1. Except as otherwise prescribed in this chapter, thestate and county party conventions may each adopt its own rules, and each isthe judge of the election of its own delegates.

2. No person may act as a delegate at any conventionunless he is a duly qualified elector of the county or precinct which he seeksto represent.

3. Adoption or application of the so-called unit ruleof 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 themajority of delegates from that precinct or precincts, county or counties, andagainst the protest of a minority of the delegates, in the proceedings of anystate or county party convention is prohibited.

(Added to NRS by 1960, 241; A 1981, 1698)

NRS 293.157 Stateand county central committees: Terms of office; termination of membership;vacancies.

1. The state and county central committeemen shallserve for 2 years and until their successors have been elected.

2. The membership of a member of a county or statecentral committee may be terminated only for cause by a vote of a majority ofthe membership present at a regular meeting of the committee.

3. If such membership is terminated or if any positionon the county or state central committee remains unfilled at the county orstate convention, the position, if filled, must be filled by a vote of amajority of the membership present at a regular or special meeting of thecommittee.

4. If a vacancy occurs among the officers of a countyor state central committee, the vacancy must be filled by the membershippresent by ballot at a regular or special meeting of the committee.

(Added to NRS by 1960, 241; A 1987, 1515)

NRS 293.160 Stateand county central committees: Election of officers and executive committee;other powers.

1. Each state central committee and each countycentral committee may elect from its membership an executive committee andshall, except as otherwise provided in this chapter, choose its officers byballot.

2. Any elections to choose the officers of a countycentral committee must be held, beginning in 1983, in odd-numbered years andduring regular meetings of the committee. The terms of officers so elected are2 years, and the officers are eligible for reelection to their positions. Theofficers shall assume their offices and serve as provided in the bylaws andregulations of the central committee.

3. Each committee and its officers have general chargeof the affairs of the party in the State or county, as the case may be, andhave 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 Rightof participation as delegate to county or state convention or member of countyor state central committee. A persons rightto participate or vote as a delegate to a county or state convention or as a memberof a county or state central committee may not be conditioned upon the paymentof money, except that a reasonable fee may be charged to attend a county orstate convention.

(Added to NRS by 1987, 1515)

NRS 293.163 Selectionof delegates and alternates to national party convention and members ofnational committee by state convention in presidential election year.

1. In presidential election years, on the call of anational party convention, but one set of party conventions and but one stateconvention shall be held on such respective dates and at such places as thestate central committee of the party shall designate. If no earlier dates arefixed, the state convention shall be held 30 days prior to the date set for thenational convention and the county conventions shall be held 60 days prior tothe date set for the national convention.

2. Delegates to such conventions shall be selected inthe same manner as prescribed in NRS 293.130to 293.160, inclusive, except as totime, and each convention shall have and exercise all of the power granted itunder NRS 293.130 to 293.160, inclusive. In addition to suchpowers granted it, the state convention shall select the necessary delegatesand alternates to the national convention of the party, and, if consistent withthe rules and regulations of the party, shall select the national committeemanand committeewoman of the party from the State of Nevada.

(Added to NRS by 1960, 242; A 1995, 2623)

NRS 293.165 Procedurefor filling vacancy in major or minor political party nomination or nonpartisannomination.

1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a majoror minor political party nomination for a partisan office may be filled by acandidate designated by the party central committee of the county or State, asthe case may be, of the major political party or by the executive committee ofthe minor political party subject to the provisions of subsections 4 and 5.

2. A vacancy occurring in a nonpartisan nominationafter the close of filing and on or before 5 p.m. of the second Tuesday in Junemust be filled by filing a nominating petition that is signed by registeredvoters of the State, county, district or municipality who may vote for theoffice in question. The number of registered voters who sign the petition mustnot be less than 1 percent of the number of persons who voted for the office inquestion in the State, county, district or municipality at the last precedinggeneral election. The petition must be filed not earlier than the first Tuesdayin May and not later than the fourth Tuesday in June. The petition may consistof more than one document. Each document must bear the name of one county andmust be signed only by a person who is a registered voter of that county andwho may vote for the office in question. Each document of the petition must besubmitted for verification pursuant to NRS293.1276 to 293.1279, inclusive, tothe county clerk of the county named on the document. A candidate nominatedpursuant to the provisions of this subsection:

(a) Must file a declaration of candidacy or acceptanceof candidacy and pay the statutory filing fee on or before the date thepetition is filed; and

(b) May be elected only at a general election, and hisname must not appear on the ballot for a primary election.

3. A vacancy occurring in a nonpartisan nominationafter 5 p.m. of the second Tuesday in June and on or before 5 p.m. on the firstTuesday after the primary election must be filled by the person who receivesthe next highest vote for the nomination in the primary.

4. No change may be made on the ballot for the generalelection after 5 p.m. on the first Tuesday after the primary election of theyear in which the general election is held. If a nominee dies after that timeand date, his name must remain on the ballot for the general election and, ifelected, a vacancy exists.

5. All designations provided for in this section mustbe filed on or before 5 p.m. on the first Tuesday after the primary election.In each case, the statutory filing fee must be paid and an acceptance of thedesignation must be filed on or before 5 p.m. on the date the designation isfiled.

(Added to NRS by 1960, 242; A 1965, 668; 1967, 845;1971, 437; 1981, 1698; 1989, 2159; 1993, 2174; 1995, 2774; 1999, 2149, 3547; 2001, 274, 2947; 2003, 1703; 2005, 1432)

NRS 293.166 Procedurefor filling vacancy in party nomination for office of State Senator orAssemblyman from multicounty legislative district.

1. A vacancy occurring in a party nomination for theoffice of State Senator or Assemblyman from a legislative district comprisingmore than one county may be filled as follows, subject to the provisions ofsubsections 2 and 3. The county commissioners of each county, all or part ofwhich is included within the legislative district, shall meet to appoint aperson who is of the same political party as the former nominee and whoactually, as opposed to constructively, resides in the district to fill thevacancy, under the chairmanship of the chairman of the board of county commissionersof the county whose population residing within the district is the greatest.Each board of county commissioners shall first meet separately and determinethe single candidate it will nominate to fill the vacancy. Then, the boardsshall meet jointly and the chairmen on behalf of the boards shall cast aproportionate number of votes according to the percent, rounded to the nearestwhole percent, which the population of its county is of the population of theentire district. Populations must be determined by the last decennial census orspecial census conducted by the Bureau of the Census of the United StatesDepartment of Commerce. The person who receives a plurality of these votes isappointed 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 agroup select one candidate, and the nominee must be chosen by drawing lotsamong the persons so selected.

2. No change may be made on the ballot after the firstTuesday after the primary election of the year in which the general election isheld. If a nominee dies after that date, his name must remain on the ballotand, if elected, a vacancy exists.

3. The designation of a nominee pursuant to thissection must be filed with the Secretary of State before 5 p.m. on the firstTuesday after the primary election, and the statutory filing fee must be paidwith the designation.

(Added to NRS by 1967, 1087; A 1971, 437; 1981, 1699;1989, 2159; 1999,2150; 2005, 1433)

NRS 293.167 Nominationof party candidates for United States Senator or Representative in Congress. Party candidates for United States Senator and Representativein Congress shall be nominated in the same manner as state officers arenominated.

(Added to NRS by 1960, 242)

MINOR POLITICAL PARTIES

NRS 293.171 Procedurefor qualification.

1. To qualify as a minor political party, anorganization must file with the Secretary of State a certificate of existencewhich 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 ofits candidates for partisan office with the Secretary of State.

2. A copy of the constitution or bylaws of the partymust be affixed to the certificate.

3. A minor political party shall file with theSecretary of State an amended certificate of existence within 5 days after anychange in the information contained in the certificate.

4. The constitution or bylaws of a minor politicalparty must provide a procedure for the nomination of its candidates in such amanner that only one candidate may be nominated for each office.

5. A minor political party whose candidates forpartisan office do not appear on the ballot for the general election must filea notice of continued existence with the Secretary of State not later than thesecond Friday in August preceding the general election.

6. A minor political party which fails to file anotice of continued existence as required by subsection 5 ceases to exist as aminor political party in this State.

(Added to NRS by 1987, 1359; A 1989, 2160; 1999, 3548)

NRS 293.1715 Procedureto place candidates names on ballot; limitation on number of candidates toappear on ballot.

1. The names of the candidates for partisan office ofa minor political party must not appear on the ballot for a primary election.

2. The names of the candidates for partisan office ofa minor political party must be placed on the ballot for the general electionif the party has filed a certificate of existence and a list of its candidatesfor partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of Stateand:

(a) At the last preceding general election, the minorpolitical party polled for any of its candidates for partisan office a numberof votes equal to or more than 1 percent of the total number of votes cast forthe offices of Representative in Congress;

(b) On January 1 preceding a primary election, theminor political party has been designated as the political party on theapplications to register to vote of at least 1 percent of the total number ofregistered voters in this State; or

(c) Not later than the second Friday in Augustpreceding the general election, files a petition with the Secretary of Statewhich is signed by a number of registered voters equal to at least 1 percent ofthe total number of votes cast at the last preceding general election for theoffices of Representative in Congress.

3. The name of a candidate for partisan office for aminor political party other than a candidate for the office of President orVice President of the United States must be placed on the ballot for thegeneral election if the party has filed:

(a) A certificate of existence;

(b) A list of candidates for partisan office containingthe name of the candidate pursuant to the provisions of NRS 293.1725 with the Secretary of State;and

(c) Not earlier than the first Monday in May precedingthe general election and not later than 5 p.m. on the second Friday after thefirst Monday in May, a petition on behalf of the candidate with the Secretaryof State containing not less than:

(1) Two hundred fifty signatures of registeredvoters if the candidate is to be nominated for a statewide office; or

(2) One hundred signatures of registered votersif the candidate is to be nominated for any office except a statewide office.

A minorpolitical party that places names of one or more candidates for partisan officeon the ballot pursuant to this subsection may also place the names of one ormore candidates for partisan office on the ballot pursuant to subsection 2.

4. The name of only one candidate of each minorpolitical party for each partisan office may appear on the ballot for a generalelection.

5. A minor political party must file a copy of thepetition required by paragraph (c) of subsection 2 or paragraph (c) ofsubsection 3 with the Secretary of State before the petition may be circulatedfor signatures.

(Added to NRS by 1987, 1360; A 1989, 2160; 1993,2174; 1995, 2259; 1999,1389, 3548;2003. 1641)

NRS 293.172 Contentsof petition required to place candidates names on ballot; limitation on whomay sign petition; requirements for signing.

1. A petition filed pursuant to subsection 2 or 3 of NRS 293.1715 may consist of more than onedocument. Each document of the petition must:

(a) Bear the name of the minor political party and, ifapplicable, the candidate and office to which the candidate is to be nominated.

(b) Include the affidavit of the person who circulatedthe document verifying that the signers are registered voters in this Stateaccording to his best information and belief and that the signatures aregenuine and were signed in his presence.

(c) Bear the name of a county and be submitted to thecounty clerk of that county for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25working days before the last day to file the petition. A challenge to the formof a document must be made in a district court in the county that is named onthe document.

(d) Be signed only by registered voters of the countythat is named on the document.

2. If the office to which the candidate is to benominated is a county office, only the registered voters of that county maysign the petition. If the office to which the candidate is to be nominated is adistrict office, only the registered voters of that district may sign thepetition.

3. Each person who signs a petition shall also providethe address of the place where he resides, the date that he signs and the nameof the county in which he is registered to vote.

4. The county clerk shall not disqualify the signatureof a voter who failed to provide all the information required by subsection 3if the voter is registered in the county named on the document.

(Added to NRS by 1987, 1360; A 1993, 2667; 1999, 1390, 3549)

NRS 293.1725 Candidates:Submission of list to Secretary of State; filing of declaration of candidacyand certificate of nomination.

1. Except as otherwise provided in subsection 4, aminor political party that wishes to place its candidates for partisan officeon the ballot for a general election and:

(a) Is entitled to do so pursuant to paragraph (a) or(b) of subsection 2 of NRS 293.1715;

(b) Files a petition pursuant to paragraph (c) ofsubsection 2 of NRS 293.1715; or

(c) Whose candidates are entitled to appear on theballot pursuant to subsection 3 of NRS293.1715,

must filewith the Secretary of State a list of its candidates for partisan office notearlier than the first Monday in May preceding the election nor later than 5p.m. on the second Friday after the first Monday in May. The list must besigned by the person so authorized in the certificate of existence of the minorpolitical party before a notary public or other person authorized to takeacknowledgments. The Secretary of State shall strike from the list eachcandidate who is not entitled to appear on the ballot pursuant to subsection 3of NRS 293.1715 if the minor politicalparty is not entitled to place candidates on the ballot pursuant to subsection2 of NRS 293.1715. The list may beamended not later than 5 p.m. on the second Friday after the first Monday inMay.

2. The Secretary of State shall immediately forward acertified copy of the list of candidates for partisan office of each minorpolitical party to the filing officer with whom each candidate must file hisdeclaration of candidacy.

3. Each candidate on the list must file hisdeclaration of candidacy with the appropriate filing officer and pay the feerequired by NRS 293.193 not earlier thanthe date on which the list of candidates for partisan office of his minorpolitical party is filed with the Secretary of State nor later than 5 p.m. onthe second Friday after the first Monday in May.

4. A minor political party that wishes to placecandidates for the offices of President and Vice President of the United Stateson the ballot and has qualified to place the names of its candidates forpartisan office on the ballot for the general election pursuant to subsection 2of NRS 293.1715 must file with theSecretary of State a certificate of nomination for these offices not later thanthe first Tuesday in September.

(Added to NRS by 1987, 1360; A 1989, 2161; 1993,2175; 1997, 316; 1999,1391, 3550; 2003, 1642)

NRS 293.174 Challengeof qualification.

1. If the qualification of a minor political party ischallenged, all affidavits and documents in support of the challenge must befiled not later than 5 p.m. on the third Friday in August. Any judicialproceeding resulting from the challenge must be set for hearing not more than 5days after the third Friday in August. A challenge pursuant to this subsectionmust be filed with the First Judicial District Court if the petition was filedwith the Secretary of State.

2. If the qualification of a candidate of a minorpolitical party other than a candidate for the office of President or VicePresident of the United States is challenged, all affidavits and documents insupport of the challenge must be filed not later than 5 p.m. on the fourthMonday in May. Any judicial proceeding resulting from the challenge must be setfor hearing not more than 5 days after the fourth Monday in May. A challengepursuant to this subsection must be filed with:

(a) The First Judicial District Court; or

(b) If a candidate who filed a declaration of candidacywith a county clerk is challenged, the district court for the county where thedeclaration of candidacy was filed.

(Added to NRS by 1987, 1361; A 1999, 1392)

NOMINATIONS

NRS 293.175 Dateof primary election; nomination of candidates; applicability of provisionsgoverning nominations.

1. The primary election must be held on the 12thTuesday before the general election in each even-numbered year.

2. Candidates for partisan office of a major politicalparty and candidates for nonpartisan office must be nominated at the primaryelection.

3. Candidates for partisan office of a minor politicalparty must be nominated in the manner prescribed pursuant to NRS 293.171 to 293.174, inclusive.

4. Independent candidates for partisan office must benominated in the manner provided in NRS293.200.

5. The provisions of NRS293.175 to 293.203, inclusive, donot apply to:

(a) Special elections to fill vacancies.

(b) The nomination of the officers of incorporatedcities.

(c) The nomination of district officers whosenomination is otherwise provided for by statute.

(Added to NRS by 1960, 243; A 1963, 1387; 1983, 1116;1985, 268; 1987, 1366; 1989, 226; 1999, 1392, 3550; 2001, 672; 2005, 1434)

NRS 293.1755 Residencyrequirements for candidates; penalty for knowingly and willfully making falsestatement concerning residency on declaration or acceptance of candidacy;exception.

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

2. Any person who knowingly and willfully files anacceptance of candidacy or declaration of candidacy which contains a falsestatement in this respect is guilty of a gross misdemeanor.

3. The provisions of this section do not apply tocandidates 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 Whencandidacy for major political party prohibited; exception.

1. Except as otherwise provided in subsection 2, noperson may be a candidate of a major political party for partisan office in anyelection if he has changed:

(a) The designation of his political party affiliation;or

(b) His designation of political party from nonpartisanto a designation of a political party affiliation,

on anapplication to register to vote in the State of Nevada or in any other stateduring the time beginning on December 31 preceding the closing filing date forthat election and ending on the date of that election whether or not hisprevious registration was still effective at the time of the change in partydesignation.

2. The provisions of subsection 1 do not apply to anyperson who is a candidate of a political party that was not qualified pursuantto NRS 293.171 on the December 31 nextpreceding the closing filing date for the election.

(Added to NRS by 1963, 1373; A 1971, 1551; 1979, 491;1987, 690; 1989, 2161; 1995, 75, 2259, 2775; 1997, 1607; 1999, 3551; 2001, 2947; 2005, 1434)

NRS 293.177 Declarationor acceptance of candidacy: Filing required before name may be printed onballot; form; contents; address of candidate; retention of proof of identityand residency; appointment of agent for service of process; investigation anddisqualification of candidate who has been convicted of felony and has not hadhis civil rights restored.

1. Except as otherwise provided in NRS 293.165, a name may not be printed on aballot to be used at a primary election unless the person named has filed adeclaration of candidacy or an acceptance of candidacy, and has paid the feerequired by NRS 293.193 not earlier thanthe first Monday in May of the year in which the election is to be held norlater than 5 p.m. on the second Friday after the first Monday in May.

2. A declaration of candidacy or an acceptance ofcandidacy required to be filed by this section must be in substantially thefollowing 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 officialballot as a candidate for the ................ Party nomination for the officeof , I, the undersigned .., do swear or affirm under penalty of perjurythat I actually, as opposed to constructively, reside at ., in the City orTown of ., County of ., State of Nevada; that my actual, as opposed toconstructive, residence in the State, district, county, township, city or otherarea prescribed by law to which the office pertains began on a date at least 30days immediately preceding the date of the close of filing of declarations ofcandidacy for this office; that my telephone number is ............, and theaddress at which I receive mail, if different than my residence, is .........;that I am registered as a member of the ................ Party; that I am aqualified elector pursuant to Section 1 of Article 2 of the Constitution of theState of Nevada; that if I have ever been convicted of treason or a felony, mycivil rights have been restored by a court of competent jurisdiction; that Ihave not, in violation of the provisions of NRS293.176, changed the designation of my political party or political partyaffiliation on an official application to register to vote in any state sinceSeptember 1 before the closing filing date for this election; that I generallybelieve in and intend to support the concepts found in the principles andpolicies of that political party in the coming election; that if nominated as acandidate of the ................ Party at the ensuing election, I will acceptthat nomination and not withdraw; that I will not knowingly violate anyelection law or any law defining and prohibiting corrupt and fraudulentpractices in campaigns and elections in this State; that I will qualify for theoffice if elected thereto, including, but not limited to, complying with anylimitation prescribed by the Constitution and laws of this State concerning thenumber of years or terms for which a person may hold the office; and that Iunderstand that my name will appear on all ballots as designated in thisdeclaration.

 

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

(Designationof name)

 

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

(Signatureof 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 officialballot 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 ., Countyof , State of Nevada; that my actual, as opposed to constructive, residencein the State, district, county, township, city or other area prescribed by lawto which the office pertains began on a date at least 30 days immediatelypreceding the date of the close of filing of declarations of candidacy for thisoffice; that my telephone number is ..........., and the address at which Ireceive mail, if different than my residence, is ..........; that I am aqualified elector pursuant to Section 1 of Article 2 of the Constitution of theState of Nevada; that if I have ever been convicted of treason or a felony, mycivil rights have been restored by a court of competent jurisdiction; that ifnominated as a nonpartisan candidate at the ensuing election, I will accept thenomination and not withdraw; that I will not knowingly violate any election lawor any law defining and prohibiting corrupt and fraudulent practices incampaigns and elections in this State; that I will qualify for the office ifelected thereto, including, but not limited to, complying with any limitationprescribed by the Constitution and laws of this State concerning the number ofyears or terms for which a person may hold the office; and my name will appearon all ballots as designated in this declaration.

 

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

(Designationof name)

 

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

(Signatureof 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 includedin the declaration of candidacy or acceptance of candidacy pursuant tosubsection 2 must be the street address of the residence where he actually, asopposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. Thedeclaration or acceptance of candidacy must not be accepted for filing if:

(a) The candidates address is listed as a post officebox unless a street address has not been assigned to his residence; or

(b) The candidate does not present to the filingofficer:

(1) A valid drivers license or identificationcard issued by a governmental agency that contains a photograph of thecandidate and the candidates residential address; or

(2) A current utility bill, bank statement,paycheck, or document issued by a governmental entity, including, withoutlimitation, a check, which indicates the candidates name and residentialaddress.

4. The filing officer shall retain a copy of the proofof 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 ordrivers license or identification card number of the candidate.

5. By filing the declaration or acceptance ofcandidacy, the candidate shall be deemed to have appointed the filing officerfor the office as his agent for service of process for the purposes of aproceeding pursuant to NRS 293.182.Service of such process must first be attempted at the appropriate address asspecified by the candidate in the declaration or acceptance of candidacy. Ifthe candidate cannot be served at that address, service must be made bypersonally delivering to and leaving with the filing officer duplicate copiesof the process. The filing officer shall immediately send, by registered orcertified mail, one of the copies to the candidate at his specified address,unless the candidate has designated in writing to the filing officer adifferent address for that purpose, in which case the filing officer shall mailthe copy to the last address so designated.

6. If the filing officer receives credible evidenceindicating that a candidate has been convicted of a felony and has not had hiscivil rights restored by a court of competent jurisdiction, the filing officer:

(a) May conduct an investigation to determine whetherthe candidate has been convicted of a felony and, if so, whether he has had hiscivil rights restored by a court of competent jurisdiction; and

(b) Shall transmit the credible evidence and thefindings from such investigation to the Attorney General, if the filing officeris the Secretary of State, or to the district attorney, if the filing officeris a person other than the Secretary of State.

7. The receipt of information by the Attorney Generalor district attorney pursuant to subsection 6 must be treated as a challenge ofa candidate pursuant to subsections 4 and 5 of NRS 293.182. If the ballots are printedbefore a court of competent jurisdiction makes a determination that a candidatehas been convicted of a felony and has not had his civil rights restored by acourt of competent jurisdiction, the filing officer must post a notice at eachpolling place where the candidates name will appear on the ballot informingthe voters that the candidate is disqualified from entering upon the duties ofthe office for which the candidate filed the declaration of candidacy oracceptance 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)

NRS 293.180 Certificatesof candidacy: Requirements; filing; acceptance of candidacy.

1. Ten or more registered voters may, not earlier thanthe first Monday in April nor later than 5 p.m. on the first Friday in May,file a certificate of candidacy designating any registered voter as a candidatefor his major political partys nomination for any partisan elective office, oras a candidate for nomination for any nonpartisan office. When the certificatehas been filed, the officer in whose office it is filed shall notify the personnamed in the certificate. If the person named in the certificate files anacceptance of candidacy and pays the required fee, as provided by law, he is acandidate in the primary election in like manner as if he had filed a declarationof candidacy.

2. If a certificate of candidacy relates to a partisanoffice, all of the signers must be of the same major political party as thecandidate designated.

(Added to NRS by 1960, 244; A 1963, 1387; 1971, 439;1983, 1117; 1987, 1366; 1989, 226, 1729)

NRS 293.181 Declarationof residency required of candidate for Office of State Senator or Assemblyman.

1. A candidate for the Office of State Senator orAssemblyman must execute and file with his declaration of candidacy oracceptance of candidacy a declaration of residency which must be insubstantially the following form:

 

I, the undersigned, do swear oraffirm under penalty of perjury that I have been a citizen resident of thisState as required by NRS 218.010 andhave actually, as opposed to constructively, resided at the following residenceor residences since November 1 of the preceding year:

 

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

Street Address StreetAddress

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

City or Town Cityor Town

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

State State

 

From................... To.................... From........................ To....................

Dates of Residency Datesof Residency

 

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

Street Address StreetAddress

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

City or Town Cityor Town

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

State State

 

From................... To.................... From........................ To....................

Dates of Residency Datesof Residency

(Attachadditional sheet or sheets of residences as necessary)

 

2. Each address of a candidate which must be includedin the declaration of residency pursuant to subsection 1 must be the streetaddress of the residence where he actually, as opposed to constructively,resided or resides in accordance with NRS281.050, if one has been assigned. The declaration of residency must not beaccepted for filing if any of the candidates addresses are listed as a postoffice 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 Writtenchallenges concerning qualifications of candidates.

1. After a person files a declaration of candidacy oran acceptance of candidacy to be a candidate for an office, and not later than5 days after the last day the person may withdraw his candidacy pursuant to NRS 293.202, an elector may file with thefiling officer for the office a written challenge of the person on the groundsthat the person fails to meet any qualification required for the officepursuant to the Constitution or a statute of this State, including, withoutlimitation, a requirement concerning age or residency. Before accepting thechallenge from the elector, the filing officer shall notify the elector that ifthe challenge is found by a court to be frivolous, the elector may be requiredto pay the reasonable attorneys fees and court costs of the challenged person.

2. A challenge filed pursuant to subsection 1 must:

(a) Indicate each qualification the person fails tomeet;

(b) Have attached all documentation and evidencesupporting the challenge; and

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

3. Upon receipt of a challenge pursuant to subsection1:

(a) The Secretary of State shall immediately transmitthe challenge to the Attorney General.

(b) A filing officer other than the Secretary of Stateshall immediately transmit the challenge to the district attorney.

4. If the Attorney General or district attorneydetermines that probable cause exists to support the challenge, the AttorneyGeneral or district attorney shall, not later than 5 working days afterreceiving the challenge, petition a court of competent jurisdiction to orderthe person to appear before the court. Upon receipt of such a petition, thecourt shall enter an order directing the person to appear before the court at ahearing, at a time and place to be fixed by the court in the order, to showcause why the challenge is not valid. A certified copy of the order must beserved upon the person. The court shall give priority to such proceedings overall other matters pending with the court, except for criminal proceedings.

5. If, at the hearing, the court determines by apreponderance of the evidence that the challenge is valid or that the personotherwise fails to meet any qualification required for the office pursuant tothe Constitution or a statute of this State, or if the person fails to appearat the hearing:

(a) The name of the person must not appear on anyballot for the election for the office for which he filed the declaration ofcandidacy or acceptance of candidacy; and

(b) The person is disqualified from entering upon theduties of the office for which he filed the declaration of candidacy oracceptance of candidacy.

6. If, at the hearing, the court determines that thechallenge is frivolous, the court may order the elector who filed the challengeto pay the reasonable attorneys fees and court costs of the challenged person.

(Added to NRS by 2001, 671)

NRS 293.184 Penaltyfor knowingly and willfully making false statement on declaration or acceptanceof candidacy. In addition to any other penaltyprovided by law, if a person knowingly and willfully files a declaration ofcandidacy or acceptance of candidacy which contains a false statement:

1. The name of the person must not appear on anyballot for the election for which he filed the declaration of candidacy oracceptance of candidacy; and

2. The person is disqualified from entering upon theduties of the office for which he was a candidate.

(Added to NRS by 2001, 672)

NRS 293.185 Officesfor filing declarations, certificates and acceptances of candidacies. The declaration of candidacy, the certificate of candidacyand the acceptance of candidacy must be filed during regular office hours, asfollows:

1. For United States Senator, Representative inCongress, statewide offices, State Senators and Assemblymen to be elected fromdistricts comprising more than one county, and all other offices whosedistricts comprise more than one county, with the Secretary of State.

2. For Representative in Congress and district officesvoted for wholly within one county, State Senators and Assemblymen to beelected from districts comprising but one or part of one county, county andtownship officers, with the county clerk.

(Added to NRS by 1960, 244; A 1965 Special Session,4; 1983, 1287; 1987, 1367)

NRS 293.187 Certificationof names of persons for whom candidacy papers have been filed by Secretary ofState to county clerks.

1. The Secretary of State shall forward to each countyclerk a certified list containing the name and mailing address of each personfor whom candidacy papers have been filed in the office of the Secretary ofState, and who is entitled to be voted for in the county at the next succeedingprimary election, together with the title of the office for which the person isa candidate and the party or principles he represents. The Secretary of Stateshall forward the certified list not later than 5 working days after the lastday upon which any candidate on the list may withdraw his candidacy pursuant toNRS 293.202.

2. There must be a party designation only forcandidates for partisan offices.

(Added to NRS by 1960, 244; A 1983, 1118; 1989, 1729;1993, 2178; 1999,3551)

NRS 293.190 Certificationto county clerks by Secretary of State of names of certain persons nominated. Immediately following the primary election at whichcandidates are nominated for any public office, the Secretary of State shallcertify to each county clerk the name of each person nominated and the title ofthe office for which he is nominated for all candidates required to filedeclarations, certificates and acceptances of candidacies in the office of theSecretary of State.

(Added to NRS by 1960, 244; A 1961, 285)

NRS 293.193 Filingfees.

1. Fees as listed in this section for filingdeclarations of candidacy or acceptances of candidacy must be paid to thefiling officer by cash, cashiers check or certified check.

 

United StatesSenator............................................................................................ $500

Representativein Congress.................................................................................... 300

Governor.................................................................................................................... 300

Justice of theSupreme Court.................................................................................. 300

Any stateoffice, other than Governor or justice of the Supreme Court.......... 200

District judge............................................................................................................. 150

Justice of thepeace.................................................................................................. 100

Any countyoffice.................................................................................................... 100

State Senator............................................................................................................. 100

Assemblyman............................................................................................................ 100

Any districtoffice other than district judge........................................................... 30

Constable orother town or township office........................................................... 30

 

For the purposes of this subsection, trustee of a countyschool district, hospital or hospital district is not a county office.

2. No filing fee may be required from a candidate foran office the holder of which receives no compensation.

3. The county clerk shall pay to the county treasurerall filing fees received by him from candidates. The county treasurer shalldeposit 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 tothis 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 Returnof filing fee to certain candidates. Thefiling fee of an independent candidate who files a petition pursuant to NRS 293.200 or 298.109, of a candidate of a minorpolitical party or of a candidate of a new major political party, must bereturned to the candidate by the officer to whom the fee was paid within 10days after the date on which a final determination is made that the petition ofthe candidate, minor political party or new major political party failed tocontain the required number of signatures.

(Added to NRS by 1987, 1361; A 1997, 756)

NRS 293.195 Nonpartisanoffices.

1. Judicial offices, school offices, the office ofcounty sheriff, the Board of Regents of the University of Nevada, city and townofficers, the State Board of Education and members of boards of hospitaltrustees of public hospitals are hereby designated nonpartisan offices.

2. No words designating the party affiliation of acandidate 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 Eachoffice of justice of the Supreme Court constitutes separate office fornomination and election. For purposes ofelections only, the Secretary of State shall establish designations whichseparately identify each office of justice of the Supreme Court. Before anyperson is allowed to file a declaration of candidacy for the office of justiceof the Supreme Court, he shall designate the particular office for which he isdeclaring his candidacy.

(Added to NRS by 1975, 936)

NRS 293.197 Eachdepartment of district court constitutes separate office for nomination andelection; ballots used in certain counties.

1. In any judicial district that has more than onedistrict judge, each department is a separate office for the purposes ofnominating and electing the district judge of that department.

2. In any judicial district that includes a countywhose population is 100,000 or more:

(a) The departments of the family division of thedistrict court must be denoted as such on all ballots and sample ballots, usingthe words district court judge, family division, department . . . Each suchdepartment must be separately designated.

(b) The remaining departments of the district courtmust be denoted as such on all ballots and sample ballots, using the wordsdistrict court judge, department . . . Each such department must bedesignated with a numeral, beginning with 1 and continuing in sequence foreach department.

(Added to NRS by 1960, 245; A 1991, 2185; 1999, 3551)

NRS 293.198 Eachdepartment of Justice Court constitutes separate office for nomination andelection. In any township which has more thanone justice of the peace, each department is a separate office for the purposesof nominating and electing the justice of the peace of that department.

(Added to NRS by 1979, 262)

NRS 293.200 Independentcandidates: Qualification; petition of candidacy; time limit for challenge;declaration of candidacy.

1. An independent candidate for partisan office mustfile with the appropriate filing officer:

(a) A copy of the petition of candidacy that he intendsto subsequently circulate for signatures. The copy must be filed not earlierthan the January 2 preceding the date of the election and not later than 25working days before the last day to file the petition pursuant to subsection 4.

(b) Either of the following:

(1) A petition of candidacy signed by a numberof registered voters equal to at least 1 percent of the total number of ballotscast in:

(I) This State for that office at the lastpreceding general election in which a person was elected to that office, if theoffice is a statewide office;

(II) The county for that office at thelast 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 thelast 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 250registered voters if the candidate is a candidate for statewide office, orsigned by 100 registered voters if the candidate is a candidate for any officeother 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, andonly registered voters of that county may sign the document. If the office isnot a statewide office, only the registered voters of the county, district ormunicipality in question may sign the document. The documents that arecirculated for signature in a county must be submitted to that county clerk forverification in the manner prescribed in NRS293.1276 to 293.1279, inclusive,not later than 25 working days before the last day to file the petitionpursuant to subsection 4. Each person who signs the petition shall add to hissignature the address of the place at which he actually resides, the date thathe signs the petition and the name of the county where he is registered tovote. The person who circulates each document of the petition shall sign anaffidavit attesting that the signatures on the document are genuine to the bestof his knowledge and belief and were signed in his presence by personsregistered 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 earlierthan the first Monday in May preceding the general election and not later than5 p.m. on the second Friday after the first Monday in May.

5. No petition of candidacy may contain the name ofmore than one candidate for each office to be filled.

6. A person may not file as an independent candidateif he is proposing to run as the candidate of a political party.

7. The names of independent candidates must be placedon the general election ballot and must not appear on the primary electionballot.

8. If the candidacy of any person seeking to qualifypursuant to this section is challenged, all affidavits and documents in supportof the challenge must be filed not later than 5 p.m. on the fourth Monday inMay. Any judicial proceeding resulting from the challenge must be set forhearing not more than 5 days after the fourth Monday in May.

9. Any challenge pursuant to subsection 8 must befiled with:

(a) The First Judicial District Court if the petitionof candidacy was filed with the Secretary of State.

(b) The district court for the county where thepetition of candidacy was filed if the petition was filed with a county clerk.

10. An independent candidate for partisan office mustfile a declaration of candidacy with the appropriate filing officer and pay thefee required by NRS 293.193 not earlierthan the first Monday in May of the year in which the election is held norlater than 5 p.m. on the second Friday after the first Monday in May.

(Added to NRS by 1960, 245; A 1961, 286; 1963, 1387;1971, 440, 1122; 1975, 936; 1979, 403; 1983, 1118; 1987, 1367; 1989, 2164;1993, 2668; 1997, 316; 1999,1392, 2154, 3551; 2001, 149, 154; 2003, 1645, 1704)

NRS 293.202 Withdrawalof candidacy. A withdrawal of candidacy foroffice must be in writing and must be presented by the candidate in person,within 7 days, excluding Saturdays, Sundays and holidays, after the last dayfor filing, to the officer whose duty it is to receive filings for candidacyfor that office.

(Added to NRS by 1979, 262; A 1981, 349; 1991, 2217;1995, 2775; 1997, 3450; 1999, 3553)

NRS 293.203 Contentsand publication of notice of primary or general election. Immediately upon receipt by the county clerk of thecertified list of candidates from the Secretary of State, the county clerkshall publish a notice of primary election or general election in a newspaperof general circulation in the county once a week for 2 successive weeks. If nosuch newspaper is published in the county, the publication may be made in anewspaper of general circulation published in the nearest Nevada county. Thenotice must contain:

1. The date of the election.

2. The location of the polling places.

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

4. The names of the candidates.

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

The noticerequired for a general election pursuant to this section may be published inconjunction with the notice required for a proposed constitution, constitutionalamendment or statewide measure pursuant to NRS293.253. If the notices are combined in this manner, they must be publishedthree 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 Timefor filing declaration or acceptance of candidacy for special election. If a special election is held pursuant to the provisionsof this title, the Secretary of State shall prescribe the time during which acandidate 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 thirdWednesday in May of every even-numbered year, the county clerk shall establishelection precincts, define the boundaries thereof, abolish, alter, consolidate anddesignate precincts as public convenience, necessity and economy may require.

2. The boundaries of each election precinct mustfollow visible ground features or extensions of visible ground features, exceptwhere the boundary coincides with the official boundary of the State or acounty or city.

3. Election precincts must be composed only ofcontiguous territory.

4. As used in this section, visible ground featureincludes a street, road, highway, river, stream, shoreline, drainage ditch,railroad right-of-way or any other physical feature which is clearly visiblefrom the ground.

(Added to NRS by 1960, 246; A 1961, 287; 1971, 440;1975, 937; 1977, 241; 1981, 1871; 1983, 1119; 1985, 1092; 1987, 153; 1989, 849,1665)

NRS 293.206 Submissionof maps to Secretary of State and Legislative Counsel Bureau; determination ofstatutory compliance; revisions.

1. On or before the last day in May of everyeven-numbered year, the county clerk shall provide the Secretary of State andthe Director of the Legislative Counsel Bureau with a copy or electronic fileof a map showing the boundaries of all election precincts in the county.

2. If the Secretary of State determines that theboundaries of an election precinct do not comply with the provisions of NRS 293.205, he must provide the countyclerk with a written statement of noncompliance setting forth the reasons theprecinct is not in compliance. Within 15 days after receiving the notice ofnoncompliance, the county clerk shall make any adjustments to the boundaries ofthe precinct which are required to bring the precinct into compliance with theprovisions of NRS 293.205 and he shallsubmit a corrected copy or electronic file of the precinct map to the Secretaryof State and the Director of the Legislative Counsel Bureau.

3. If the initial or corrected election precinct mapis not filed as required pursuant to this section or the county clerk fails tomake the necessary changes to the boundaries of an election precinct pursuantto subsection 2, the Secretary of State may establish appropriate precinctboundaries in compliance with the provisions of NRS 293.205 to 293.213, inclusive. If the Secretary ofState revises the map pursuant to this subsection, he shall submit a copy orelectronic file of the revised map to the Director of the Legislative CounselBureau and the appropriate county clerk.

4. As used in this section, electronic fileincludes, without limitation, an electronic data file of a geographicinformation system.

(Added to NRS by 1989, 1664; A 2003, 1646)

NRS 293.207 Establishmenton basis of number of voters therein; maximum number for precinct using paperballots or mechanical voting system; consolidation of precincts.

1. Election precincts must be established on the basisof the number of registered voters therein, with a maximum of 600 registeredvoters per precinct in those precincts in which paper ballots are used, or amaximum of 1,500 registered voters who are not designated inactive pursuant to NRS 293.530 per precinct in those precinctsin which a mechanical voting system is used.

2. Except as otherwise provided in subsections 3 and4, the county clerk may consolidate two or more contiguous election precinctsinto a single voting district to conduct a particular election as publicconvenience, necessity and economy may require.

3. If a county clerk proposes to consolidate two ormore contiguous election precincts, in whole or in part, pursuant to subsection2, 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 regularmeeting of the board of county commissioners; and

(b) Mailed to each Assemblyman, State Senator, countycommissioner and, if applicable, member of the governing body of a city whorepresents residents of a precinct affected by the consolidation.

4. A person may file a written objection to theproposed consolidation with the county clerk. The county clerk shall considereach written objection filed pursuant to this subsection before consolidatingthe precincts.

(Added to NRS by 1960, 246; A 1971, 440; 1975, 970;1983, 914; 1985, 1092; 1991, 2218; 1997, 2776; 1999, 1394)

NRS 293.208 Limitationson creation, division, abolition, consolidation and alteration during certainperiods; exceptions.

1. Except as otherwise provided in subsections 2, 3and 5 and in NRS 293.206, no electionprecinct may be created, divided, abolished or consolidated, or the boundariesthereof changed, during the period between the third Wednesday in May of anyyear whose last digit is 6 and the time when the Legislature has been redistrictedin a year whose last digit is 1, unless the creation, division, abolishment orconsolidation 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 theAttorney General of the United States pursuant to the Voting Rights Act of1965, 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 theboundaries of a special district.

As used inthis subsection, special district means any general improvement district orany other quasi-municipal corporation organized under the local improvement andservice district laws of this State as enumerated in title 25 of NRS which isrequired by law to hold elections or any fire protection district which isrequired by law to hold elections.

2. If a city annexes an unincorporated area located inthe same county as the city and adjacent to the corporate boundary, the annexedarea may be included in an election precinct immediately adjacent to it.

3. A new election precinct may be established at anytime if it lies entirely within the boundaries of any existing precinct.

4. If a change in the boundaries of an electionprecinct is made pursuant to this section during the time specified insubsection 1, the county clerk must:

(a) Within 15 days after the change to the boundary ofa precinct is established by the county clerk or ordered by a court, send tothe Director of the Legislative Counsel Bureau and the Secretary of State acopy or electronic file of a map showing the new boundaries of the precinct;and

(b) Maintain in his office an index providing the nameof the precinct and describing all changes which were made, including anychange in the name of the precinct and the name of any new precinct createdwithin the boundaries of an existing precinct.

5. Cities of population categories two and three areexempt from the provisions of subsection 1.

6. As used in this section, electronic fileincludes, without limitation, an electronic data file of a geographicinformation system.

(Added to NRS by 1989, 848; A 1989, 1667; 1997, 756; 2001, 633; 2003, 1647)

NRS 293.209 Creationor change of election district during certain period in year of general orgeneral city election prohibited; annexation not prohibited during year ofelection. A political subdivision of thisState shall not create, divide, change the boundaries of, abolish orconsolidate an election district after the first day of filing by candidatesduring any year in which a general election or city general election is heldfor that election district. This section does not prohibit a politicalsubdivision from annexing territory in a year in which a general election orcity general election is held for that election district.

(Added to NRS by 1993, 2168; A 1995, 2775; 1997, 757)

NRS 293.210 Establishmentof new election precinct: Petition and conditions. Exceptas otherwise provided in NRS 293.208, anew precinct may be established upon petition of 10 or more registered voters,permanently residing in the area sought to be constituted a precinct, statingthat they reside more than 10 miles from any polling place in the county. If itappears to the satisfaction of the county clerk that not less than 50registered voters reside in the area, the precinct may be established withoutregard to the distance which the registered voters reside from another pollingplace or precinct.

(Added to NRS by 1960, 246; A 1971, 441; 1985, 269;1989, 849)

NRS 293.213 Mailingprecincts; absent ballot mailing precincts.

1. Whenever there were not more than 20 votersregistered in a precinct for the last preceding general election, the countyclerk may establish that precinct as a mailing precinct, and shall forthwithmail notification to the field registrar for that precinct.

2. Except as otherwise provided in NRS 293.208, the county clerk in any countywhere an absent ballot central counting board is appointed may abolish two ormore existing mailing precincts and combine those mailing precincts into absentballot precincts. Those mailing precincts must be designated absent ballotmailing precincts.

3. In any county where an absent ballot centralcounting board is appointed, any established precinct which had less than 200ballots cast at the last preceding general election, or any newly establishedprecinct with less than 200 registered voters, may be designated an absentballot mailing precinct.

4. The county clerk shall, at least 14 days beforeestablishing or designating a precinct as a mailing precinct or absent ballotmailing precinct or before abolishing a mailing precinct pursuant to thissection, cause notice of such action to be:

(a) Posted in the manner prescribed for a regularmeeting of the board of county commissioners; and

(b) Mailed to each Assemblyman, State Senator, countycommissioner and, if applicable, member of the governing body of a city whorepresents residents of a precinct affected by the action.

(Added to NRS by 1960, 246; A 1961, 287; 1969, 718;1971, 441; 1989, 849; 1993, 2178; 1999, 1394)

ELECTION BOARDS

NRS 293.217 Appointmentof officers by county clerk; appointment of deputy sheriffs for elections;appointment of trainees.

1. The county clerk of each county shall appoint andnotify registered voters to act as election board officers for the variousprecincts and districts in the county as provided in NRS 293.220 to 293.245, inclusive, and 293.384, and shall conclude those duties nolater than 31 days before the election. The registered voters appointed aselection board officers for any precinct or district must not all be of thesame political party. No candidate for nomination or election or his relativewithin the second degree of consanguinity or affinity may be appointed as anelection board officer. Immediately after election board officers areappointed, if requested by the county clerk, the sheriff shall:

(a) Appoint a deputy sheriff for each polling place inthe county and for the central election board or the absent ballot centralcounting board; or

(b) Deputize as a deputy sheriff for the election anelection board officer of each polling place in the county and for the centralelection board or the absent ballot central counting board. The deputizedofficer shall receive no additional compensation for his services rendered as adeputy sheriff during the election for which he is deputized.

Deputysheriffs so appointed and deputized shall preserve order during hours of votingand attend closing of the polls.

2. The county clerk may appoint a trainee for theposition 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)

NRS 293.2175 Appointmentof pupil as trainee: Qualifications; requirements; duties; compensation.

1. The county clerk may appoint a pupil as a traineefor 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 aresident of the county in which he serves;

(b) Enrolled in high school; and

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

2. The county clerk may only appoint a pupil as atrainee if:

(a) The pupil is appointed without party affiliation;

(b) The county clerk sends the pupil a certificatestating the date and hours that the pupil will act as a trainee;

(c) At least 20 days before the election in which thepupil will act as a trainee, the principal of his high school or his assignedschool counselor receives the county clerks certificate and a written requestsigned by his parent or guardian to be excused from school for the timespecified in the certificate;

(d) The principal of the high school or the assignedschool counselor of the pupil approves the pupils 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 deemsappropriate. The county clerk shall not:

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

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

4. The county clerk may compensate a trainee for hisservice 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 Recommendationsby chairman of election board of persons for service on election board. The county clerk may provide by rule or regulation forthe:

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

2. Recommendation by the chairmen of suitable personsto serve in the case of vacancies.

(Added to NRS by 1973, 320; A 1977, 241; 1987, 335;1997, 3450)

NRS 293.219 Recommendationsby political parties of persons for service on election board.

1. Not less than 60 days before a primary or a generalelection, the county central committee of each major political party for eachcounty may recommend to the county clerk of the county three registered votersfor each precinct in the county to act as election board officers of theprimary or general election in the precinct or district.

2. Not less than 60 days before a general election,the executive committee of each minor political party for each county mayrecommend to the county clerk of the county three registered voters for eachprecinct in the county to act as election board officers of the generalelection in the precinct or district.

3. After that date the county clerk may acceptrecommendations for reserve election board officers for the election.

(Added to NRS by 1960, 242; A 1989, 226)(Substitutedin revision for NRS 293.170)

NRS 293.220 Deliveryof notice of appointment to officer or trainee. Uponthe 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 shalldeliver, by mail or other means, notifications of the appointments to thosepersons.

(Added to NRS by 1960, 247; A 1987, 335; 1993, 528; 1999, 263)

NRS 293.223 Noticeof unwillingness to serve as officer or trainee; appointment of replacement. If any person appointed to serve as an election boardofficer pursuant to NRS 293.217 or as atrainee pursuant to NRS 293.2175 isunwilling to serve as appointed, he shall notify the county clerk within 5 daysafter receipt of the notification that he is unwilling to serve, whereupon thecounty clerk shall appoint some other registered voter to serve at theelection.

(Added to NRS by 1960, 247; A 1987, 335; 1993, 528; 1999, 263)

NRS 293.225 Continuingpowers and duties of election boards; reserve officers of election board;procedure for filling vacancies.

1. Members of election boards continue as such fromthe day before the day of the election, until the time for filing contests ofthe election has expired.

2. Each member of an election board is subject to callby the board of county commissioners or city council to correct any errorsdiscovered during the canvass of votes by the board of county commissioners orcity council.

3. Reserve election board officers must be appointedby the county or city clerk, if practicable, to fill any vacancy which occurson the day of the election, and the reserve officers must be compensated ifthey serve at the polls.

4. If a vacancy occurs in any election board on theday of the election and no reserves are available, the election board mayappoint, at the polling place, any registered voter who is willing to serve andsatisfies the election board that he possesses the qualifications required toperform the services required.

(Added to NRS by 1960, 247; A 1985, 1595; 1987, 335)

NRS 293.227 Numberof members; duties; restrictions upon participation of trainees; chairmen.

1. Each election board consists of at least threemembers, one of whom must be designated chairman by the county or city clerk.The boards shall make the records of election required by this chapter.

2. The appointment of a trainee as set forth in NRS 293.2175 and 293C.222 may be used to determine thenumber of members on the election board, but under no circumstances may:

(a) The election board of any precinct include morethan one trainee; or

(b) A trainee serve as chairman of the election board.

3. The county or city clerk shall conduct or cause tobe conducted, at least 5 days before the date of the election for which theboards are appointed, a school to acquaint the chairmen with the election laws,duties of election boards, regulations of the Secretary of State and with theprocedure for making the records of election and using the register forelection boards. If the person appointed chairman is unable for any reason toattend the school, he shall appoint some other member of his election board toattend the school in his stead.

4. The board of county commissioners of any county orthe city council of any city may reimburse the chairmen or their designees whoattend the school for their travel expenses at a rate not exceeding 10 centsper mile.

5. Each chairman shall instruct his board beforeelection day.

(Added to NRS by 1960, 248; A 1961, 288; 1967, 845;1977, 241; 1987, 336; 1993, 528; 1999, 264; 2003, 1648)

NRS 293.230 Dutiesin precinct or district where less than 200 registered voters and paper ballotsused; appointment and duties of central election board for mailing precincts.

1. In precincts or districts where there are less than200 registered voters and paper ballots are used, the election board shallperform all duties required from the time of preparing for the opening of thepolls through delivering the supplies and result of votes cast to the countyclerk.

2. Except as otherwise provided in NRS 293.235, one election board must beappointed by the county clerk for all mailing precincts within the county andmust be designated the central election board. The county clerk shall deliver themailed ballots to that board in his office and the board shall count the voteson those ballots in the manner required by law.

(Added to NRS by 1960, 248; A 1987, 336, 691; 1997,3451)

NRS 293.233 Appointmentand duties of voting board and counting board in precinct or district wherethere are 200 or more registered voters and paper ballots are used. In each precinct or district where there are 200 or moreregistered voters and paper ballots are used, the county clerk shall appointtwo election boards and designate one the voting board and the other thecounting board. The officers of the counting board shall count the votes andmake the record of the votes. The voting board shall account for the records atthe time the polls are closed and deliver to the counting board the ballot boxcontaining the voted ballots and all other books and supplies in itspossession. Upon such delivery, the counting board shall perform its duties.The time of service for the counting board must be from the closing of thepolls through the returning of the supplies and the result of votes cast to thecounty clerk.

(Added to NRS by 1960, 248; A 1987, 336, 692; 1997,3451)

NRS 293.235 Appointmentand duties of absent ballot central counting board; no central election boardif absent ballot central counting board appointed.

1. When it appears to the satisfaction of the countyclerk that an absent ballot central counting board will expedite the work oftallying the absent ballot vote of the county, he may appoint such a board. Incounties which use a computer to maintain records of registered voters, thecounty clerk shall appoint the board.

2. In counties where an absent ballot central countingboard has been appointed, no central election board may be appointed. Theabsent ballot central counting board shall perform the duties of the centralelection board.

(Added to NRS by 1960, 248; A 1985, 558; 1987, 337;1997, 3451)

NRS 293.243 Numberof officers on absent ballot central counting board; appointment of deputysheriff; absent ballot central counting board under direction of county clerk.

1. An absent ballot central counting board consists ofelection board officers appointed in such numbers as the county clerkdetermines to be required by the volume of absent ballots requested.

2. The county clerks deputies who perform duties inconnection with elections shall be deemed officers of the absent ballot centralcounting board.

3. When requested by the county clerk, the sheriffshall appoint a deputy sheriff to keep order during the counting of the absentballot votes by the absent ballot central counting board.

4. The absent ballot central counting board is underthe direction of the county clerk.

(Added to NRS by 1960, 249; A 1961, 288; 1967, 860;1977, 242; 1981, 1739; 1985, 1595; 1987, 337; 1997, 3451)

NRS 293.245 Placingof absent ballots in ballot box. When thecounty clerk determines it necessary to cause any precincts in the county to bedesignated absent ballot mailing precincts, the precincts ballots must beplaced by the central election board, or the absent ballot central countingboard, in the proper absent ballot mailing precinct ballot box.

(Added to NRS by 1960, 249; A 1987, 337; 1997, 3452)

REGULATION OF ELECTIONS

NRS 293.247 Regulationsof Secretary of State for conduct of elections; interpretations; distributionof information to county and city clerks.

1. The Secretary of State shall adopt regulations, notinconsistent with the election laws of this State, for the conduct of primary,general, special and district elections in all cities and counties. TheSecretary of State shall prescribe the forms for a declaration of candidacy,certificate of candidacy, acceptance of candidacy and any petition which isfiled pursuant to the general election laws of this State.

2. The regulations must prescribe:

(a) The duties of election boards;

(b) The type and amount of election supplies;

(c) The manner of printing ballots and the number ofballots to be distributed to precincts and districts;

(d) The method to be used in distributing ballots toprecincts and districts;

(e) The method of inspection and the disposition ofballot 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 otherfurniture and equipment at voting places;

(j) The disposition of election returns;

(k) The procedures to be used for canvasses, ties,recounts and contests;

(l) The procedures to be used to ensure the security ofthe ballots from the time they are transferred from the polling place untilthey are stored pursuant to the provisions of NRS293.391 or 293C.390;

(m) The procedures to be used to ensure the securityand accuracy of computer programs and tapes used for elections;

(n) The procedures to be used for the disposition ofabsent ballots in case of an emergency;

(o) The forms for applications to register to vote andany other forms necessary for the administration of this title; and

(p) Such other matters as determined necessary by theSecretary of State.

3. The Secretary of State may provide interpretationsand take other actions necessary for the effective administration of thestatutes and regulations governing the conduct of primary, general, special anddistrict elections in this State.

4. The Secretary of State shall prepare and distributeto each county and city clerk copies of:

(a) Laws and regulations concerning elections in thisState;

(b) Interpretations issued by the Secretary of StatesOffice; and

(c) Any Attorney Generals opinions or any state orfederal court decisions which affect state election laws or regulationswhenever any of those opinions or decisions become known to the Secretary ofState.

(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)

NRS 293.250 Secretaryof State to prescribe procedure for registration of voters by computer and formof ballots, other documents and papers; printed matter on ballots; authority ofcounty clerks to divide paper ballots and prescribe color for ballots andvoting receipts.

1. The Secretary of State shall, in a mannerconsistent with the election laws of this State, prescribe:

(a) The form of all ballots, absent ballots, diagrams,sample ballots, certificates, notices, declarations, applications to registerto vote, lists, applications, pollbooks, registers, rosters, statements andabstracts required by the election laws of this State.

(b) The procedure to be followed when a computer isused to register voters and to keep records of registration.

2. The Secretary of State shall prescribe with respectto 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 uniformthroughout the State.

(b) The listing of all other candidates required tofile with him, and the order of listing all offices, candidates and measuresupon which voting is not statewide, from which each county or city clerk shallprepare appropriate ballot forms for use in any election in his county.

3. The Secretary of State shall place the condensationof each proposed constitutional amendment or statewide measure near the spacesor devices for indicating the voters choice.

4. The fiscal note for, explanation of, arguments forand against, and rebuttals to such arguments of each proposed constitutionalamendment or statewide measure must be included on all sample ballots.

5. The condensations and explanations forconstitutional amendments and statewide measures proposed by initiative orreferendum must be prepared by the Secretary of State, upon consultation withthe Attorney General. The arguments and rebuttals for or against constitutionalamendments and statewide measures proposed by initiative or referendum must beprepared in the manner set forth in NRS293.252. The fiscal notes for constitutional amendments and statewidemeasures proposed by initiative or referendum must be prepared by the Secretaryof State, upon consultation with the Fiscal Analysis Division of theLegislative Counsel Bureau. The condensations, explanations, arguments,rebuttals and fiscal notes must be in easily understood language and ofreasonable length, and whenever feasible must be completed by August 1 of theyear in which the general election is to be held.

6. The names of candidates for township andlegislative or special district offices must be printed only on the ballotsfurnished to voters of that township or district.

7. A county clerk:

(a) May divide paper ballots into two sheets in amanner which provides a clear understanding and grouping of all measures andcandidates.

(b) Shall prescribe the color or colors of the ballotsand voting receipts used in any election which the clerk is required toconduct.

(Added to NRS by 1960, 250; A 1961, 288; 1965, 652;1967, 846; 1971, 441, 1486; 1977, 242, 1010; 1981, 752; 1985, 558; 1987, 110,338; 1995, 2262; 1997, 2777, 2795, 3064, 3453; 1999, 635; 2003, 1690)

CONSTITUTIONAL AND STATEWIDE MEASURES

NRS 293.252 Appointmentof committees to prepare arguments advocating and opposing approval ofconstitutional amendments and statewide measures proposed by initiative orreferendum; duties of committees; regulations; review of arguments.

1. For each constitutional amendment or statewidemeasure proposed by initiative or referendum to be placed on the ballot by theSecretary of State, the Secretary of State shall, pursuant to subsection 4,appoint two committees. Except as otherwise provided in subsection 2, onecommittee must be composed of three persons who favor approval by the voters ofthe initiative or referendum and the other committee must be composed of threepersons who oppose approval by the voters of the initiative or referendum.

2. If the Secretary of State is unable to appointthree persons who are willing to serve on a committee, he may appoint fewerthan three persons to that committee, but he must appoint at least one personto each committee appointed pursuant to this section.

3. With respect to a committee appointed pursuant tothis section:

(a) A person may not serve simultaneously on thecommittee that favors approval by the voters of an initiative or referendum andthe committee that opposes approval by the voters of that initiative orreferendum.

(b) Members of the committee serve withoutcompensation.

(c) The term of office for each member commences uponappointment and expires upon the publication of the sample ballot containingthe initiative or referendum.

4. The Secretary of State shall consider appointing toa committee pursuant to this section:

(a) Any person who has expressed an interest in servingon the committee; and

(b) A person who is a member of an organization thathas expressed an interest in having a member of the organization serve on thecommittee.

5. A committee appointed pursuant to this section:

(a) Shall elect a chairman for the committee;

(b) Shall meet and conduct its affairs as necessary tofulfill the requirements of this section;

(c) May seek and consider comments from the generalpublic;

(d) Shall, based on whether the members were appointedto advocate or oppose approval by the voters of the initiative or referendum,prepare an argument either advocating or opposing approval by the voters of theinitiative or referendum;

(e) Shall prepare a rebuttal to the argument preparedby the other committee appointed pursuant to this section;

(f) Shall address in the argument and rebuttal preparedpursuant to paragraphs (d) and (e):

(1) The fiscal impact of the initiative orreferendum;

(2) The environmental impact of the initiativeor referendum; and

(3) The impact of the initiative or referendumon the public health, safety and welfare; and

(g) Shall submit the argument and rebuttal preparedpursuant to paragraphs (d), (e) and (f) to the Secretary of State not laterthan the date prescribed by the Secretary of State pursuant to subsection 6.

6. The Secretary of State shall provide, by rule orregulation:

(a) The maximum permissible length of an argument andrebuttal prepared pursuant to this section; and

(b) The date by which an argument and rebuttal preparedpursuant to this section must be submitted by a committee to the Secretary ofState.

7. Upon receipt of an argument or rebuttal preparedpursuant to this section, the Secretary of State:

(a) May consult with persons who are generallyrecognized by a national or statewide organization as having expertise in thefield or area to which the initiative or referendum pertains; and

(b) Shall reject each statement in the argument orrebuttal that he believes is libelous or factually inaccurate.

Not laterthan 5 days after the Secretary of State rejects a statement pursuant to thissubsection, the committee that prepared the statement may appeal that rejectionto the Attorney General. The Attorney General shall review the statement andthe reasons for its rejection and may receive evidence, documentary ortestimonial, to aid him in his decision. Not later than 3 business days after theappeal by the committee, the Attorney General shall issue his decisionrejecting or accepting the statement. The decision of the Attorney General is afinal decision for the purposes of judicial review.

8. The Secretary of State may revise the languagesubmitted by a committee pursuant to this section so that it is clear, conciseand suitable for incorporation in the sample ballot, but shall not alter themeaning or effect of the language without the consent of the committee.

(Added to NRS by 2003, 1689)

NRS 293.253 Publication:Duties of Secretary of State and county clerk; costs.

1. The Secretary of State shall provide each countyclerk with copies of any proposed constitution, constitutional amendment orstatewide measure which will appear on the general election ballot, togetherwith the copies of the condensations, explanations, arguments, rebuttals andfiscal notes prepared pursuant to NRS218.443, 293.250 and 293.252.

2. Whenever feasible, he shall provide those copies onor before the first Monday in August of the year in which the proposals willappear on the ballot. Copies of any additional proposals must be provided assoon after their filing as feasible.

3. Each county clerk shall cause a copy of the fulltext of any such constitution, amendment or measure and its condensation,explanation, arguments, rebuttals and fiscal note to be published, inconspicuous display advertising format of not less than 10 column inches, in anewspaper of general circulation in the county three times at intervals of notless than 7 days, the first publication to be on or before the first Monday inOctober. If no such newspaper is published in the county, the publication maybe made in a newspaper of general circulation published in the nearest Nevadacounty.

4. If a copy is furnished by the Secretary of Statetoo late to be published at 7-day intervals, it must be published three timesat the longest intervals feasible in each county.

5. The portion of the cost of publication which isattributable to publishing the questions, explanations, arguments, rebuttalsand fiscal notes of proposed constitutions, constitutional amendments orstatewide measures is a charge against the State and must be paid from theReserve for Statutory Contingency Account upon recommendation by the Secretaryof 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 Shorttitle. NRS293.2546 may be cited as the Voters Bill of Rights.

(Added to NRS by 2003, 680)

NRS 293.2546 Legislativedeclaration of voters rights. The Legislaturehereby declares that each voter has the right:

1. To receive and cast a ballot that:

(a) Is written in a format that allows the clearidentification of candidates; and

(b) Accurately records the voters preference in theselection of candidates.

2. To have his questions concerning voting proceduresanswered and to have an explanation of the procedures for voting posted in aconspicuous place at the polling place.

3. To vote without being intimidated, threatened orcoerced.

4. To vote on election day if the voter is waiting inline at his polling place to vote before 7 p.m. and he has not already cast hisvote in that election.

5. To return a spoiled ballot and is entitled toreceive another ballot in its place.

6. To request assistance in voting, if necessary.

7. To a sample ballot which is accurate, informativeand delivered in a timely manner.

8. To receive instruction in the use of the equipmentfor voting during early voting or on election day.

9. To have nondiscriminatory equal access to theelections system, including, without limitation, a voter who is elderly,disabled, a member of a minority group, employed by the military or a citizenwho is overseas.

10. To have a uniform, statewide standard for countingand recounting all votes accurately.

11. To have complaints about elections and electioncontests resolved fairly, accurately and efficiently.

(Added to NRS by 2003, 680)

NRS 293.2549 Dutiesof Secretary of State and of county and city clerks.

1. The Secretary of State, each county clerk and eachcity clerk shall:

(a) Make the Voters Bill of Rights readily availableto the public;

(b) Maintain a copy of the Voters Bill of Rights inhis office for reproduction and distribution to the public; and

(c) Ensure that the Voters Bill of Rights is posted ina conspicuous place, in at least 12-point type, at each polling place.

2. The Secretary of State shall ensure that theVoters Bill of Rights is posted on his Internet website.

(Added to NRS by 2003, 680)

BALLOTS

NRS 293.256 Namesof candidates on ballots not to include title, designation of profession oroccupation. In any election regulated by thischapter, the names of candidates as printed on the ballot shall not include anytitle, designation or other reference which will indicate the profession oroccupation of such candidates.

(Added to NRS by 1969, 20; A 1995, 2624)

NRS 293.2565 Useof given names, surnames and nicknames on ballot; use of additional criteria todistinguish between candidates having same or similar surnames.

1. Except as otherwise provided in subsection 2, inany election regulated by this chapter, the name of a candidate printed on aballot may be the given name and surname of the candidate or a contraction orfamiliar form of his given name followed by his surname. A nickname of not morethan 10 letters may be incorporated into the name of a candidate. The nicknamemust be in quotation marks and appear immediately before the surname of thecandidate. A nickname must not indicate any political, economic, social orreligious view or affiliation and must not be the name of any person, living ordead, whose reputation is known on a statewide, nationwide or worldwide basis,or in any other manner deceive a voter regarding the person or principles forwhich he is voting.

2. Except as otherwise provided in subsection 3, inany election regulated by this chapter, if two or more candidates have the samesurname or surnames so similar as to be likely to cause confusion and:

(a) None of the candidates is an incumbent, the middlenames or middle initials, if any, of the candidates must be included in thenames of the candidates as printed on the ballot; or

(b) One of the candidates is an incumbent, the name ofthe incumbent must be listed first and must be printed in bold type.

3. Where a system of voting other than by paper ballotis used and the provisions of paragraph (b) of subsection 2 are applicable, theSecretary of State may distinguish a candidate who is an incumbent in a mannerother than printing the name of the incumbent in bold type provided that themanner used clearly emphasizes the name of the incumbent in a manner similar toprinting his name in bold type.

(Added to NRS by 2003, 1714)

NRS 293.257 Separateprimary ballots; placement of candidates names.

1. There must be a separate primary ballot for eachmajor political party. The names of candidates for partisan offices who havedesignated a major political party in the declaration of candidacy oracceptance of candidacy must appear on the primary ballot of the majorpolitical party designated.

2. The county clerk may choose to place the names ofcandidates for nonpartisan offices on the ballots for each major politicalparty or on a separate nonpartisan primary ballot, but the arrangement which heselects must permit all registered voters to vote on them.

(Added to NRS by 1960, 250; A 1963, 1388; 1965, 652;1967, 847; 1971, 442; 1977, 243; 1979, 264; 1989, 227)

NRS 293.260 Declarationof nominees: Omission and appearance of names on primary ballot; appearance ofnames on general ballot.

1. Where there is no contest of election fornomination to a particular office, neither the title of the office nor the nameof the candidate may appear on the ballot.

2. If more than one major political party hascandidates for a particular office, the persons who receive the highest numberof votes at the primary elections must be declared the nominees of thoseparties for the office.

3. If only one major political party has candidatesfor a particular office and a minor political party has nominated a candidatefor the office or an independent candidate has filed for the office, thecandidate who receives the highest number of votes in the primary election ofthe major political party must be declared the nominee of that party and hisname must be placed on the general election ballot with the name of the nomineeof the minor political party for the office and the name of the independentcandidate who has filed for the office.

4. If only one major political party has candidatesfor a particular office and no minor political party has nominated a candidatefor the office and no independent candidate has filed for the office:

(a) If there are more candidates than twice the numberto be elected to the office, the names of the candidates must appear on theballot for a primary election. Except as otherwise provided in this paragraph,the candidates of that party who receive the highest number of votes in theprimary election, not to exceed twice the number to be elected to that officeat the general election, must be declared the nominees for the office. If onlyone candidate is to be elected to the office and a candidate receives amajority of the votes in the primary election for that office, that candidatemust be declared the nominee for that office and his name must be placed on theballot for the general election.

(b) If there are no more than twice the number ofcandidates to be elected to the office, the candidates must, without a primaryelection, be declared the nominees for the office.

5. Where no more than the number of candidates to beelected have filed for nomination for:

(a) Any partisan office or the office of justice of theSupreme Court, the names of those candidates must be omitted from all ballotsfor a primary election and placed on all ballots for a general election; and

(b) Any nonpartisan office, other than the office ofjustice of the Supreme Court, the names of those candidates must appear on theballot for a primary election unless the candidates were nominated pursuant tosubsection 2 of NRS 293.165. If a candidatereceives one or more votes at the primary election, he must be declared electedto the office and his name must not be placed on the ballot for the generalelection. If a candidate does not receive one or more votes at the primaryelection, his name must be placed on the ballot for the general election.

6. If there are more candidates than twice the numberto be elected to a nonpartisan office, the names of the candidates must appearon the ballot for a primary election. Those candidates who receive the highestnumber 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)

NRS 293.262 Absentballot or ballot voted in mailing precinct: Methods in which ballot is to bevoted. An absent ballot or a ballot voted by avoter who resides in a mailing precinct must be voted:

1. On a paper ballot:

2. On a ballot which is voted by punching a card; or

3. By any other system authorized by state or federallaw.

(Added to NRS by 1995, 2774; A 2003, 1649)

NRS 293.263 Primaryballot for major political party: Form; names of candidates to be groupedalphabetically; exception. On the primaryballots for a major political party, the name of the major political party mustappear at the top of the ballot. Except as otherwise provided in NRS 293.2565, following this designationmust appear the names of candidates grouped alphabetically under the title andlength 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 Nonpartisanprimary 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 Candidates fornonpartisan offices. Except as otherwise provided in NRS 293.2565, following this designationmust appear the names of candidates grouped alphabetically under the title andlength 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)

NRS 293.267 Ballotfor general election: Form; names of candidates to be grouped alphabetically;exception; order of appearance of certain statewide measures.

1. Ballots for a general election must contain thenames of candidates who were nominated at the primary election, the names ofthe candidates of a minor political party and the names of independentcandidates.

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

3. Except as otherwise provided in subsection 4:

(a) Immediately following the name of each candidatefor a partisan office must appear the name of his political party or the wordindependent, as the case may be.

(b) Immediately following the name of each candidatefor a nonpartisan office must appear the word nonpartisan.

4. Where a system of voting other than by paper ballotis used, the Secretary of State may provide for any placement of the name ofthe political party or the word independent or nonpartisan which clearlyrelates the designation to the name of the candidate to whom it applies.

5. If the Legislature rejects a statewide measureproposed by initiative and proposes a different measure on the same subjectwhich the Governor approves, the measure proposed by the Legislature andapproved by the Governor must be listed on the ballot before the statewidemeasure proposed by initiative. Each ballot and sample ballot upon which themeasures appear must contain a statement that reads substantially as follows:

 

The following questions arealternative approaches to the same issue, and only one approach may be enactedinto law. Please vote for only one.

 

(Added to NRS by 1960, 251; A 1963, 1389; 1965, 653;1967, 847; 1969, 137; 1979, 265; 1987, 339; 1989, 2165; 1997, 3454; 2003, 1718)

NRS 293.2673 Ballotto indicate date of election and at which election ballot will be used.

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

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

3. If a ballot includes a voting receipt which has twoparts, each part of the voting receipt must include the date of the electionand indicate clearly at which election the ballot will be used.

(Added to NRS by 1993, 2168; A 1995, 2776)

NRS 293.268 Orderof listing offices, candidates and questions on ballots. The offices for which there are candidates, the names ofthe candidates therefor, and the questions to be voted upon must be printed onballots in the following order:

1. President and Vice President of the United States.

2. United States Senator and Representative inCongress, in that sequence.

3. Governor, Lieutenant Governor, Secretary of State,Treasurer, Controller and Attorney General, in that sequence.

4. State Senators and Assemblymen.

5. County and township partisan offices.

6. Statewide nonpartisan offices.

7. District nonpartisan offices.

8. County nonpartisan offices.

9. City offices:

(a) Mayor;

(b) Councilmen according to ward in numerical order, ifno wards, in alphabetical order; and

(c) Municipal judges.

10. Township nonpartisan offices.

11. Questions presented to the voters of the Statewith advisory questions listed in consecutive order after any other questionspresented to the voters of the State.

12. Questions presented only to the voters of aspecial district or political subdivision of the State with advisory questionslisted in consecutive order after any other questions presented only to thevoters 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 Ballotsfor statewide offices or President and Vice President must permit voter toregister opposition to all candidates.

1. Every ballot upon which appears the names ofcandidates for any statewide office or for President and Vice President of theUnited States shall contain for each office an additional line equivalent tothe lines on which the candidates names appear and placed at the end of thegroup of lines containing the names of the candidates for that office. Eachadditional line shall contain a square in which the voter may express hischoice of that line in the same manner as he would express his choice of acandidate, and the line shall read None of these candidates.

2. Only votes cast for the named candidates shall becounted in determining nomination or election to any statewide office orpresidential nominations or the selection of presidential electors, but foreach office the number of ballots on which the additional line was chosen shallbe listed following the names of the candidates and the number of their votesin every posting, abstract and proclamation of the results of the election.

3. Every sample ballot or other instruction to votersprescribed or approved by the Secretary of State shall clearly explain that thevoter may mark his choice of the line None of these candidates only if he hasnot voted for any candidate for the office.

(Added to NRS by 1975, 475)

NRS 293.2693 Votereducation program to be provided in county or city using paper ballots or punchcards. If a county or city uses paper ballotsor punch cards in an election, including, without limitation, for absentballots and ballots voted in a mailing precinct, the county or city clerk shallprovide a voter education program specific to the voting system used by thecounty or city. The voter education program must include, without limitation,information concerning the effect of overvoting and the procedures forcorrecting a vote on a ballot before it is cast and counted and for obtaining areplacement ballot.

(Added to NRS by 2003, 2169)

VOTING SYSTEMS GENERALLY

NRS 293.2696 Generalrequirements for voting systems; duties of Secretary of State and of county andcity clerks. The Secretary of State and eachcounty and city clerk shall ensure that each voting system used in this State:

1. Secures to each voter privacy and independence inthe act of voting, including, without limitation, confidentiality of the ballotof the voter;

2. Allows each voter to verify privately andindependently the votes selected by the voter on the ballot before the ballotis cast and counted;

3. Provides each voter with the opportunity, in aprivate and independent manner, to change the ballot and to correct any errorbefore the ballot is cast and counted, including, without limitation, theopportunity to correct an error through the issuance of a replacement ballot ifthe voter is otherwise unable to change the ballot or correct the error;

4. Provides a permanent paper record with a manualaudit capacity which must be available as an official record for a recount; and

5. Meets or exceeds the standards for voting systemsestablished by the Federal Election Commission, including, without limitation,the error rate standards.

(Added to NRS by 2003, 2169)

NRS 293.2699 Votingsystems used by counties and cities: Voting materials to be provided in Englishand other languages in accordance with federal law.

1. Each voting system used by a county or city shallprovide voting materials in English and other languages in compliance with theprovisions of 42 U.S.C. 1973aa-1a.

2. As used in this section, the term votingmaterials 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 Votingby printed ballot or other approved or authorized system; write-in votingprohibited.

1. Voting at any election regulated by this title mustbe on printed ballots or by any other system approved by the Secretary of Stateor specifically authorized by law.

2. Voting must be only upon candidates whose namesappear upon the ballot prepared by the election officers, and no person maywrite in the name of an additional candidate for any office.

(Added to NRS by 1960, 252; A 1973, 459; 1977, 243;1987, 340; 1997, 3455)

NRS 293.272 Votingin person required for voter who registered to vote by mail; exceptions.

1. Except as otherwise provided in subsection 2 and inNRS 293.2725 and 293.3083, a person who registered to votepursuant to the provisions of NRS 293.5235shall, for the first election in which he votes at which that registration isvalid, vote in person unless he has previously voted in the county in which heis registered to vote.

2. The provisions of subsection 1 do not apply to aperson 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 tofederal law or NRS 293.316 or 293.3165;

(c) Is disabled;

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

(e) Requests an absent ballot in person at the officeof the county clerk.

(Added to NRS by 1991, 1681; A 1993, 2180; 1995,2624; 1999, 2155;2001, 1434; 2003, 2175)

NRS 293.2725 Voterwho registered to vote by mail and has not previously voted in election forfederal office in Nevada: Prerequisites to voting at polling place and tovoting 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 whoregisters by mail to vote in this State and who has not previously voted in anelection for federal office in this State:

(a) May vote at a polling place only if the personpresents to the election board officer at the polling place:

(1) A current and valid photo identification ofthe person; or

(2) A copy of a current utility bill, bankstatement, paycheck, or document issued by a governmental entity, including,without limitation, a check, which indicates the name and address of theperson; and

(b) May vote by mail only if the person provides to thecounty or city clerk:

(1) A copy of a current and valid photoidentification of the person; or

(2) A copy of a current utility bill, bankstatement, paycheck, or document issued by a governmental entity, including,without limitation, a check, which indicates the name and address of theperson.

2. The provisions of this section do not apply to aperson who:

(a) Registers to vote by mail and submits with hisapplication to register to vote:

(1) A copy of a current and valid photoidentification; or

(2) A copy of a current utility bill, bankstatement, paycheck, or document issued by a governmental entity, including,without limitation, a check, which indicates the name and address of theperson;

(b) Registers to vote by mail and submits with hisapplication to register to vote a drivers license number or at least the lastfour digits of his social security number, if a state or local electionofficial has matched that information with an existing identification recordbearing the same number, name and date of birth as provided by the person inhis application;

(c) Is entitled to vote an absent ballot pursuant tothe Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff etseq.;

(d) Is provided the right to vote otherwise than inperson under the Voting Accessibility for the Elderly and Handicapped Act, 42U.S.C. 1973ee et seq.; or

(e) Is entitled to vote otherwise than in person underany other federal law.

(Added to NRS by 2003, 2171)

NRS 293.273 Timefor 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 underthe 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 theprecinct or district, as shown on the roster, have been cast, the electionboard officers shall close the polls, and the counting of votes must begin andcontinue without unnecessary delay until the count is completed.

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

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

(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 Establishmentof polling place for precinct in residential development exclusively forelderly persons. The county clerk shallestablish at least one polling place for a precinct in any residentialdevelopment exclusively for elderly persons if:

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

2. There is a common area which is adequate andavailable; and

3. The owner of the development consents to theestablishment of the polling place on his property.

(Added to NRS by 1987, 1870; A 1999, 263)(Substitutedin revision for NRS 293.214)

NRS 293.2738 Pollingplace not to be established in any building named for candidate appearing onballot. A polling place for an election mustnot be established in any building or other structure named for a candidatewhose name appears on a ballot for that election.

(Added to NRS by 2005, 2283)

NRS 293.274 Membersof general public allowed to observe conduct of voting at polling place;photographing or otherwise recording conduct of voting by members of generalpublic prohibited.

1. The county clerk shall allow members of the generalpublic to observe the conduct of voting at a polling place.

2. A member of the general public shall not photographthe conduct of voting at a polling place or record the conduct of voting onaudiotape or any other means of sound or video reproduction.

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

(a) Gathers information for communication to thepublic;

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

(c) Is acting solely within his professional capacity.

(Added to NRS by 1995, 2772; A 1999, 264)

NRS 293.275 Possessionof election board register by election board required for performance ofboards duties. No election board may performits duty in serving registered voters at any precinct or district polling placein any election provided for in this title, unless it has before it theelection board register for its precinct or district.

(Added to NRS by 1960, 252)

NRS 293.277 Conditionsfor entitlement of person to vote; forms of identification to identifyregistered voter.

1. Except as otherwise provided in NRS 293.541, if a persons name appears inthe election board register or if he provides an affirmation pursuant to NRS 293.525, he is entitled to vote andmust sign his name in the election board register when he applies to vote. Hissignature must be compared by an election board officer with the signature or afacsimile thereof on his original application to register to vote or one of theforms of identification listed in subsection 2.

2. Except as otherwise provided in NRS 293.2725, the forms of identificationwhich may be used individually to identify a voter at the polling place are:

(a) The card issued to the voter at the time heregistered to vote;

(b) A drivers license;

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

(d) A military identification card; or

(e) Any other form of identification issued by agovernmental agency which contains the voters signature and physicaldescription or picture.

(Added to NRS by 1960, 252; A 1985, 559; 1991, 2219;1993, 2181; 1995, 2263; 2001, 2595; 2003, 2176)

NRS 293.283 Identificationof registered voter who is unable to sign name. Anyregistered voter who is unable to sign his name must be identified by answeringquestions covering the personal data which is reported on the originalapplication to register to vote. The officer in charge of the roster shallstamp, write or print Identified as to the left of the voters name.

(Added to NRS by 1960, 252; A 1985, 560; 1995, 2264)

NRS 293.285 Deliveryof ballot to voter.

1. A registered voter applying to vote shall state hisname to the election board officer in charge of the election board register andthe officer shall immediately announce the name and take the registered voterssignature. After a registered voter is properly identified at a polling place wherepaper ballots are used, one partisan ballot and, if required, one nonpartisanballot, correctly folded must be given to the voter and the number of theballot or ballots must be written by an election board officer upon thepollbook, opposite the name of the registered voter receiving the ballot orballots.

2. In pollbooks in which voters names have beenentered, election officers may indicate the application to vote without writingthe name.

(Added to NRS by 1960, 253; A 1971, 442, 1486; 1987,692)

NRS 293.287 Announcementof name and political affiliation of registered voter; challenges; nonpartisanballot at primary election.

1. A registered voter applying to vote at any primaryelection shall give his name and political affiliation, if any, to the electionboard officer in charge of the election board register, and the officer shallimmediately announce the name and political affiliation.

2. Any persons right to vote may be challenged by anyregistered voter upon:

(a) Any of the grounds allowed for a challenge in NRS 293.303;

(b) The ground that the person applying does not belongto the political party designated upon the register; or

(c) The ground that the register does not show that hedesignated the political party to which he claims to belong.

3. Any such challenge must be disposed of in themanner provided by NRS 293.303.

4. A registered voter who has designated on hisapplication to register to vote an affiliation with a minor political party mayvote a nonpartisan ballot at the primary election.

(Added to NRS by 1960, 253; A 1971, 443; 1977, 243;1987, 1369; 1989, 228; 1991, 1681; 1995, 2264)

NRS 293.293 Procedurefor voting by paper ballot; duties of election board officer upon receipt ofvoted ballot. Where paper ballots are used forvoting:

1. Except as otherwise provided in subsection 2, thevoter shall mark his ballot in no other manner than by making a mark in thesquare following the name of each candidate for whom he intends to vote foreach office, or upon one of the lines provided pursuant to NRS 293.269, except that in a generalelection, at which the names of candidates for President and Vice President ofthe United States are on the ballot, followed by the designation of theirparty, one vote for the party designated constitutes a vote for that partyscandidates for President and Vice President.

2. If a proposed constitutional amendment or otherquestion is submitted to the registered voters, the voters mark must be placedin the square following the answer which the voter chooses to give.

3. Before leaving the booth, the voter shall fold hisballot in such a manner that the number of the ballot appears on the outside,without exposing how he voted, and shall keep it so folded until he hasdelivered it to the officer from whom he received it, who shall announce thenumber of the ballot in an audible voice.

4. The election board officer who is in charge of thepollbook shall repeat the number, and mark in the column opposite the numberthe word Voted, or a character indicating the word Voted.

5. The election board officer who receives the votedballot shall separate from the ballot the strip bearing the number and shalldeposit the ballot in the ballot box in the presence of the voter.

6. No ballot may be deposited in the ballot box untilthe slip containing the number of the ballot has been removed from it by theelection board officer. The strip bearing the number must be retained by theelection board officer.

(Added to NRS by 1960, 254; A 1967, 848; 1971, 1487;1975, 475; 1979, 265; 1987, 693; 1997, 758)

NRS 293.2955 Accessibilityof polling place, ballot and election materials to persons who are elderly andto persons with disabilities; provision of mechanical recording device torecord votes electronically; alternative placement of specially equipped votingdevices at central locations.

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

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

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

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

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

(3) Equipped to allow a voter who is elderly ora voter with a disability to vote with the same privacy as a voter who is notelderly or as a voter without a disability; and

(4) Equipped with a mechanical recording devicewhich directly records the votes electronically and which may be used by avoter with a disability.

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

3. At each polling place, the county clerk isencouraged to:

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

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

(c) Provide, in alternative audio and visual formatsfor use by a voter who is elderly or a voter with a disability, all materialsthat are:

(1) Related to the election; and

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

4. As an alternative to carrying out the functionsdescribed in subsection 3, if, in the opinion of the county clerk, the needs ofvoters who are elderly or disabled requiring the use of specially equippedvoting devices will be best served by placing such devices at centralizedvoting locations, he may so provide. If the county clerk provides for the placementof specially equipped voting devices at centralized locations, a voter who iselderly or disabled and requires the use of such a device to be able to casthis ballot without assistance may cast his ballot at any centralized votinglocation designated by the county clerk.

(Added to NRS by 2001, 1433; A 2003, 1649, 2176)

NRS 293.296 Assistanceto voter who is physically disabled or unable to read or write English.

1. Any registered voter who by reason of a physicaldisability or an inability to read or write English is unable to mark a ballotor use any voting device without assistance is entitled to assistance from aconsenting person of his own choice, except:

(a) The voters employer or his agent; or

(b) An officer or agent of the voters labor organization.

2. A person providing assistance pursuant to thissection to a voter in casting his vote shall not disclose any information withrespect to the casting of that ballot.

3. The right to assistance in casting a ballot may notbe denied or impaired when the need for assistance is apparent or is known tothe election board or any member thereof, but the election board may require aregistered voter to sign a statement that he requires assistance in casting hisvote by reason of a physical disability or an inability to read or writeEnglish when the need for assistance is not apparent or no member of theelection board has knowledge thereof. The statement must be executed underpenalty of perjury.

4. In addition to complying with the requirements of thissection, the county clerk and election board officer shall, upon the request ofa registered voter with a physical disability, make reasonable accommodationsto allow the voter to vote at his polling place.

(Added to NRS by 1973, 293; A 1977, 244; 1985, 1093;1987, 693; 1999, 2156)

NRS 293.297 Replacementand cancellation of spoiled ballot; change of vote on mechanical recordingdevice.

1. Except as otherwise provided in subsection 2:

(a) Any voter who spoils his ballot may return thespoiled ballot to the election board and receive another in its place.

(b) The election board officers shall indicate in thepollbook that the ballot is spoiled and shall enter the number of the ballotissued in its place.

(c) Each spoiled ballot returned must be cancelled bywriting the word Cancelled across the back of the ballot. A spoiled paperballot must be cancelled without unfolding it.

(d) A record must be made of those cancelled ballots atthe closing of the polls and before counting. The ballots must be placed in aseparate envelope and returned to the appropriate county clerk with theelection supplies.

2. If ballots which are voted on a mechanicalrecording device which directly records the votes electronically are used, thevoter must be able to change his vote before the mechanical recording devicepermanently records that vote.

(Added to NRS by 1960, 254; A 1963, 1373; 1967, 848;1987, 340, 694; 1995, 2776; 1997, 3455)

NRS 293.300 Returnof ballot not voted; cancellation. Except asotherwise provided in subsection 2 of NRS293.297, a voter who does not vote the ballot delivered to him shall,before leaving the polling place, return that ballot to the election board andit must be cancelled in the same manner as a spoiled ballot.

(Added to NRS by 1960, 255; A 1995, 2776)

NRS 293.301 Postingof alphabetical listing of registered voters at polling place; tearing ordefacing alphabetical listing prohibited; penalty.

1. The county clerk of each county shall require anelection board officer to post an alphabetical listing of all registered votersfor each precinct in a public area of each polling place in the county. Exceptas otherwise provided in NRS 293.5002and 293.558, the alphabetical listingmust include the name, address and political affiliation of each voter. Notless than four times during the hours in which the polling place is open, anelection board officer shall identify the name of each voter that voted sincethe last identification.

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

 

It is unlawful for any personto remove, tear, mark or otherwise deface this alphabetical listing ofregistered voters except an election board officer acting pursuant to subsection1 of NRS 293.301.

 

3. Any person who removes, tears, marks or otherwisedefaces an alphabetical listing posted pursuant to this section with the intentto falsify or prevent others from readily ascertaining the name, address orpolitical affiliation of any voter, or the fact that a voter has or has notvoted, is guilty of a misdemeanor.

(Added to NRS by 1991, 1352; A 1993, 2181; 1995,2776; 2005, 2287)

NRS 293.302 Postingof notice of death of candidate at polling place. Ifa candidate whose name appears on the ballot at a primary election or generalelection dies after the applicable dates set forth in NRS 293.368 but before the time of theclosing of the polls on the day of the election, the county clerk shall post anotice of the candidates death at each polling place where the candidatesname 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 Postingof copies of certain other information and documents at polling place. The Secretary of State and each county and city clerkshall ensure that a copy of each of the following is posted in a conspicuousplace at each polling place on election day:

1. A sample ballot;

2. Information concerning the date and hours ofoperation of the polling place;

3. Instructions for voting and casting a ballot,including a provisional ballot;

4. Instructions concerning the identification requiredfor persons who registered by mail and are first-time voters for federal officein this State;

5. Information concerning the accessibility of pollingplaces to persons with disabilities; and

6. General information concerning federal and statelaws which prohibit acts of fraud and misrepresentation.

(Added to NRS by 2003, 2173)

NRS 293.303 Challenges.

1. A person applying to vote may be challenged:

(a) Orally by any registered voter of the precinct ordistrict upon the ground that he is not the person entitled to vote as claimedor has voted before at the same election; or

(b) On any ground set forth in a challenge filed withthe county clerk pursuant to the provisions of NRS 293.547.

2. If a person is challenged, an election boardofficer shall tender the challenged person the following oath or affirmation:

(a) If the challenge is on the ground that he does notbelong to the political party designated upon the register, I swear or affirmunder penalty of perjury that I belong to the political party designated uponthe register;

(b) If the challenge is on the ground that the registerdoes not show that he designated the political party to which he claims tobelong, I swear or affirm under penalty of perjury that I designated on theapplication to register to vote the political party to which I claim tobelong;

(c) If the challenge is on the ground that he does notreside at the residence for which the address is listed in the election boardregister, I swear or affirm under penalty of perjury that I reside at theresidence for which the address is listed in the election board register;

(d) If the challenge is on the ground that hepreviously voted a ballot for the election, I swear or affirm under penalty ofperjury that I have not voted for any of the candidates or questions includedon this ballot for this election; or

(e) If the challenge is on the ground that he is notthe person he claims to be, I swear or affirm under penalty of perjury that Iam the person whose name is in this election board register.

The oath oraffirmation must be set forth on a form prepared by the Secretary of State andsigned by the challenged person under penalty of perjury.

3. Except as otherwise provided in subsection 4, ifthe challenged person refuses to execute the oath or affirmation so tendered,he must not be issued a ballot, and the officer in charge of the election boardregister shall write the words Challenged ................ opposite his namein the election board register.

4. If the challenged person refuses to execute theoath or affirmation set forth in paragraph (a) or (b) of subsection 2, theelection board officers shall issue him a nonpartisan ballot.

5. If the challenged person refuses to execute theoath or affirmation set forth in paragraph (c) of subsection 2, the electionboard officers shall inform him that he is entitled to vote only in the mannerprescribed in NRS 293.304.

6. If the challenged person executes the oath oraffirmation and the challenge is not based on the ground set forth in paragraph(e) of subsection 2, the election board officers shall issue him a partisanballot.

7. If the challenge is based on the ground set forthin paragraph (c) of subsection 2, and the challenged person executes the oath oraffirmation, the election board shall not issue the person a ballot until hefurnishes satisfactory identification which contains proof of the address atwhich he actually resides.

8. If the challenge is based on the ground set forthin paragraph (e) of subsection 2 and the challenged person executes the oath oraffirmation, the election board shall not issue the person a ballot unless he:

(a) Furnishes official identification which contains aphotograph of himself, such as his drivers license or other official document;or

(b) Brings before the election board officers a personwho is at least 18 years of age who:

(1) Furnishes official identification whichcontains a photograph of himself, such as his drivers license or otherofficial document; and

(2) Executes an oath or affirmation underpenalty of perjury that the challenged person is who he swears he is.

9. The election board officers shall:

(a) Record on the challenge list:

(1) The name of the challenged person;

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

(3) The result of the challenge; and

(b) If possible, orally notify the registered voter whoinitiated 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)

NRS 293.3035 Noticeof result of challenge.

1. As soon as practicable, but in no case later than21 calendar days after each election, the county clerk shall mail a notice toeach person who is listed on the challenge list as the registered voter whoinitiated a challenge pursuant to NRS293.303.

2. The notice mailed pursuant to subsection 1 mustindicate:

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

(b) The result of the challenge.

(Added to NRS by 2001, 1949)

NRS 293.304 Votingby person successfully challenged on grounds of residency.

1. If a person is successfully challenged on theground set forth in paragraph (c) of subsection 2 of NRS 293.303 or if a person refuses toprovide an affirmation pursuant to NRS293.525, the election board shall instruct the voter that he may vote onlyat the special polling place in the manner set forth in this section.

2. The county clerk of each county shall maintain aspecial polling place in his office and at such other locations as he deemsnecessary during each election. The ballots voted at the special polling placemust be kept separate from the ballots of voters who have not been sochallenged or who have provided an affirmation pursuant to NRS 293.525 in:

(a) A special ballot box if the ballots are paperballots or ballots which are voted by punching a card; or

(b) A special sealed container if the ballots areballots which are voted on a mechanical recording device which directly recordsthe votes electronically.

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

(a) President and Vice President of the United States;

(b) United States Senator;

(c) All state officers for whom all voters in the Statemay vote;

(d) All officers for whom all voters in the county mayvote; and

(e) Questions which have been submitted to all votersof the county or State.

4. The ballots voted at the special polling place mustbe counted when other ballots are counted and:

(a) If the ballots are paper ballots or ballots whichare voted by punching a card, maintained in a separate ballot box; or

(b) If the ballots are ballots which are voted on amechanical recording device which directly records the votes electronically,maintained in a separate sealed container,

until anycontest of election is resolved or the date for filing a contest of electionhas passed, whichever is later.

(Added to NRS by 1981, 1860; A 1987, 694, 1369; 1989,2165; 1991, 1683, 2219; 1993, 2183; 1995, 2266, 2777)

NRS 293.305 Closingof polls; admission of voters and other persons.

1. If at the hour of closing the polls there are anyregistered voters waiting to vote, the doors of the polling place must beclosed after all such voters have been admitted to the polling place. Votingmust continue until those voters have voted.

2. The deputy sheriff shall allow other persons toenter the polling place after the doors have been closed for the purpose ofobserving or any other legitimate purpose if there is room within the pollingplace and such admittance will not interfere unduly with the voting.

(Added to NRS by 1960, 256; A 1987, 341)

NRS 293.307 Dutiesof voting board before adjournment. After thelast person entitled to vote has voted, the voting board, before adjourning,shall put the records and the account of ballots in order for the countingboard.

(Added to NRS by 1960, 256)

VOTING BY PROVISIONAL BALLOT

NRS 293.3081 Castingof provisional ballot: General conditions; declaration or application. A person at a polling place may cast a provisional ballotin an election to vote for a candidate for federal office if the personcomplies with the applicable provisions of NRS293.3082 and:

1. Declares that he has registered to vote and iseligible to vote at that election in that jurisdiction, but his name does notappear on a voter registration list as a voter eligible to vote in thatelection in that jurisdiction or an election official asserts that the personis not eligible to vote in that election in that jurisdiction;

2. Applies by mail, on or after January 1, 2003, toregister to vote and has not previously voted in an election for federal officein this State and fails to provide the identification required pursuant toparagraph (a) of subsection 1 of NRS293.2725 to the election board officer at the polling place; or

3. Declares that he is entitled to vote after thepolling place would normally close as a result of a court order or other orderextending the time established for the closing of polls pursuant to a law ofthis State in effect 10 days before the date of the election.

(Added to NRS by 2003, 2169)

NRS 293.3082 Castingof provisional ballot: Specific prerequisites; completion of writtenaffirmation; contents of affirmation; provision of receipt; notation on roster;provisional ballot limited to purpose of voting for candidates for federaloffices.

1. Before a person may cast a provisional ballotpursuant to NRS 293.3081, the personmust complete a written affirmation on a form provided by an election boardofficer, as prescribed by the Secretary of State, at the polling place whichincludes:

(a) The name of the person casting the provisionalballot;

(b) The reason for casting the provisional ballot;

(c) A statement in which the person casting theprovisional ballot affirms under penalty of perjury that he is a registeredvoter 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 provisionalballot;

(f) The signature of the election board officer;

(g) A unique affirmation identification number assignedto the person casting the provisional ballot;

(h) If the person is casting the provisional ballotpursuant to subsection 1 of NRS 293.3081:

(1) An indication by the person as to whether ornot he provided the required identification at the time he applied to registerto vote;

(2) The address of the person as listed on hisapplication to register to vote;

(3) Information concerning the place, manner andapproximate date on which the person applied to register to vote;

(4) Any other information that the personbelieves may be useful in verifying that the person has registered to vote; and

(5) A statement informing the voter that if thevoter does not provide identification at the time the voter casts theprovisional ballot, the required identification must be provided to the countyor city clerk not later than 5 p.m. on the Friday following election day andthat failure to do so will result in the provisional ballot not being counted;

(i) If the person is casting the provisional ballotpursuant to subsection 2 of NRS 293.3081:

(1) The address of the person as listed on hisapplication to register to vote;

(2) The voter registration number, if any,issued to the person; and

(3) A statement informing the voter that therequired identification must be provided to the county or city clerk not laterthan 5 p.m. on the Friday following election day and that failure to do so willresult in the provisional ballot not being counted; and

(j) If the person is casting the provisional ballotpursuant to subsection 3 of NRS 293.3081,the voter registration number, if any, issued to the person.

2. After a person completes a written affirmationpursuant to subsection 1:

(a) The election board officer shall provide the personwith a receipt that includes the unique affirmation identification numberdescribed in subsection 1 and that explains how the person may use the freeaccess system established pursuant to NRS293.3086 to ascertain whether his vote was counted, and, if his vote wasnot counted, the reason why the vote was not counted;

(b) The voters name and applicable information must beentered into the roster in a manner which indicates that the voter cast aprovisional ballot; and

(c) The election board officer shall issue aprovisional ballot to the person to vote only for candidates for federaloffices.

(Added to NRS by 2003, 2170)

NRS 293.3083 Castingof ballot by mail to vote for candidate for federal office; treatment asprovisional ballot under certain circumstances. Aperson 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 ifthe person:

1. Applies by mail to register to vote and has notpreviously voted in an election for federal office in this State;

2. Fails to provide the identification requiredpursuant to paragraph (b) of subsection 1 of NRS293.2725 to the county or city clerk at the time that he mails his ballot;and

3. Completes the written affirmation set forth insubsection 1 of NRS 293.3082.

(Added to NRS by 2003, 2171)

NRS 293.3084 Countyand city clerks to establish certain procedures relating to provisionalballots. Each county and city clerk shallestablish procedures to:

1. Keep each provisional ballot cast pursuant to NRS 293.3081 or 293.3083 separate from other ballots untilit has been determined whether or not the voter was registered and eligible tovote in the election in that jurisdiction;

2. Keep each provisional ballot cast pursuant tosubsection 3 of NRS 293.3081 separatefrom all other provisional ballots; and

3. Inform a person whose name does not appear on a voterregistration list as an eligible voter for a polling place or who an electionofficial asserts is not eligible to vote at the polling place of the ability ofthe person to cast a provisional ballot.

(Added to NRS by 2003, 2172)

NRS 293.3085 Canvassand counting of provisional ballots.

1. Following each election, a canvass of theprovisional ballots cast in the election must be conducted pursuant to NRS 293.387 and, if appropriate, pursuantto NRS 293C.387.

2. The county and city clerk shall not:

(a) Include any provisional ballot in the unofficialresults reported on election night; or

(b) Open any envelope containing a provisional ballotbefore 8 a.m. on the Wednesday following election day.

3. Except as otherwise provided in subsection 4, aprovisional ballot must be counted if:

(a) The county or city clerk determines that the personwho cast the provisional ballot was registered to vote in the election,eligible to vote in the election and issued the appropriate ballot for theaddress at which he resides;

(b) A voter who failed to provide requiredidentification at the polling place or with his mailed ballot provides therequired identification to the county or city clerk not later than 5 p.m. onthe Friday following election day; or

(c) A court order has not been issued by 5 p.m. on theFriday following election day directing that provisional ballots cast pursuantto subsection 3 of NRS 293.3081 not becounted, and the provisional ballot was cast pursuant to subsection 3 of NRS 293.3081.

4. A provisional ballot must not be counted if thecounty or city clerk determines that the person who cast the provisional ballotcast the wrong ballot for the address at which he resides.

(Added to NRS by 2003, 2172)

NRS 293.3086 Freeaccess system to provide information to voter casting provisional ballot.

1. The Secretary of State shall establish a freeaccess system such as a toll-free telephone number or an Internet website toinform a person who cast a provisional ballot whether his vote was counted and,if his vote was not counted, the reason why the vote was not counted.

2. The free access system must ensure secrecy of theballot while protecting the confidentiality and integrity of personalinformation contained therein.

3. Access to information concerning a provisionalballot must be restricted to the person who cast the provisional ballot.

(Added to NRS by 2003, 2172)

ABSENT BALLOT VOTING

NRS 293.309 Absentballots: Preparation; reasonable accommodations for use by elderly or disabledpersons; time for distribution; legal actions not to prevent issuance.

1. The county clerk of each county shall prepare anabsent ballot for the use of registered voters who have requested absentballots. The county clerk shall make reasonable accommodations for the use ofthe absent ballot by an elderly or disabled person, including, withoutlimitation, by providing, upon request, the absent ballot in 12-point type toan elderly or disabled person.

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

(a) Resides within the State, not later than 20 daysbefore the election in which it is to be used; or

(b) Resides outside the State, not later than 40 daysbefore a primary or general election, if possible.

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

(Added to NRS by 1971, 433; A 1975, 374; 1987, 341;1991, 2220; 1995, 2624; 1997, 3455; 1999, 2156; 2001, 1434)

NRS 293.3095 Distributionof forms to request absent ballots.

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

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

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

(2) Include a notice stating, This is a requestfor an absent ballot.;

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

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

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

2. The provisions of this section do not authorize aperson to vote by absent ballot if he is not otherwise eligible to vote byabsent ballot.

(Added to NRS by 1999, 2147; A 2001, 2025, 2949; 2003, 149, 152)

NRS 293.310 Requestand receipt of absent ballot allows voting only by absent ballot; exception;county clerk to notify election board if absent ballot issued.

1. Except as otherwise provided in NRS 293.330, a registered voter who requestsand receives an absent voters ballot may vote only by absent ballot at theelection for which the absent ballot was issued.

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

(Added to NRS by 1960, 256; A 1967, 849; 1977, 245;1987, 342; 1993, 2184; 1995, 2625; 1997, 3455)

NRS 293.313 Personsentitled 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 providessufficient written notice to the county clerk may vote an absent ballot asprovided in this chapter.

2. A registered voter who:

(a) Is at least 65 years of age; or

(b) Has a physical disability or condition whichsubstantially impairs his ability to go to the polling place,

may requestan absent ballot for all elections held during the year he requests an absentballot.

3. As used in this section, sufficient writtennotice means a:

(a) Written request for an absent ballot which issigned by the registered voter and returned to the county clerk in person or bymail or facsimile machine;

(b) Form prescribed by the Secretary of State which iscompleted and signed by the registered voter and returned to the county clerkin person or by mail or facsimile machine; or

(c) Form provided by the Federal Government.

4. A county clerk shall consider a request from avoter who has given sufficient written notice on a form provided by the FederalGovernment as a request for an absent ballot for the two primary and generalelections immediately following the date on which the county clerk received therequest.

5. It is unlawful for a person fraudulently to requestan absent ballot in the name of another person or to induce or coerce anotherperson 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 andshall be punished as provided in NRS 193.130.

(Added to NRS by 1960, 256; A 1971, 443; 1973, 894;1975, 527; 1987, 342, 1370; 1991, 2220; 1993, 2184; 1995, 1265; 1997, 230,3456; 2001, 2950;2003, 1649, 2177)

NRS 293.315 Limitationon time to apply for absent ballot; public inspection authorized; issuance ofabsent 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 thatclerk for an absent voters ballot. The application must be made available forpublic inspection.

2. When the voter has identified himself to thesatisfaction of the clerk, he is entitled to receive the appropriate ballot orballots, but only for his own use.

3. A county clerk who allows a person to copyinformation from an application for an absent ballot is immune from any civilor criminal liability for any damage caused by the distribution of thatinformation, unless he knowingly and willingly allows a person who intends touse the information to further an unlawful act to copy such information.

(Added to NRS by 1960, 256; A 1961, 289; 1967, 849;1987, 342; 1989, 2166; 1993, 2185; 2001, 2950)

NRS 293.3155 Useof special absent ballot by person who resides outside of continental UnitedStates. Notwithstanding any other provisionsof this title:

1. Any registered voter of this State who residesoutside the continental United States may use the form provided by the FederalGovernment as a special absent ballot for a general election if the voter:

(a) Requests an absent ballot and the request isreceived by the county clerk not later than 30 days before the generalelection; and

(b) Does not receive the absent ballot.

2. The special absent ballot must be used only for theoffices of President and Vice President of the United States, United StatesSenator and Representative in Congress. The ballot must allow the registeredvoter to vote by writing in his choice of a political party for each office orthe name of a candidate whose name appears on the ballot for each office.

3. The special absent ballot must not be counted if:

(a) It is submitted from any location within thecontinental United States;

(b) The county clerk receives the request for an absentballot less than 30 days before the general election; or

(c) The county clerk receives the absent ballot on orbefore the date of the general election.

(Added to NRS by 1987, 2048; A 1989, 1729, 2166;1993, 2185)

NRS 293.3157 Registeredvoter residing outside continental United States may request absent ballot byfacsimile machine; regulations.

1. Any registered voter of this State who residesoutside the continental United States may use a facsimile machine to request anabsent ballot.

2. The county clerk shall use a facsimile machine tosend an absent ballot to the registered voter.

3. The registered voter shall mail his absent ballotto the county clerk.

4. The Secretary of State shall adopt regulations tocarry out the provisions of this section.

(Added to NRS by 1991, 2217; A 2001, 2950)

NRS 293.316 Applicationfor absent ballot because of illness, disability or absence: Requirements;delivery of ballot; voting procedure.

1. Any registered voter who is unable to go to thepolls:

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

(b) Because he is suddenly hospitalized, becomesseriously ill or is called away from home after the time has elapsed forrequesting an absent ballot as provided in NRS293.315,

may submit awritten request to the county clerk for an absent ballot. The request may besubmitted at any time before 5 p.m. on the day of the election.

2. If the county clerk determines that a requestsubmitted pursuant to subsection 1 includes the information required pursuantto 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 theballot 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 absentballot;

(b)The name, address and signature of the person designated by the registeredvoter 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 offacts sufficient to establish that the registered voter was called away fromhome after the time had elapsed for requesting an absent ballot;

(d)If the voter is confined in a hospital, sanatorium, dwelling or nursing home, astatement that he will be confined therein on the day of the election; and

(e)Unless the person designated pursuant to paragraph (b) will mark and sign anabsent ballot on behalf of the registered voter pursuant to subsection 5, astatement signed under penalty of perjury that only the registered voter willmark and sign the ballot.

4. Except as otherwise provided in subsection 5, aftermarking his ballot, the voter must:

(a) Place it in the identification envelope;

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

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

5. A persondesignated in a request submitted pursuant to subsection 1 may, on behalf ofand 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 hissignature that the ballot has been marked and signed on behalf of theregistered voter.

6. A request for an absent ballot submitted pursuantto this section must be made, and the ballot delivered to the voter andreturned to the county clerk, not later than the time the polls close onelection day.

7. The procedure authorized by this section is subjectto all other provisions of this chapter relating to voting by absent ballot tothe extent that those provisions are not inconsistent with the provisions ofthis 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 Applicationfor absent ballot because of physical disability: Requirements; voting procedure.

1. Aregistered voter who, because of a physical disability, is unable to mark orsign a ballot or use a voting device without assistance may submit a writtenstatement to the appropriate county clerk requesting that he receive an absentballot for each election conducted during the period specified in subsection 3.

2. A writtenstatement submitted pursuant to subsection 1 must:

(a) Include astatement from a physician licensed in this State certifying that theregistered voter is a person with a physical disability and, because of thephysical disability, he is unable to mark or sign a ballot or use a votingdevice without assistance;

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

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

3. Uponreceipt of a written statement submitted by a registered voter pursuant tosubsection 1, the county clerk shall, if the statement includes the informationrequired pursuant to subsection 2, issue an absent ballot to the registeredvoter for each election that is conducted during the year immediatelysucceeding the date the written statement is submitted to the county clerk.

4. Todetermine whether a registered voter is entitled to receive an absent ballotpursuant to this section, the county clerk may, every year after an absentballot is issued to a registered voter pursuant to subsection 3, require theregistered voter to submit a statement from a licensed physician as specifiedin paragraph (a) of subsection 2. If a statement from a physician licensed inthis State submitted pursuant to this subsection indicates that the registeredvoter is no longer physically disabled, the county clerk shall not issue anabsent ballot to the registered voter pursuant to this section.

5. A persondesignated pursuant to paragraph (b) of subsection 2 may, on behalf of and atthe direction of the registered voter, mark and sign an absent ballot issued tothe registered voter pursuant to the provisions of this section. If the personmarks and signs the ballot, the person shall indicate next to his signaturethat the ballot has been marked and signed on behalf of the registered voter.

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

(Added to NRS by 1999, 2146)

NRS 293.317 Invalidabsent ballots. Absent ballots, includingspecial absent ballots described in NRS293.3155, received by the county or city clerk after the polls are closedon the day of election are invalid.

(Added to NRS by 1960, 256; A 1987, 343; 2001, 1951)

NRS 293.320 Countyclerk to determine if applicant is registered voter; application by ArmedForces personnel; county clerk to provide applicant with reason for rejectionunder certain circumstances.

1. The county clerk shall determine before issuing anabsent ballot that the person making application is a registered voter in theproper county.

2. Armed Forces personnel who are not registered tovote and are applying for absent ballots must complete:

(a) The application to register to vote required by NRS 293.517 for registration; or

(b) The form provided by the Federal Government forregistration and request of an absent ballot,

beforereceiving an absent ballot.

3. If the county clerk rejects an applicationsubmitted pursuant to subsection 2 or submitted by an overseas voter, thecounty clerk shall inform the applicant of the reason for the rejection.

(Added to NRS by 1960, 256; A 1965, 669; 1987, 343;1993, 2186; 1995, 2267; 1997, 3457; 2003, 2177)

NRS 293.323 Deliveryof absent ballot and voting supplies; regulations.

1. Except as otherwise provided in subsection 2, ifthe request for an absent ballot is made by mail or facsimile machine, thecounty clerk shall, as soon as the official absent ballot for the precinct ordistrict in which the applicant resides has been printed, send to the voter byfirst-class mail if the absent voter is within the boundaries of the UnitedStates, its territories or possessions or on a military base, or by air mail ifthe absent voter is in a foreign country but not on a military base:

(a) Except as otherwise provided in paragraph (b):

(1) An absent ballot;

(2) A return envelope;

(3) Supplies for marking the ballot;

(4) An envelope or similar device into which theballot is inserted to ensure its secrecy; and

(5) Instructions.

(b) In those counties using a mechanical voting systemwhereby a vote is cast by punching a card:

(1) A card attached to a sheet of foam plasticor similar backing material;

(2) A return envelope;

(3) A punching instrument;

(4) A sample ballot;

(5) An envelope or similar device into which thecard is inserted to ensure its secrecy; and

(6) Instructions.

2. If the county clerk fails to send an absent ballotpursuant to subsection 1 to a voter who resides within the continental UnitedStates, the county clerk may use a facsimile machine to send an absent ballotand instructions to the voter. The voter shall mail his absent ballot to thecounty clerk.

3. The return envelope sent pursuant to subsection 1must include postage prepaid by first-class mail if the absent voter is withinthe boundaries of the United States, its territories or possessions or on amilitary base.

4. Nothing may be enclosed or sent with an absentballot except as required by subsection 1 or 2.

5. Before depositing a ballot in the mails or sendinga ballot by facsimile machine, the county clerk shall record the date theballot is issued, the name of the registered voter to whom it is issued, hisprecinct or district, his political affiliation, if any, the number of theballot and any remarks he finds appropriate.

6. The Secretary of State shall adopt regulations tocarry 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)

NRS 293.325 Dutiesof county clerk upon receipt of absent ballot from voter: Recording receipt;deposit of voted ballot; delivery for counting.

1. Except as otherwise provided in subsections 2 and3, when an absent ballot is returned by a registered voter to the county clerkthrough the mails and record thereof is made in the absent ballot record book,the county clerk shall neatly stack, unopened, the absent ballot with any otherabsent ballot received that day in a container and deliver, or cause to bedelivered, that container to the precinct or district election board.

2. If the county clerk has appointed an absent ballotcentral counting board, the county clerk shall, upon receipt of each absentvoters ballot, make a record of the return and check the signature on thereturn envelope against the original signature of the voter on the countyclerks register. If the county clerk determines that the absent voter is entitledto cast his ballot, he shall deposit the ballot in the proper ballot box. Atthe end of each day before election day, the county clerk may remove theballots from each ballot box and neatly stack the ballots in a container.Except as otherwise provided in subsection 3, on election day the county clerkshall deliver the ballot box and, if applicable, each container to the absentballot counting board to be counted.

3. If the county uses a mechanical voting system, thecounty clerk shall, upon receipt of each absent voters ballot, make a recordof the return and check the signature on the return envelope against theoriginal signature of the county clerks register. If the county clerkdetermines that the absent voter is entitled to cast his ballot, he shalldeposit the ballot in the proper ballot box or place the ballot, unopened, in acontainer that must be securely locked or under the control of the county clerkat all times. At the end of each day before election day, the county clerk mayremove the ballots from each ballot box, neatly stack the ballots in acontainer and seal the container with a numbered seal. Except as otherwiseprovided in this subsection, on election day the county clerk shall deliver theballot box and each container, if applicable, to the central counting place. Ifthe county uses a mechanical voting system and the county clerk has appointedan absent ballot central counting board, the county clerk may, not earlier than4 working days before the election, deliver the ballots to the absent ballotcentral counting board to be processed and prepared for tabulation pursuant tothe procedures established by the Secretary of State.

(Added to NRS by 1960, 257; A 1961, 289; 1967, 849;1975, 1531; 1985, 1094; 1987, 343; 1995, 2625; 1997, 3458; 2001, 2027)

NRS 293.330 Procedurefor voting after requesting absent ballot; unlawful return of ballot; penalty.

1. Except as otherwise provided in NRS 293.3157 and subsection 2 of NRS 293.323 and any regulations adoptedpursuant thereto, when an absent voter receives his ballot, he must mark andfold it, if it is a paper ballot, or punch it, if the ballot is voted bypunching a card, in accordance with the instructions, deposit it in the returnenvelope, seal the envelope, affix his signature on the back of the envelope inthe space provided therefor and mail the return envelope.

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

(a) The office of the county clerk, he must mark orpunch the ballot, seal it in the return envelope and affix his signature in thesame manner as provided in subsection 1, and deliver the envelope to the clerk.

(b) A polling place, including, without limitation, apolling place for early voting, he must surrender the absent ballot and providesatisfactory identification before being issued a ballot to vote at the pollingplace. A person who receives a surrendered absent ballot shall mark itCancelled.

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

(a) Provides satisfactory identification;

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

(c) Signs an affirmation under penalty of perjury on aform prepared by the Secretary of State declaring that the voter has not votedduring the election.

4. Except as otherwise provided in NRS 293.316, it is unlawful for any personto return an absent ballot other than the voter who requested the absent ballotor, at the request of the voter, a member of his family. A person who returnsan absent ballot and who is a member of the family of the voter who requestedthe absent ballot shall, under penalty of perjury, indicate on a formprescribed by the county clerk that he is a member of the family of the voterwho requested the absent ballot and that the voter requested that he return theabsent ballot. A person who violates the provisions of this subsection isguilty 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)

NRS 293.333 Procedurefor depositing absent ballot in ballot box. Onthe day of an election, the precinct or district election boards receiving theabsent voters ballots from the county clerk shall, in the presence of amajority of the election board officers, remove the ballots from the ballot boxand the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in theregular ballot box in the following manner:

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

2. The signature on the back of the return envelopemust be compared with that on the original application to register to vote;

3. If the board determines that the absent voter isentitled to cast his ballot, the envelope must be opened, the numbers on theballot and envelope compared, the number strip or stub detached from theballot, and, if the numbers are the same, the ballot deposited in the regularballot box; and

4. The election board officers shall mark in thepollbook 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)

NRS 293.335 Emptyenvelopes and rejected ballots to be returned to county clerk. When all absent ballots delivered to precinct or districtelection boards have been voted or rejected, the empty envelopes and theenvelopes containing rejected ballots must be returned to the county clerk. Onall envelopes containing rejected ballots the cause of rejection must be notedand the envelope signed by a majority of the election board officers.

(Added to NRS by 1960, 258; A 1987, 345, 713, 740;1997, 3459)

NRS 293.340 Dutyof county clerk to provide ballot box for each ballot listing if absent ballotcentral counting board appointed; deposit of voted ballots.

1. In counties in which an absent ballot centralcounting board is appointed the county clerk shall provide a ballot box in hisoffice for each different ballot listing in the county.

2. On each such box there shall appear a statementindicating the precincts and district for which such box has been designated.

3. Each absent ballot voted shall be deposited in aballot box according to the precinct or district of the absent voter votingsuch ballot.

(Added to NRS by 1960, 258)

VOTING IN MAILING PRECINCTS

NRS 293.343 Eligibilityof certain voters to vote by mail; effect of county clerk designating precinctas mailing precinct.

1. A registered voter who resides in an electionprecinct in which there were not more than 200 voters registered for the lastpreceding general election, or in a precinct in which it appears to thesatisfaction of the county clerk that there are not more than 200 registeredvoters, may vote at any election regulated by this chapter in the mannerprovided in NRS 293.345 to 293.355, inclusive.

2. Whenever the county clerk has designated a precinctas a mailing precinct, registered voters residing in that precinct may vote atany election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.

(Added to NRS by 1960, 258; A 1987, 345; 1997, 3459)

NRS 293.345 Dutyof county clerk to mail official mailing ballots to registered voters. The county clerk shall mail to each registered voter ineach mailing precinct and in each absent ballot mailing precinct, before 5 p.m.on the second Thursday before the primary election and before 5 p.m. on thefourth Tuesday in October of any year in which a general election is to beheld, an official mailing ballot to be voted by him at the election.

(Added to NRS by 1960, 258; A 1961, 290; 1983, 1119;1987, 345; 1989, 1730; 1991, 2221; 1997, 3459; 2005, 1435)

NRS 293.350 Enrollmentof eligible voters name; procedure for mailing of ballot and voting suppliesby county clerk.

1. The county clerk shall:

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

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

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

(d) Mail the ballot to the registered voter.

2. Except as otherwise provided in subsection 3, theballot must be accompanied by:

(a) Supplies for marking the ballot;

(b) A return envelope;

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

(d) A sample ballot; and

(e) Instructions regarding the manner of marking andreturning the ballot.

3. In those counties using a mechanical voting systemwhereby a vote is cast by punching a card, the ballot must be accompanied by:

(a) A sheet of foam plastic or similar backing materialattached to the card;

(b) A punching instrument;

(c) A return envelope;

(d) An envelope or similar device into which the cardis inserted to ensure its secrecy;

(e) A sample ballot; and

(f) Instructions regarding the manner of punching andreturning the card.

(Added to NRS by 1960, 259; A 1961, 290; 1963, 1373;1975, 1532; 1985, 1095; 1987, 345; 1997, 761, 3459)

NRS 293.353 Markingand return of mailing ballot by voter. Upon receiptof a mailing ballot from the county clerk, the registered voter must:

1. Except as otherwise provided in subsection 2:

(a) Immediately after opening the envelope, mark andfold the ballot;

(b) Place the ballot in the return envelope;

(c) Affix his signature on the back of the envelope;and

(d) Mail or deliver the envelope to the county clerk.

2. In those counties using a mechanical voting systemwhereby a vote is cast by punching a card:

(a) Immediately after opening the envelope, punch thecard;

(b) Place the unfolded card in the return envelope;

(c) Affix his signature on the back of the envelope;and

(d) Mail or deliver the envelope to the county clerk.

(Added to NRS by 1960, 259; A 1963, 1374; 1975, 1533;1985, 1095; 1987, 346; 1997, 3460)

NRS 293.355 Dutiesof county clerk upon receipt of envelope which contains mailing ballot. Upon receipt of the return envelope from the registeredvoter, the county clerk shall follow the same procedure as in the case ofabsent ballots.

(Added to NRS by 1960, 259; A 1963, 1374; 1987, 346;1997, 3460)

EARLY VOTING BY PERSONAL APPEARANCE

NRS 293.356 Issuanceof ballot; location at which ballot must be voted; procedure to be followed byelection board. If a request is made to vote early by a registeredvoter in person, the election board shall issue a ballot for early voting tothe voter. Such a ballot must be voted on the premises of a polling place forearly voting established pursuant to NRS293.3564 or 293.3572 and returnedto the election board. If the ballot is a paper ballot, a ballot which is votedby punching a card or a ballot which is voted by any other system authorized bystate or federal law, the election board shall follow the same procedure as inthe case of absent ballots received by mail.

(Added to NRS by 1993, 2169; A 1995, 2626, 2777;1997, 668, 671, 2778; 1999,695; 2003, 1650)

NRS 293.3561 Countyclerk to establish criteria for selection of permanent and temporary pollingplaces for early voting by personal appearance.

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

2. The countyclerk shall:

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

(b) At a meeting of the board of county commissioners,inform the board of the sites selected as permanent and temporary pollingplaces for early voting by personal appearance.

(Added to NRS by 2005, 2283)

NRS 293.3564 Permanentpolling places for early voting.

1. The county clerk may establish permanent pollingplaces for early voting by personal appearance in the county at the locationsselected by him pursuant to NRS 293.3561.

2. Except as otherwise provided in subsection 3, anyperson entitled to vote early by personal appearance may do so at any pollingplace for early voting.

3. If it is impractical for the county clerk toprovide at each polling place for early voting a ballot in every form requiredin the county, he may:

(a) Provide appropriate forms of ballots for alloffices 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 registeredvoters 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 Periodfor early voting; hours for permanent polling places.

1. The period for early voting by personal appearancebegins the third Saturday preceding a primary or general election and extendsthrough the Friday before election day, Sundays and holidays excepted.

2. The county clerk may:

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

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

3. A permanent polling place for early voting mustremain open:

(a) On Monday through Friday:

(1) During the first week of early voting, from8 a.m. until 6 p.m.

(2) During the second week of early voting, from8 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 forearly voting, from 10 a.m. until 6 p.m.

(c) If the county clerk includes a Sunday that fallswithin the period for early voting pursuant to subsection 2, during such hoursas he may establish.

(Added to NRS by 1993, 2169; A 1995, 2626, 2778;1997, 668, 671, 2778; 1999,695)

NRS 293.3572 Temporarybranch polling places: Authority of county clerk to establish; hours duringwhich voting may be conducted; legal rights and remedies of property owners orlessors not affected by presence of polling places.

1. In addition to permanent polling places for earlyvoting, the county clerk may establish temporary branch polling places forearly voting which may include, without limitation, the clerks office pursuantto NRS 293.3561.

2. The provisions of subsection 3 of NRS 293.3568 do not apply to a temporarypolling place. Voting at a temporary branch polling place may be conducted onany one or more days and during any hours within the period for early voting bypersonal appearance, as determined by the county clerk.

3. The schedules for conducting voting are notrequired to be uniform among the temporary branch polling places.

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

(Added to NRS by 1993, 2169; A 1995, 2626, 2778;1997, 668, 671, 2779; 1999,695; 2003, 1650;2005, 2288)

NRS 293.3576 Scheduleof locations and times for early voting.

1. The county clerk shall publish during the weekbefore the period for early voting and at least once each week during theperiod for early voting in a newspaper of general circulation a schedulestating:

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

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

2. The county clerk shall post a copy of the scheduleon the bulletin board used for posting notice of meetings of the board ofcounty commissioners. The schedule must be posted continuously for a periodbeginning not later than the fifth day before the first day of the period for earlyvoting by personal appearance and ending on the last day of that period.

3. The county clerk shall make copies of the scheduleavailable to the public in reasonable quantities without charge during theperiod of posting.

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

(Added to NRS by 1993, 2170; A 1997, 2779; 1999, 695)

NRS 293.358 Appointmentof deputy clerks.

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

2. The county clerk may also appoint as many additionaldeputy clerks as he deems necessary for the proper conduct of the election.

(Added to NRS by 1993, 2170; A 1997, 2779; 1999, 695)

NRS 293.3583 Mechanicalrecording devices: Preparation before polls open each day. If ballots which are voted on a mechanical recordingdevice which directly records the votes electronically are used during theperiod 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 forvoting.

2. Ensure that each mechanical recording device willnot register any ballots which were previously voted on the mechanicalrecording device as having been voted on that day.

(Added to NRS by 1995, 2773)

NRS 293.3585 Procedurefor voting.

1. Upon the appearance of a person to cast aballot for early voting, the deputy clerk for early voting shall:

(a) Determine that the person is a registered voter inthe county;

(b) Instruct the voter to sign the roster for earlyvoting; and

(c) Verify the signature of the voter against thatcontained on the original application to register to vote or facsimile thereof,the card issued to the voter at the time of registration or some other piece ofofficial identification.

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

3. The roster for early voting must contain:

(a) The voters name, the address where he isregistered to vote, his voter identification number and a place for the voterssignature;

(b) The voters precinct or voting district number; and

(c) The date of voting early in person.

4. When a voter is entitled to cast his ballot and hasidentified himself to the satisfaction of the deputy clerk for early voting, heis entitled to receive the appropriate ballot or ballots, but only for his ownuse at the polling place for early voting.

5. If the ballot is voted by punching a card, thedeputy clerk for early voting shall:

(a) Ensure that the voters precinct or voting districtand the form of ballot are indicated on the card;

(b) Direct the voter to the appropriate mechanicalrecording device for his form of ballot; and

(c) Allow the voter to place his voted ballot in theballot box.

6. If the ballot is voted on a mechanical recordingdevice which directly records the votes electronically, the deputy clerk forearly voting shall:

(a) Prepare the mechanical recording device for thevoter;

(b) Ensure that the voters precinct or voting districtand the form of ballot are indicated on each part of the voting receipt;

(c) Retain one part of the voting receipt for theelection board and return the other part of the voting receipt to the voter;and

(d) Allow the voter to cast his vote.

7. A voter applying to vote early by personalappearance may be challenged pursuant to NRS293.303.

(Added to NRS by 1993, 2170; A 1995, 2267, 2627,2779; 1997, 668, 671, 2780; 1999, 695)

NRS 293.359 Ballotboxes for paper ballots or ballots voted by punching card; seals. The ballot box for early voting in which voted ballotswhich are paper ballots or ballots which are voted by punching a card aredeposited must have two numbered seals, and must be designed and constructed sothat the box can be sealed to detect any unauthorized opening of the box andthat the ballot slot can be sealed to prevent any unauthorized deposit in thebox. The seals for the boxes must be serially numbered for each election.

(Added to NRS by 1993, 2171; A 1995, 2779; 1997,2780; 1999, 695, 2158)

NRS 293.3594 Securityprecautions.

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

2. At the close of early voting each day, the deputyclerk for early voting shall secure each voting machine used for early votingin a manner prescribed by the Secretary of State so that its unauthorizedoperation is prevented.

3. All materials for early voting must be delivered tothe county clerks office at the close of voting on the last day for voting atthe polling place for early voting.

(Added to NRS by 1993, 2171; A 1995, 2780; 1997,2781; 1999, 695)

NRS 293.3598 Ballotboard.

1. A ballot board for early voting must be appointedby the county clerk to handle early voting ballots for that county.

2. The board must consist of two cochairmen who mustbe of different political parties and at least two other members who may be ofthe same political party as one of the cochairmen but must not be of the samepolitical party as any other member.

(Added to NRS by 1993, 2171; A 1997, 2781; 1999, 695)

NRS 293.3602 Custodyof paper ballots or ballots voted by punching card; observation by generalpublic of handling of ballots. If paperballots or ballots which are voted by punching a card are used during theperiod for early voting by personal appearance:

1. Each voting day during that period, the ballotsvoted at the permanent or temporary polling place may be removed from theballot box and neatly stacked in a container that is sealed with a numberedseal after the ballots are stacked inside. The ballot box or sealed containermust be delivered by an election board officer to the county clerks office atthe close of each voting day. The seal on the ballot box or container mustindicate the number of voted ballots contained in that box or container forthat day.

2. When the ballot box or container is deliveredpursuant to subsection 1, the county clerk shall provide a new ballot boxsealed in the manner prescribed in NRS293.359.

3. At the close of each voting day before the fourthvoting day before the last day to vote early, the county clerk may deliver allballots voted to the ballot board for early voting. At the close of the fourthvoting day before the last day to vote early and at the close of each of the 3days thereafter, the county clerk shall deliver all ballots voted to the ballotboard for early voting. At the close of the last voting day, the county clerkshall deliver to the ballot board for early voting:

(a) Each remaining ballot box and container that holdsthe ballots voted early by personal appearance;

(b) A voting roster of all persons who voted early bypersonal appearance; and

(c) Any list of registered voters used in conductingearly voting.

4. Upon the receipt of ballots, the board shall:

(a) Remove all ballots from the ballot boxes andcontainers and sort the ballots by precinct or voting district;

(b) Count the number of ballots by precinct or votingdistrict;

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

(d) Place all official ballots in the containerprovided to transport those items to a central counting place and seal thecontainer with a numbered seal. The official statement of ballots mustaccompany the voted ballots to the central counting place.

5. The county clerk shall allow members of the generalpublic to observe the handling of the ballots pursuant to subsections 1 and 4if those members do not interfere with the handling of the ballots.

(Added to NRS by 1993, 2171; A 1995, 2780; 1997,2781; 1999, 695, 2158; 2001, 2028)

NRS 293.3604 Mechanicalrecording devices: Duties of election board at close of each voting day; dutiesof ballot board for early voting and county clerk at close of last voting day. If ballots which are voted on a mechanical recording devicewhich directly records the votes electronically are used during the period forearly voting by personal appearance in an election other than a presidentialpreference primary election:

1. At the close of each voting day the election boardshall:

(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 votingdistrict;

(3) The number which identifies the mechanicalrecording device and the storage device required pursuant to NRS 293B.084;

(4) The number of ballots voted on themechanical recording device for that day;

(5) The number of signatures in the roster forearly voting for that day; and

(6) The number of voting receipts retainedpursuant to NRS 293.3585 for that day.

(b) Secure:

(1) The ballots pursuant to the plan forsecurity required by NRS 293.3594; and

(2) Each mechanical voting device in the mannerprescribed by the Secretary of State pursuant to NRS 293.3594.

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

(a) The statements for all polling places for earlyvoting;

(b) The voting receipts retained pursuant to NRS 293.3585;

(c) The voting rosters used for early voting;

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

(e) Any other items as determined by the county clerk.

3. Upon receipt of the items set forth in subsection 2at 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 orvoting district;

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

(d) Place the items in the container provided totransport those items to the central counting place and seal the container witha numbered seal. The official statement of ballots must accompany the items tothe central counting place.

(Added to NRS by 1995, 2773; A 1997, 2782; 1999, 695)

NRS 293.3606 Returns;secrecy of ballots; disseminating information about count of returns beforepolls close prohibited; penalty.

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

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

3. The returns for early voting must be reportedseparately from the regular votes of the precinct, unless reporting the returnsseparately would violate the secrecy of the voters ballot.

4. The county clerk shall develop a procedure toensure that each ballot is kept secret.

5. Any person who disseminates to the publicinformation relating to the count of returns for early voting before the pollsclose 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 Countyclerk to ensure that mechanical recording devices used for early voting providerecord of number of votes; delivery of records and other items to centralcounting place. On election day the countyclerk shall:

1. Ensure that each mechanical recording device usedduring the period for early voting provides a record of the total number ofvotes recorded on the device for each candidate and for or against eachmeasure; and

2. Deliver to the central counting place:

(a) The items sorted and counted pursuant to subsection3 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 mechanicalrecording 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 Electioneeringprohibited near polling place; penalty.

1. During the time a polling place for early voting isopen 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 votingarea.

2. During the period of early voting, the county clerkshall 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 isprinted in large letters Polling Place for Early Voting; and

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

3. Ropes or other suitable objects may be used at thepolling place to ensure compliance with this section. Persons who are notexpressly permitted by law to be in a polling place must be excluded from thepolling place to the extent practicable.

4. Any person who willfully violates the provisions ofthis 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 Recordmade by county clerk of receipt at central counting place of sealed containerused to transport official ballots. The countyclerk shall make a record of the receipt at the central counting place of eachsealed container used to transport official ballots pursuant to NRS 293.304, 293.325, 293.3602,293B.330 and 293B.335. The record must include thenumbers indicated on the container and its seal pursuant to NRS 293.462.

(Added to NRS by 1995, 2772; A 1997, 668, 3460; 2001, 2029)

NRS 293.363 Preparationby counting board to count paper ballots or ballots voted by punching card. When the polls are closed, the counting board shallprepare to count the ballots voted. The counting procedure must be public andcontinue without adjournment until completed. If the ballots are paper ballotsor ballots which are voted by punching a card, the counting board shall preparein the following manner:

1. The pollbooks must be compared and errors correcteduntil the books agree.

2. The container that holds the ballots, or the ballotbox must be opened and the ballots contained therein counted by the countingboard and opened far enough to ascertain whether each ballot is single. If twoor more ballots are found folded together to present the appearance of a singleballot, they must be laid aside until the count of the ballots is completed.If, on comparison of the count with the pollbook, a majority of the inspectorsare 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 bewritten the reason for their rejection. The envelope must be signed by thecounting board officers and placed in the container or ballot box after thecount is completed.

3. If the ballots in the container or box are found toexceed in number the number of names on the pollbooks, the ballots must bereplaced in the container or box, and a counting board officer, with his backturned to the container or box, shall draw out a number of ballots equal to theexcess. The excess ballots must be marked on the back thereof with the wordsExcess ballots not counted. The ballots when so marked must be immediatelysealed in an envelope and returned to the county clerk with the other ballotsrejected for any cause.

4. When it has been ascertained that the pollbook andthe number of ballots agree with the number of names of registered voters shownto have voted, the board shall proceed to count. If there is a discrepancybetween the number of ballots and the number of voters, a record of thediscrepancy must be made.

(Added to NRS by 1960, 259; A 1961, 290; 1985, 1596;1987, 346; 1995, 2781; 1997, 3461; 2001, 2029)

NRS 293.365 Accountingof all ballots required before count begun. Nocounting board in any precinct or district in which paper ballots are used maycommence 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 Rejectionof ballot; regulations for counting ballots.

1. The basic factor to be considered by an electionboard when making a determination of whether a particular ballot must berejected is whether any identifying mark appears on the ballot which, in theopinion of the election board, constitutes an identifying mark such that thereis a reasonable belief entertained in good faith that the ballot has been tamperedwith and, as a result of the tampering, the outcome of the election would beaffected.

2. The regulations for counting ballots must includeprovisions that:

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

(b) A soiled or defaced ballot may not be rejected ifit appears that the soiling or defacing was inadvertent and was not donepurposely to identify the ballot.

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

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

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

(f) In counties where mechanical voting systems areused whereby a vote is cast by punching a card, a superfluous punch into anycard does not constitute grounds for rejection of the ballot unless theelection board determines that the condition of the ballot justifies itsexclusion pursuant to subsection 1.

(Added to NRS by 1960, 260; A 1961, 291; 1967, 849;1975, 939; 1979, 266; 1985, 1096; 1987, 347; 1995, 2782; 1997, 3461; 2001, 2030)

NRS 293.3673 Errorsin information on certain form not grounds for rejection of absent ballot. An error in the information included in a form to requestan absent ballot does not constitute grounds for rejecting an absent ballotcast by the voter.

(Added to NRS by 2001, 2025)

NRS 293.3677 Standardsfor counting votes; regulations.

1. When counting a vote in an election, if morechoices than permitted by the instructions for a ballot are marked for anyoffice or question, the vote for that office or question may not be counted.

2. Except as otherwise provided in subsection 1, in anelection in which a paper ballot is used whereby a vote is cast by placing across in the designated square on the paper ballot, a vote on the ballot mustnot be counted unless indicated by a cross in the designated square.

3. Except as otherwise provided in subsection 1, in anelection in which a mechanical voting system is used whereby a vote is cast bypunching a card:

(a) A chip on the card must be counted as a vote if:

(1) The chip has at least one corner that isdetached from the card; or

(2) The fibers of paper on at least one edge ofthe chip are broken in a way that permits unimpeded light to be seen throughthe card.

(b) A writing or other mark on the card, including,without limitation, a cross, check, tear or scratch, may not be counted as avote. The remaining votes on such a card must be counted unless the ballot isotherwise disqualified.

4. Except as otherwise provided in subsection 1, in anelection in which a mechanical voting system is used whereby a vote is cast bydarkening a designated space on the ballot:

(a) A vote must be counted if the designated space isdarkened or there is a writing in the designated space, including, withoutlimitation, a cross or check; and

(b) Except as otherwise provided in paragraph (a), awriting or other mark on the ballot, including, without limitation, a cross,check, tear or scratch may not be counted as a vote.

5. The Secretary of State:

(a) May adopt regulations establishing additionaluniform, statewide standards, not inconsistent with this section, for countinga vote cast by a method of voting described in subsection 2, 3 or 4; and

(b) Shall adopt regulations establishing uniform,statewide standards for counting a vote cast by each method of voting used inthis State that is not described in subsection 2, 3 or 4, including, withoutlimitation, a vote cast on a mechanical recording device which directly recordsthe votes electronically.

(Added to NRS by 2001, 2024)

NRS 293.368 Countingof votes cast for deceased candidate.

1. Whenever acandidate whose name appears upon the ballot at a primary election dies after 5p.m. of the second Tuesday in June, his name must remain on the ballot and thevotes cast for the deceased candidate must be counted in determining thenomination for the office for which the decedent was a candidate.

2. If the deceased candidate on the ballot at theprimary election receives the number of votes required to receive thenomination to the office for which he was a candidate, except as otherwiseprovided in subsection 3 of NRS 293.165,he shall be deemed nominated and there shall be a vacancy in the nominationthat must be filled as provided in NRS293.165 or 293.166. If the deceasedperson was a candidate for a nonpartisan office, the nomination must be filledpursuant to subsection 2 of NRS 293.165.

3. Whenever a candidate whose name appears upon theballot at a general election dies after 5 p.m. on the first Tuesday after theprimary election, the votes cast for the deceased candidate must be counted indetermining the results of the election for the office for which the decedentwas a candidate.

4. If the deceased candidate on the ballot at thegeneral election receives the majority of the votes cast for the office, heshall be deemed elected and the office to which he was elected shall be deemedvacant at the beginning of the term for which he was elected. The vacancy thuscreated must be filled in the same manner as if the candidate had died aftertaking office for that term.

(Added to NRS by 1963, 1382; A 1971, 445; 1987, 347;1997, 3462; 2003,1705; 2005, 1435)

NRS 293.370 Procedurefor completion of tally lists.

1. When all the votes have been tallied, the countingboard officers shall enter on the tally lists by the name of each candidate thenumber of votes he received. The number must be expressed in words and figures.The vote for and against any question submitted to the electors must be enteredin 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 candidatereceived 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)

NRS 293.373 Dutiesof officers of counting board after tally lists completed if paper ballots orballots voted by punching card used. If paperballots or ballots which are voted by punching a card are used:

1. After the tally lists have been completed, thevoted ballots, rejected ballots, tally lists for regular ballots, tally listfor rejected ballots, challenge list, stubs of used ballots, spoiled ballotsand unused ballots must be sealed under cover by the counting board officersand addressed to the county clerk.

2. The other pollbooks, tally lists and election boardregister 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)

NRS 293.383 Postingof copies of result of votes cast.

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

2. When votes are cast on ballots which are mechanicallyor electronically tabulated in accordance with the provisions of chapter 293B of NRS, the county clerk shall, assoon as possible, post copies of the tabulated voting results in a conspicuousplace on the outside of the counting facility or courthouse.

3. Each copy of the voting results posted inaccordance with subsections 1 and 2 must set forth the accumulative total ofall the votes cast within the county or other political subdivision conductingthe election and must be signed by the members of the counting board or thecomputer program and processing accuracy board.

(Added to NRS by 1960, 261; A 1969, 167; 1975, 1533;1985, 1096; 1987, 348; 1997, 3463)

NRS 293.384 Withdrawalof absent ballots from ballot boxes before election day; verification of propernumber of absent ballots by counting board or absent ballot central countingboard; procedure for counting.

1. Beginning at 8 a.m. on the day before the day of anelection, the counting board, if it is responsible for counting absent ballots,or the absent ballot central counting board shall withdraw all the ballots fromeach ballot box or container that holds absent ballots received before that dayand ascertain that each box or container has the required number of ballotsaccording to the county clerks absent voters record.

2. The counting board or absent ballot centralcounting board shall count the number of ballots in the same manner as electionboards.

(Added to NRS by 1985, 1594; A 1987, 348; 1997, 3463;2001, 2030)

NRS 293.385 Withdrawalof absent ballots from ballot boxes on election day; verification of propernumber and counting of absent ballots by counting board or absent ballotcentral counting board; reporting results of count; disseminating informationabout count before polls close prohibited; penalty.

1. After 8 a.m. on election day, the counting board,if it is responsible for counting absent ballots, or the absent ballot centralcounting board shall withdraw from the appropriate ballot boxes or containersall the ballots received the previous day and ascertain that each box orcontainer has the required number of ballots according to the county clerksabsent voters ballot record.

2. If any absent ballots are received by the countyclerk on election day pursuant to NRS293.316, the county clerk shall deposit the absent ballots in the appropriateballot boxes or containers.

3. After 8 a.m. on election day, the appropriate boardshall count in public the votes cast on the absent ballots.

4. If paper ballots are used, the results of theabsent ballot vote in each precinct must be certified and submitted to thecounty clerk who shall have the results added to the regular votes of theprecinct. If a mechanical voting system is used in which a voter casts hisballot by punching a card which is counted by a computer, the absent ballotsmay be counted with the regular votes of the precinct. The returns of absentballots must be reported separately from the regular votes of the precinct,unless reporting the returns separately would violate the secrecy of a voters ballot.The county clerks shall develop a procedure to ensure that each ballot is keptsecret.

5. Any person who disseminates to the public in anyway information pertaining to the count of absent ballots before the pollsclose 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)

NRS 293.387 Canvassof returns; abstract of votes.

1. As soon as the returns from all the precincts anddistricts in any county have been received by the board of countycommissioners, the board shall meet and canvass the returns. The canvass mustbe completed on or before the fifth working day following the election.

2. In making its canvass, the board shall:

(a) Note separately any clerical errors discovered; and

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

3. The county clerk shall, as soon as the result isdeclared, enter upon the records of the board an abstract of the result, whichmust contain the number of votes cast for each candidate. The board, aftermaking 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 compliancewith regulations adopted by the Secretary of State,

and transmitthem to the Secretary of State not more than 6 working days after the election.

4. The Secretary of State shall, immediately after anyprimary election, compile the returns for all candidates voted for in more thanone county. He shall make out and file in his office an abstract thereof, andshall certify to the county clerk of each county the name of each personnominated, and the name of the office for which he is nominated.

(Added to NRS by 1960, 261; A 1961, 292; 1963, 1374;1967, 861; 1969, 786; 1971, 445, 1487; 1977, 245; 1987, 349, 1370; 1989, 1665;1991, 1106; 1997, 3464; 1999, 3553)

NRS 293.388 Abstractof votes: Transmission to public libraries or posting upon website. The Secretary of State, a board of county commissioners, acounty clerk and any other person who prepares an abstract of votes pursuant tothis chapter shall:

1. Transmit on paper or by electronic means to eachpublic library in the jurisdiction of that person or entity; or

2. Post on a website maintained by that person orentity on the Internet or its successor, if any,

a copy ofeach abstract that the person or entity prepares within 30 days after theabstract is prepared.

(Added to NRS by 2003, 2256)

NRS 293.389 Inclusionof inactive voters in reports of votes prohibited. TheSecretary of State, a board of county commissioners, a county clerk and anyother person who prepares an abstract of votes or other report of votespursuant to this chapter shall not include in that abstract or report a persondesignated as an inactive voter pursuant to subsection 7 of NRS 293.530 when determining the percentageof voters who have voted or the total number of voters.

(Added to NRS by 1999, 1389)

NRS 293.391 Dispositionand inspection of ballots, pollbooks, lists, voting receipts, stubs and recordsof voted ballots after canvass by county commissioners.

1. The voted ballots, rejected ballots, spoiledballots, challenge lists, voting receipts, records printed on paper of votedballots collected pursuant to NRS 293B.400,and stubs of the ballots used, enclosed and sealed, must, after canvass of thevotes by the board of county commissioners, be deposited in the vaults of thecounty clerk. The records of voted ballots that are maintained in electronicform must, after canvass of the votes by the board of county commissioners, besealed and deposited in the vaults of the county clerk. The tally lists andpollbooks collected pursuant to NRS293B.400 must, after canvass of the votes by the board of countycommissioners, be deposited in the vaults of the county clerk without beingsealed. All materials described by this subsection must be preserved for atleast 22 months, and all such sealed materials must be destroyed immediatelyafter the preservation period. A notice of the destruction must be published bythe clerk in at least one newspaper of general circulation in the county notless than 2 weeks before the destruction.

2. Unused ballots, enclosed and sealed, must, aftercanvass of the votes by the board of county commissioners, be deposited in thevaults of the county clerk and preserved for at least the period during whichthe election may be contested and adjudicated, after which the unused ballotsmay be destroyed.

3. The pollbooks containing the signatures of thosepersons who voted in the election and the tally lists deposited with the boardof county commissioners are subject to the inspection of any elector who maywish to examine them at any time after their deposit with the county clerk.

4. A contestant of an election may inspect all of thematerial regarding that election which is preserved pursuant to subsection 1 or2, except the voted ballots.

5. The voted ballots deposited with the county clerkare not subject to the inspection of anyone, except in cases of contestedelection, and then only by the judge, body or board before whom the election isbeing contested, or by the parties to the contest, jointly, pursuant to anorder 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)

NRS 293.393 Preparationof abstracts of votes cast at general election or other statewide election;certificates of election.

1. On or before the fifth working day after anygeneral election or any other election at which votes are cast for any UnitedStates Senator, Representative in Congress, member of the Legislature or anystate officer who is elected statewide, the board of county commissioners shallopen the returns of votes cast and make abstracts of the votes.

2. Abstracts of votes must be prepared in the mannerprescribed by the Secretary of State by regulation.

3. The county clerk shall make out a certificate ofelection to each of the persons having the highest number of votes for thedistrict, county and township offices.

4. Each certificate must be delivered to the personelected 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)

NRS 293.395 Transmissionof copy of certified abstract of votes and mechanized report to Secretary ofState; canvass of vote by justices of Supreme Court; Governor to grantcertificates of election and issue proclamations.

1. The board of county commissioners, after making theabstract of votes as provided in NRS 293.393,shall cause the county clerk to certify the abstract and, by an order made andentered in the minutes of its proceedings, to make:

(a) A copy of the certified abstract; and

(b) A mechanized report of that abstract in compliancewith regulations adopted by the Secretary of State,

andforthwith transmit them to the Secretary of State.

2. On the fourth Tuesday of November after eachgeneral 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 forthe number of presidential electors to which this State may be entitled, UnitedStates Senator, Representative in Congress, members of the Legislature, stateofficers who are elected statewide or by district, district judges, or districtofficers whose districts include area in more than one county and for andagainst any question submitted.

3. The Governor shall issue certificates of electionto and commission the persons having the highest number of votes and shallissue 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 Prohibitionsagainst withholding certificate of election or commission. A certificate of election or commission must not bewithheld from the person having the highest number of votes for the officebecause of any contest of election filed in the election or any defect orinformality in the returns of any election, if it can be ascertained withreasonable certainty from the returns what office is intended and who isentitled 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 Determinationof winner if tie vote; recounts.

1. If, after the completion of the canvass of thereturns 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 themto 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 bydistrict, district judge, or district officer whose district includes area in morethan one county, the Legislature shall, by joint vote of both houses, elect oneof 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 thanone county, the Secretary of State shall summon the candidates who havereceived the tie votes to appear before him at a time and place designated byhim and he shall determine the tie by lot. If the tie vote is for the office ofSecretary of State, the Governor shall perform these duties.

(c) For any office of a county, township, incorporatedcity, city organized under a special charter where the charter is silent as todetermination of a tie vote, or district which is wholly located within onecounty, the county clerk shall summon the candidates who have received the tievotes to appear before him at a time and place designated by him and determinethe tie by lot. If the tie vote is for the office of county clerk, the board ofcounty commissioners shall perform these duties.

2. The summons mentioned in this section must bemailed to the address of the candidate as it appears upon his declaration ofcandidacy at least 5 days before the day fixed for the determination of the tievote and must contain the time and place where the determination will takeplace.

3. The right to a recount extends to all candidates incase of a tie.

(Added to NRS by 1960, 263; A 1965, 614; 1981, 1740;1987, 1371; 1995, 2628)

NRS 293.403 Recountof vote: Demand; advance deposit of costs.

1. A candidate defeated at any election may demand andreceive a recount of the vote for the office for which he is a candidate todetermine the number of votes received for the candidate and the number ofvotes received for the person who won the election if within 3 working daysafter the canvass of the vote and the certification by the county clerk or cityclerk of the abstract of votes the candidate who demands the recount:

(a) Files in writing his demand with the officer withwhom he filed his declaration of candidacy or acceptance of candidacy; and

(b) Deposits in advance the estimated costs of therecount with that officer.

2. Any voter at an election may demand and receive arecount of the vote for a ballot question if within 3 working days after thecanvass of the vote and the certification by the county clerk or city clerk ofthe abstract of votes:

(a) He files in writing his demand with:

(1) The Secretary of State, if the demand is fora recount of a ballot question affecting more than one county; or

(2) The county or city clerk who will conductthe recount, if the demand is for a recount of a ballot question affecting onlyone county or city; and

(b) He deposits in advance the estimated costs of therecount with the person to whom he made his demand.

3. The estimated costs of the recount must bedetermined by the person with whom the advance is deposited based onregulations 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 boardof county commissioners of the returns for a candidate or ballot question votedfor in one county or the canvass by the board of county commissioners lastcompleting its canvass of the returns for a candidate or ballot question votedfor in more than one county.

(b) In any primary city election, the canvass by thecity council of the returns for a candidate or ballot question voted for in thecity.

(c) In any general election:

(1) The canvass by the Supreme Court of thereturns for a candidate for a statewide office or a statewide ballot question;or

(2) The canvass of the board of countycommissioners of the returns for any other candidate or ballot question, asprovided in paragraph (a).

(d) In any general city election, the canvass by thecity council of the returns for a candidate or ballot question voted for in thecity.

(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 Employmentand duties of recount board; persons present; count of ballots; recountsaffecting more than one county.

1. Where a recount is demanded pursuant to theprovisions of NRS 293.403, the:

(a) County clerk of each county affected by the recountshall employ a recount board to conduct the recount in the county, and shallact as chairman of the recount board unless the recount is for the office ofcounty clerk, in which case the registrar of voters of the county, if aregistrar of voters has been appointed for the county, shall act as chairman ofthe recount board. If a registrar of voters has not been appointed for thecounty, the chairman of the board of county commissioners, if he is not acandidate on the ballot, shall act as chairman of the recount board. If the recountis for the office of county clerk, a registrar of voters has not been appointedfor the county and the chairman of the board of county commissioners is acandidate on the ballot, the chairman of the board of county commissionersshall appoint another member of the board of county commissioners who is not acandidate on the ballot to act as chairman of the recount board. A member ofthe board of county commissioners who is a candidate on the ballot may notserve as a member of the recount board.

(b) City clerk shall employ a recount board to conductthe recount in the city, and shall act as chairman of the recount board unlessthe recount is for the office of city clerk, in which case the mayor of thecity, if he is not a candidate on the ballot, shall act as chairman of therecount board. If the recount is for the office of city clerk and the mayor ofthe city is a candidate on the ballot, the mayor of the city shall appointanother member of the city council who is not a candidate on the ballot to actas chairman of the recount board. A member of the city council who is acandidate on the ballot may not serve as a member of the recount board.

2. Each candidate for the office affected by the recountand the voter who demanded the recount, if any, may be present in person or byan authorized representative, but may not be a member of the recount board.

3. Except in counties or cities using a mechanicalvoting system, the recount must include a count and inspection of all ballots,including rejected ballots, and must determine whether those ballots are markedas required by law.

4. If a recount is demanded in a county or city usinga mechanical voting system, the person who demanded the recount shall selectthe ballots for the office or ballot question affected from 5 percent of theprecincts, but in no case fewer than three precincts, after notification toeach candidate for the office or his authorized representative. The recountboard shall examine the selected ballots, including any duplicate or rejectedballots, shall determine whether the ballots have been voted in accordance withthis title and shall count the valid ballots by hand. In addition, a recount bycomputer must be made of all the selected ballots. If the count by hand or therecount by computer of the selected ballots shows a discrepancy equal to orgreater than 1 percent or five votes, whichever is greater, for the candidatedemanding the recount or the candidate who won the election according to theoriginal 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 clerkshall order a count by hand of all the ballots for that office or ballot question.Otherwise, the county or city clerk shall order a recount by computer of allthe ballots for all candidates for the office or all the ballots for the ballotquestion.

5. The county or city clerk shall unseal and give tothe recount board all ballots to be counted.

6. In the case of a demand for a recount affectingmore than one county, the demand must be made to the Secretary of State, whoshall notify the county clerks to proceed with the recount.

(Added to NRS by 1963, 1382; A 1975, 941; 1979, 267;1985, 1097; 1987, 351; 1989, 1592; 1995, 2629; 1999, 2160; 2001, 2032; 2003, 1651)

NRS 293.405 Costsof recount; commencement and completion of recount; limitation on additionalrecount.

1. If the person who demanded the recount does notprevail, and it is found that the sum deposited was less than the cost of therecount, 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 isin excess of the cost, the excess must be refunded to him.

2. If the person who demanded the recount prevails,the sum deposited with the Secretary of State, county clerk or city clerk mustbe refunded to the person and the cost of the recount must be paid as follows:

(a) If the recount concerns an office or ballotquestion for which voting is not statewide, the cost must be borne by thecounty or city which conducted the recount.

(b) If the recount concerns an office or ballotquestion for which voting is statewide, the clerk of each county shall submit astatement of its costs in the recount to the Secretary of State for review andapproval. The Secretary of State shall submit the statements to the State Boardof Examiners, which shall repay the allowable costs from the Reserve forStatutory Contingency Account to the respective counties.

3. Each recount must be commenced within 5 days afterdemand, and must be completed within 5 days after it is begun.

4. After the recount of a precinct is completed, thatprecinct must not be subject to another recount for the same office or ballotquestion 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 Filingof written statement of contest with clerk of district court; verification.

1. A candidate at any election, or any registeredvoter of the appropriate political subdivision, may contest the election of anycandidate, except for the office of United States Senator or Representative inCongress.

2. Except where the contest involves the generalelection for the office of Governor, Lieutenant Governor, Assemblyman, StateSenator or justice of the Supreme Court, a candidate or voter who wishes tocontest an election, including election to the office of presidential elector,must, within the time prescribed in NRS293.413, file with the clerk of the district court a written statement ofcontest, setting forth:

(a) The name of the contestant and that he is aregistered voter of the political subdivision in which the election to becontested or part of it was held;

(b) The name of the defendant;

(c) The office to which the defendant was declaredelected;

(d) The particular grounds of contest and the sectionof Nevada Revised Statutes pursuant to which the statement is filed; and

(e) The date of the declaration of the result of theelection and the body or board which canvassed the returns thereof.

3. The contestant shall verify the statement ofcontest in the manner provided for the verification of pleadings in civilactions.

4. All material regarding a contest filed by acontestant with the clerk of the district court must be filed in triplicate.

(Added to NRS by 1960, 263; A 1965, 1230; 1981, 1741)

NRS 293.410 Dismissalof statement of contest; grounds for contest.

1. A statement of contest shall not be dismissed byany court for want of form if the grounds of contest are alleged withsufficient certainty to inform the defendant of the charges he is required tomeet.

2. An election may be contested upon any of thefollowing grounds:

(a) That the election board or any member thereof wasguilty of malfeasance.

(b) That a person who has been declared elected to anoffice was not at the time of election eligible to that office.

(c) That illegal votes were cast and counted for thedefendant, which, if taken from him, will reduce the number of his legal votesbelow the number necessary to elect him.

(d) That the election board, in conducting the electionor in canvassing the returns, made errors sufficient to change the result ofthe election as to any person who has been declared elected.

(e) That the defendant has given, or offered to give,to any person a bribe for the purpose of procuring his election.

(f) That there was a possible malfunction of any votingor counting device.

(Added to NRS by 1960, 264; A 1961, 293; 1971, 446;1977, 246)

NRS 293.413 Timefor filing statement of contest; precedence of election contest; referral tospecial master.

1. The statement of contest provided for in NRS 293.407 shall be filed with the clerkof the district court no later than 5 days after a recount is completed, and nolater than 14 days after the election if no recount is demanded. The parties toa contest shall be denominated contestant and defendant.

2. The court shall set the matter for hearing not lessthan 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 courtin order that results of elections shall be determined as soon as practicable.

3. The court may refer the contest to a special masterin the manner provided by the Nevada Rules of Civil Procedure, and such specialmaster shall have all powers necessary for a proper determination of thecontest.

(Added to NRS by 1960, 264; A 1967, 850)

NRS 293.415 Depositionsin election contests; trial and submission of matter.Any party to a contest may take the deposition of any witness. Thematter shall be tried and submitted so far as may be possible upon depositionsand written or oral argument as the court may order.

(Added to NRS by 1960, 264)

NRS 293.417 Judgmentof court in election contest.

1. If, in any contest, the court finds from theevidence that a person other than the defendant received the greatest number oflegal votes, the court, as a part of the judgment, shall declare that personelected or nominated.

2. The person declared nominated or elected by thecourt is entitled to a certificate of nomination or election. If a certificatehas not been issued to him, the county clerk, city clerk or Secretary of Stateshall execute and deliver to that person a certificate of election or acertificate of nomination.

3. If a certificate of election or nomination to thesame office has been issued to any person other than the one declared electedby the court, that certificate must be annulled by the judgment of the court.

4. Whenever an election is annulled or set aside bythe court, and the court does not declare some candidate elected, thecertificate of election or the commission, if any has been issued, is void andthe office is vacant.

(Added to NRS by 1960, 264; A 1987, 352)

NRS 293.420 Courtcosts.

1. If a contest proceeding is dismissed forinsufficiency of the statement of contest or for want of prosecution, or if thedistrict court confirms the election, judgment shall be rendered for costs infavor of the defendant and against the contestant.

2. If an election is annulled or set aside for errorsor malfeasance of any election official in the conduct of the election or incanvassing the returns, the costs shall be a charge against the state orpolitical subdivision in which the election was held.

3. When an election is annulled or set aside on anyother ground, judgment for costs shall be given in favor of the contestant andagainst the defendant.

(Added to NRS by 1960, 265; A 1967, 850)

NRS 293.423 Recountof ballots at hearing of contest. At thehearing of any contest, the ballots may be opened and a recount made, in thepresence of the parties or their representatives, of the votes cast for thevarious candidates for the contested office.

(Added to NRS by 1960, 265)

NRS 293.425 Contestof general election for office of Assemblyman or Senator: Statement of contestand other documents and materials to be filed with Secretary of State; abilityof 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 theoffice of Assemblyman or Senator, a statement of contest, prepared as providedin NRS 293.407, and all depositions,ballots and other documents relating to the contest must be filed with theSecretary of State within the time provided for the filing of statements ofcontests with the clerk of the district court. The parties to such a contestshall be designated contestant and defendant.

2. On or before December 15 of the year immediatelypreceding a regular legislative session:

(a) The contestant in a contest of a general electionfor the office of Assemblyman or Senator may amend the statement of contestfiled pursuant to this section by filing an amended statement of contest andany relevant depositions, ballots and other documents relating to the contestwith the Secretary of State; and

(b) Each party in a contest of a general election forthe office of Assemblyman or Senator shall provide the Secretary of State witha list of the witnesses the party intends to present at the hearing of thecontest.

3. Each party in a contest of a general election forthe office of Assemblyman or Senator may:

(a) Before the hearing of the contest:

(1) Take the deposition of any witness in themanner prescribed by rule of court for taking depositions in civil actions inthe district courts; and

(2) Investigate issues relating to the contest;and

(b) At the hearing of the contest, present any relevantdepositions and other evidence obtained as a result of such investigation atthe hearing of the contest, including, without limitation, evidence obtainedafter the date for filing an amended statement of contest. If a party obtainsevidence after such date, the evidence may not be included in the statement ofcontest 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 Contestof general election for office of Assemblyman or Senator: Seating of candidatewith highest number of votes; withdrawal of statement of contest; hearing anddeciding of contest by appropriate house of Legislature; certificates ofelection; remedy.

1. The Secretary of State shall deliver the statement ofcontest filed pursuant to NRS 293.425and all other documents, including any amendments to the statement, to thepresiding officer of the appropriate house of the Legislature on the day of theorganization of the Legislature.

2. Until the contest has been decided, the candidatewho received the highest number of votes for the office in the contestedelection must be seated as a member of the appropriate house.

3. If, before the contest has been decided, acontestant gives written notice to the Secretary of State that he wishes towithdraw his statement of contest, the Secretary of State shall dismiss thecontest.

4. The contest, if not dismissed, must be heard anddecided as prescribed by the standing or special rules of the house in whichthe contest is to be tried. If after hearing the contest, the house decides todeclare the contestant elected, the Governor shall execute a certificate ofelection and deliver it to the contestant. The certificate of election issuedto the other candidate is thereafter void.

5. In a contest of a general election for the officeof Assemblyman or Senator, the house in which a contest was tried or was to betried shall determine the remedy, if any, to be awarded to a party to such acontest. The remedy may include, without limitation, any costs incurred by aparty in connection with the contest.

(Added to NRS by 1960, 265; A 1971, 450; 1981, 1742;1995, 1661; 2003,1700)

NRS 293.430 Contestof general election for office of Governor, Lieutenant Governor or justice ofSupreme Court: Filing of documents and other evidence with Secretary of State;seating of candidate; duties of Secretary of State and Legislature; withdrawalof contest.

1. If the contest is of the general election for theoffice of Governor, Lieutenant Governor or justice of the Supreme Court, thestatement of contest and all depositions, ballots and other documents relatingto the contest must be filed with the Secretary of State within the timeprovided for filing statements of contests with the clerk of the districtcourt.

2. Until the contest is decided, the candidate whoreceived the highest number of votes for the office in the contested electionmust be seated and commence the duties of his office.

3. The Secretary of State shall deliver the statementof contest and all other papers and documents to the speaker of the assembly onthe day of the organization of the Legislature.

4. A joint session of both houses must be convened assoon thereafter as the business of both houses permits, but not later than 10days after receipt of statement of contest.

5. If, before the contest has been decided, acontestant gives written notice to the Secretary of State that he wishes towithdraw his statement of contest, the Secretary of State shall dismiss thecontest.

(Added to NRS by 1960, 265; A 1961, 293; 1967, 850;1977, 247; 1981, 1742; 1995, 1661)

NRS 293.433 Decisionof contest for office of Governor, Lieutenant Governor or justice of SupremeCourt by Senate and Assembly in joint session.

1. The Senate and Assembly meeting in joint sessionshall proceed to decide the contest.

2. The Speaker of the Assembly shall preside at suchjoint session, and the session shall be conducted under the joint standingrules or joint special rules adopted for the occasion.

3. The contest shall be decided by a majority vote ofthe elected membership of both houses not later than 30 days after the contesthearing is begun.

(Added to NRS by 1960, 266)

NRS 293.435 Certificateof election delivered after decision.

1. After both houses sitting in joint session havedecided an election contest, the Secretary of State shall execute and deliver acertificate of election to the person declared elected, unless such acertificate was already issued to him.

2. If a certificate of election to the same office hasbeen 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 Designationof polling places.

1. The county or city clerk may designate anybuilding, public or otherwise, or any portion of a building, as the site forany polling place or any number of polling places for any of the precincts ordistricts in the county or city.

2. If, in the opinion of the county or city clerk, theconvenience and comfort of the voters and election officers will be best servedby putting two or more polling places in any such building, or if, in theopinion of the county or city clerk, the expense to the county or city forpolling places can be diminished by putting two or more polling places in anysuch building, he may so provide.

3. In precincts where there are no public buildings orother appropriate locations owned by the State, county, township, city, town orprecinct, privately owned locations may be rented at a rate not to exceed $35for 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 Listof persons registered to vote in precinct, district or county: Distribution ofcopies; contents; limitation on printing costs; request for and use bycommittees of political parties; fees.

1. Any person who desires a copy of any list of thepersons who are registered to vote in any precinct, district or county mayobtain a copy by applying at the office of the county clerk and paying therefora sum of money equal to 1 cent per name on the list, except that one copy ofeach original and supplemental list for each precinct, district or county mustbe provided to the state or county central committee of any major politicalparty or to the executive committee of any minor political party upon request,without charge.

2. Except as otherwise provided in NRS 293.5002 and 293.558, the copy of the list providedpursuant to this section must indicate the address, date of birth, telephonenumber and the serial number on each application to register to vote. If thecounty maintains this information in a computer database, the date of the mostrecent addition or revision to an entry, if made on or after July 1, 1989, mustbe included in the database and on any resulting list of the information. Thedate must be expressed numerically in the order of month, day and year.

3. A county may not pay more than 10 cents per folioor more than $6 per thousand copies for printed lists for a precinct ordistrict.

4. A county which has a system of computers capable ofrecording information on magnetic tape or diskette shall, upon request of thestate or county central committee of any major political party or the executivecommittee of any minor political party which has filed a certificate of existencewith the Secretary of State, record for that central committee or executivecommittee on magnetic tape or diskette supplied by it:

(a) The list of persons who are registered to vote andthe information required in subsection 2; and

(b) Not more than four times per year, as requested bythe central committee or the executive committee:

(1) A complete list of the persons who areregistered to vote with a notation for the most recent entry of the date onwhich the entry or the latest change in the information was made; or

(2) A list that includes additions and revisionsmade to the list of persons who are registered to vote after a date specifiedby the central committee or the executive committee.

5. If a political party does not provide its own magnetictape or diskette, or if a political party requests the list in any other formthat does not require printing, the county clerk may charge a fee to cover theactual cost of providing the tape, diskette or list.

6. Any stateor county central committee of a major political party, any executive committeeof a minor political party or any member or representative of such a centralcommittee or executive committee who receives without charge a list of thepersons who are registered to vote in any precinct, district or county pursuantto this section shall not:

(a) Use thelist for any purpose that is not related to an election; or

(b) Sell the list for compensation or other valuableconsideration.

(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)

NRS 293.442 ElectionFund: Creation; deposit of money in Fund; disposition of interest and income;authority of Secretary of State to disburse, expend and receive money; paymentof claims.

1. As used in this section, Act means the HelpAmerica Vote Act of 2002, Public Law 107-252.

2. The Election Fund is hereby created as a specialrevenue fund in the State Treasury, to be administered by the Secretary ofState. The Secretary of State shall deposit all money received pursuant to theAct and any state appropriation of matching money pursuant to the Act in theElection Fund.

3. The interest and income earned on money in theElection Fund must be credited to the Fund. Any balance of the money that wasreceived pursuant to the Act remaining in the Election Fund at the end of afiscal year does not revert and must be carried forward to the next fiscal yearand is continuously available to the Secretary of State for expenditureconsistent with this section.

4. The Secretary of State may:

(a) Only expend or disburse money in the Election Fundin accordance with the provisions of the Act.

(b) Receive and disburse money in the Election Fund byelectronic transfer.

5. Claims against the Election Fund must be paid asother claims against the State are paid.

(Added to NRS by 2003, 353)

NRS 293.443 Electionexpenses.

1. Except as otherwise provided in subsection 3, theexpense of providing all ballots, forms and other supplies to be used at anyelection regulated by this chapter or chapter293C 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 ofballots for competitive bidding.

3. If a political party or other entity requests morethan 50 applications to register to vote by mail, the clerk may assess acharge, not to exceed the cost of printing the applications, for eachapplication requested in excess of 50.

(Added to NRS by 1960, 266; A 1971, 446; 1987, 353;1993, 2189; 1995, 1647; 1997, 3466)

NRS 293.445 Expensesfor assistants to county or city clerk. Theboard of county commissioners of each county or city council of each city shallprovide the appropriate county or city clerk with sufficient assistants toenable him to perform properly the duties imposed upon him by this chapter.Such expense is a charge upon the appropriate county or city.

(Added to NRS by 1960, 267; A 1987, 353)

NRS 293.446 Compensationof officer of election board for delivery of election returns to county or cityclerk.

1. The election board officer who delivers the packagecontaining the election returns must be paid the amount expended by him inpaying the postage on the package, and 15 cents per mile for going to and 15cents per mile for returning from the post office or the office of the countyor city clerk, in the same manner and out of the same fund as other electionexpenses are paid.

2. No mileage may be paid unless the total distancenecessarily traveled in going and returning is greater than 2 miles.

(Added to NRS by 1963, 1382; A 1987, 353)

NRS 293.447 Employmentof messenger to convey election returns to Secretary of State; compensation. If it is necessary to employ a messenger to convey anyelection returns to the Secretary of State, the person performing such serviceshall receive as compensation mileage at the rate of 15 cents per mile, one wayonly.

(Added to NRS by 1960, 267)

NRS 293.460 Compensationof officers of election board, deputy sheriffs and other employees. The compensation of voting board officers, counting boardofficers, specially appointed deputy sheriffs, election board officers andother 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 Constructionof containers used to transport official ballots.

1. Each container used to transport official ballotspursuant to NRS 293.304, 293.325, 293.3602,293B.330 and 293B.335 must:

(a) Be constructed of metal or any other rigidmaterial; and

(b) Contain a seal which is placed on the container toensure detection of any opening of the container.

2. The container and seal must be separately numberedfor identification.

(Added to NRS by 1995, 2772; A 2001, 2033)

NRS 293.463 Employeesmay absent themselves from employment to vote: Procedure; penalty.

1. Any registered voter may absent himself from hisplace of employment at a time to be designated by the employer for a sufficienttime to vote, if it is impracticable for him to vote before or after his hoursof employment. A sufficient time to vote shall be determined as follows:

(a) If the distance between the place of such votersemployment and the polling place where such person votes is 2 miles or less, 1hour.

(b) If the distance is more than 2 miles but not morethan 10 miles, 2 hours.

(c) If the distance is more than 10 miles, 3 hours.

2. Such voter may not, because of such absence, bedischarged, disciplined or penalized, nor shall any deduction be made from hisusual salary or wages by reason of such absence.

3. Application for leave of absence to vote shall bemade to the employer or person authorized to grant such leave prior to the dayof the election.

4. Any employer or person authorized to grant theleave of absence provided for in subsection 1, who denies any registered voterany right granted under this section, or who otherwise violates the provisionsof this section, is guilty of a misdemeanor.

(Added to NRS by 1960, 267)

NRS 293.464 Court-orderedextension of deadline for voting.

1. If a court of competent jurisdiction orders acounty to extend the deadline for voting beyond the statutory deadline in aparticular election, the county clerk shall, as soon as practicable after hereceives notice of the courts decision:

(a) Cause notice of the extended deadline to bepublished in a newspaper of general circulation in the county; and

(b) Transmit a notice of the extended deadline to eachregistered voter who requested an absent voters ballot for the election andhas not returned the ballot before the date on which the notice will betransmitted.

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

(a) In a county whose population is 45,000 or more, onat least 3 successive days.

(b) In a county whose population is less than 45,000,at least twice in successive issues of the newspaper.

(Added to NRS by 1993, 2172; A 2001, 1974)

NRS 293.465 Lossor destruction of ballots, or other cause preventing election in precinct ordistrict; new election. If an election isprevented in any precinct or district by reason of the loss or destruction ofthe ballots intended for that precinct, or any other cause, the electionofficers for that precinct or district shall make an affidavit setting forththat fact and transmit it to the appropriate board of county commissioners.Upon receipt of the affidavit and upon the application of any candidate for anyoffice 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 precinctor district.

(Added to NRS by 1960, 268; A 1987, 353; 1999, 264)

NRS 293.468 Secretaryof State to provide election materials in usable format for elderly or disabledperson. Not later than 5 working days afterthe request of an elderly or disabled person, the Secretary of State shallprovide to the person, in a format that can be used by the person, anyrequested material that is:

1. Related to elections; and

2. Made available by the Secretary of State to thepublic in printed form.

(Added to NRS by 2001, 1433)

NRS 293.4685 Certainadditional duties of Secretary of State; county and city clerks to provideinformation requested by Secretary of State.

1. The Secretary of State shall:

(a) Provide information regarding voter registrationand absentee voting by Armed Forces personnel and overseas voters;

(b) Within 90 days after the date of each generalelection 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 toabsent Armed Forces personnel and overseas voters for the election and thecombined number of such ballots that were returned by such voters and cast inthe election;

(c) Make each report submitted pursuant to paragraph(b) available to the public; and

(d) Adopt any regulations which are necessary to complywith 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 theextent the provisions of this chapter are consistent with the Help America VoteAct of 2002, Public Law 107-252.

2. Each county and city clerk shall provide suchinformation as is requested by the Secretary of State to comply with theprovisions of this section.

(Added to NRS by 2003, 2173)

NRS 293.4687 Websitemaintained by Secretary of State for public information relating to elections;requirements.

1. The Secretary of State shall maintain a website onthe Internet for public information maintained, collected or compiled by theSecretary of State that relates to elections, which must include, withoutlimitation:

(a) The Voters Bill of Rights required to be posted onhis Internet website pursuant to the provisions of NRS 293.2549;

(b) The abstract of votes required to be posted on awebsite pursuant to the provisions of NRS293.388; and

(c) All reports on campaign contributions and expendituressubmitted to the Secretary of State pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362.

2. The abstract of votes required to be maintained onthe website pursuant to paragraph (b) of subsection 1 must be maintained insuch a format as to permit the searching of the abstract of votes for specificinformation.

3. If the information required to be maintained by theSecretary of State pursuant to subsection 1 may be obtained by the public froma website on the Internet maintained by a county clerk or city clerk, theSecretary of State may provide a hyperlink to that website to comply with theprovisions of subsection 1 with regard to that information.

(Added to NRS by 2005, 2283)

NRS 293.4689 Websitemaintained by county clerk for public information relating to elections;requirements.

1. If a county clerk maintains a website on theInternet for information related to elections, the website must contain publicinformation maintained, collected or compiled by the county clerk that relatesto elections, which must include, without limitation:

(a) The locations of polling places for casting a balloton election day in such a format that a registered voter may search the list todetermine the location of the polling place at which the registered voter isrequired to cast a ballot; and

(b) The abstract of votes required pursuant to theprovisions of NRS 293.388.

2. The abstract of votes required to be maintained onthe website pursuant to paragraph (b) of subsection 1 must be maintained insuch a format as to permit the searching of the abstract of votes for specificinformation.

3. If the information required to be maintained by acounty clerk pursuant to subsection 1 may be obtained by the public from awebsite on the Internet maintained by the Secretary of State, another countyclerk or a city clerk, the county clerk may provide a hyperlink to that websiteto comply with the provisions of subsection 1 with regard to that information.

(Added to NRS by 2005, 2284)

NRS 293.469 Countyclerks encouraged to provide election information and materials in usableformat for elderly or disabled person. Eachcounty clerk is encouraged to:

1. Not later than the earlier date of the noticeprovided pursuant to NRS 293.203 or thefirst notice provided pursuant to subsection 3 of NRS 293.560, notify the public, throughmeans designed to reach members of the public who are elderly or disabled, ofthe 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 formatsinformation concerning elections, information concerning how to register tovote and information concerning the manner of voting for use by a person who iselderly or disabled, including, without limitation, providing such informationthrough a telecommunications device that is accessible to a person who is deaf.

3. Not later than 5 working days after receiving therequest of an elderly or disabled person, provide to the person, in a formatthat 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 inprinted form.

(Added to NRS by 2001, 1433; A 2003, 1652)

NRS 293.471 Addressof business that receives or distributes mail to be provided to county clerk. Any person who engages in the business of receiving anddistributing mail for customers shall provide the county clerk of the county inwhich the business is located with the street address of the business.

(Added to NRS by 1993, 2173)

NRS 293.480 Limitationon inspection of ballots after return to county or city clerk. Until the time for contest of election has expired, theballots returned to the county or city clerk may not be inspected by anyperson, except in cases of recount or election contest, and then only by thejudge, special master, board or legislative body before whom the election isbeing 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 Governingbody of political subdivision, public or quasi-public corporation, or otherlocal agency submitting question to voters required to submit certain documentsand information to county and city clerks; fee to cover cost of placingquestion and associated information on ballot.

1. Except as otherwise provided in subsection 2 or NRS 295.121 or 295.217, every governing body of a politicalsubdivision, public or quasi-public corporation, or other local agencyauthorized by law to submit questions to the qualified electors or registeredvoters of a designated territory, when the governing body decides to submit aquestion:

(a) At a general election, shall provide to each countyclerk within the designated territory on or before the third Monday in Julypreceding the election:

(1) Acopy of the question, including an explanation of the question;

(2) Argumentsfor and against the question; and

(3) If the question is an advisory question thatproposes a bond, tax, fee or expense, a fiscal note prepared by the governingbody in accordance with subsection 4 of NRS293.482.

(b) At a primary election, shall provide to each countyclerk within the designated territory on or before the second Friday after thefirst Monday in May preceding the election:

(1) Acopy of the question, including an explanation of the question;

(2) Argumentsfor and against the question; and

(3) If the question is an advisory question thatproposes a bond, tax, fee or expense, a fiscal note prepared by the governingbody in accordance with subsection 4 of NRS293.482.

(c) At any election other than a primary or generalelection at which the county clerk gives notice of the election or otherwiseperforms duties in connection therewith other than the registration of electorsand 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) Acopy of the question, including an explanation of the question;

(2) Argumentsfor and against the question; and

(3) If the question is an advisory question thatproposes a bond, tax, fee or expense, a fiscal note prepared by the governingbody in accordance with subsection 4 of NRS293.482.

(d) At any city election at which the city clerk givesnotice of the election or otherwise performs duties in connection therewith,shall provide to the city clerk at least 60 days before the election:

(1) Acopy of the question, including an explanation of the question;

(2) Argumentsfor and against the question; and

(3) If the question is an advisory question thatproposes a bond, tax, fee or expense, a fiscal note prepared by the governingbody in accordance with subsection 4 of NRS293.482.

2. A question may be submitted after the datesspecified in subsection 1 if the question is expressly privileged or requiredto be submitted pursuant to the provisions of Article 19 of the Constitution ofthe State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizesthe governing body to issue bonds upon the approval of the voters.

3. A county or city clerk may charge any politicalsubdivision, public or quasi-public corporation, or other local agency whichsubmits a question a reasonable fee sufficient to pay for the increased costsincurred in including the question, explanation, arguments and fiscal note onthe 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)

NRS 293.4815 Transmissionof question to be presented to voters to Secretary of State. The county clerk, city clerk or other person responsiblefor preparing the ballot shall transmit any question that will be presented tothe voters to the Secretary of State as soon as practicable after determiningthat the question will be placed on the ballot.

(Added to NRS by 1993, 2665)

NRS 293.482 Advisoryquestions: Submission to voters by certain governmental entities; prerequisitesto placement on ballot; fiscal note; appearance on sample ballot; preparationof sample questions.

1. Thegoverning body of a county or city may, at any general election or general cityelection, ask the advice of the registered voters within its jurisdiction onany question which it has under consideration. No other political subdivision,public or quasi-public corporation, or other local agency may ask the advice ofthe registered voters within its jurisdiction on any question which it hasunder consideration.

2. To place anadvisory question on the ballot at a general election or general city election,the governing body of a county or city must:

(a) Adopt aresolution that:

(1) Setsforth:

(I)The question, in language indicating clearly that the question is advisoryonly;

(II)An explanation of the question;

(III) Except as otherwise provided in NRS 295.121 and 295.217, arguments for and against thequestion; and

(IV)If the question is an advisory question that proposes a bond, tax, fee orexpense, a fiscal note prepared by the governing body in accordance with subsection4; and

(2) States that the result of the voting on thequestion does not place any legal requirement on the governing body, any memberof the governing body or any officer of the political subdivision; and

(b) Comply with the requirements of paragraph (a) or(d) of subsection 1 of NRS 293.481.

3. A governing body may, at any general election, askthe advice of the registered voters of part of its territory if:

(a) The advisory question to be submitted affects onlythat part of its territory; and

(b) The resolution adopted pursuant to subsection 2sets forth the boundaries of the area in which the advice of the registeredvoters will be asked.

4. Withrespect to a fiscal note that is required in connection with an advisoryquestion:

(a) If, in theadvisory question, the governing body seeks advice on whether bonds should beissued, the fiscal note must include any information that is required by law tobe included on the sample ballot pursuant to the provisions of law that governthe procedure for issuance of the applicable type of bond.

(b) If, in theadvisory question, the governing body seeks advice on whether a limitation uponrevenue from taxes ad valorem should be exceeded, the fiscal note must includeany information that is required by law to be included on the sample ballotpursuant to the provisions of law that govern the procedure for exceeding thatlimitation.

(c) If, in theadvisory question, the governing body seeks advice on whether a tax other thana property tax described in paragraph (b) should be levied, the fiscal notemust:

(1) Identifythe average annual cost that is expected to be incurred by the affectedtaxpayers if the tax were to be levied;

(2) Specifythe period over which the tax is proposed to be levied;

(3) Disclosewhether, in connection with the levy of the tax, revenue bonds are to be soldwhich will be backed by the full faith and credit of the assessed value of theapplicable local government; and

(4) Ifapplicable, specify whether, in connection with or following the levy of thetax, additional expenses are expected to be incurred to pay for the operationor maintenance of any program or service to be provided from the proceeds ofthe tax or to pay for the operation or maintenance of any building, equipment,facility, machinery, property, structure, vehicle or other thing of value to bepurchased, improved or repaired with the proceeds of the tax.

(d) If, in theadvisory question, the governing body seeks advice on whether a fee should beimposed, the fiscal note must:

(1) Identifythe average annual cost that is expected to be incurred by the affected usersif the fee were to be imposed;

(2) Specifythe period over which the fee is proposed to be imposed; and

(3) Ifapplicable, specify whether, in connection with or following the imposition ofthe fee, additional expenses are expected to be incurred to pay for the programor service to be provided from the proceeds of the fee or to pay for theoperation or maintenance of any building, equipment, facility, machinery,property, structure, vehicle or other thing of value to be purchased, improved orrepaired with the proceeds of the fee.

(e) If, in theadvisory question, the governing body seeks advice on whether the applicablelocal government should incur an expense, the fiscal note must:

(1) Identifythe source of revenue that will be used to pay the expense;

(2) Disclosewhether it is expected that the incurring of the expense will require the levyor imposition of a new tax or fee or the increase of an existing tax or fee;and

(3) If atax or fee is proposed to be levied or imposed or increased to pay the expense,contain the information required pursuant to paragraph (c) or (d), as applicable.

5. On thesample ballot for the general election or general city election, each advisoryquestion must appear:

(a) With atitle in substantially the following form: Advisory Ballot Question No. ....;and

(b) With itsexplanation, arguments and, if required, fiscal note.

6. The Committee on Local Government Finance shallprepare sample advisory ballot questions to demonstrate, for each situationenumerated in paragraphs (a) to (e), inclusive, of subsection 4, examples ofthe manner in which fiscal notes should be prepared.

(Added to NRS by 1979, 701; A 1987, 354; 1993, 2190; 1999, 2117; 2003, 3195)

REGISTRATION OF VOTERS; REGISTRARS

NRS 293.485 Qualificationof voter: Citizenship, age and residence.

1. Every citizen of the United States, 18 years of ageor over, who has continuously resided in this State and in the county 30 daysand 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,

and who hasregistered in the manner provided in this chapter, is entitled to vote at thatelection.

2. This section does not exclude the registration ofeligible persons whose 18th birthday or the date of whose completion of therequired 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 Determinationof address at which voter actually resides.

1. Except as otherwise provided in subsection 2, forthe purposes of registering to vote, the address at which the voter actuallyresides is the street address assigned to the location at which the voteractually resides.

2. For the purposes of registering to vote, if thevoter 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 thelocation at which the voter actually resides. The description must identify thelocation with sufficient specificity to allow the county clerk to assign thelocation to a precinct.

3. The provisions of this section do not authorize aperson to register to vote if he is not otherwise eligible to register to vote.

(Added to NRS by 2001, 2946)

NRS 293.487 Whenresidence not gained or lost. No person maygain or lose residence by reason of his presence or absence while employed inthe military, naval or civil service of the United States or of the State ofNevada, or while engaged in the navigation of the waters of the United Statesor of the high seas, or while a student at any seminary or other institution oflearning, or while an inmate of any public institution.

(Added to NRS by 1960, 272)

NRS 293.490 Residencenot lost upon removal from county or precinct. Anyregistered voter removing from one county to another in the State, or from oneprecinct to another within the same county, after the close of registration forany election shall be deemed to retain his residence in the county or precinctremoved from for the purposes of that election.

(Added to NRS by 1960, 272; A 1967, 851; 1977, 471)

NRS 293.493 Lossof residence upon removal to another state, territory or foreign country. If a person removes to another state, territory or foreigncountry, with the intention of establishing his domicile there, he therebyloses his residence in this State.

(Added to NRS by 1960, 272)

NRS 293.495 Presumptionof intention to abandon residence. If a personhaving a fixed and permanent home in this State breaks up such home and removesto another state, territory or foreign country, the intent to abandon hisresidence in this State shall be presumed, and the burden shall be upon him toprove the contrary. The same rule shall apply when a person removes from onecounty to another within the State, or from one precinct to another within thecounty.

(Added to NRS by 1960, 272)

NRS 293.497 Residenceof head of family. If a person has a familyresiding in one place and he does business in another, the former is hisresidence, unless his family is located there only temporarily, but if hisfamily resides without the State and he is permanently residing within theState, with no intention of removing therefrom, he shall be deemed a residentfor election purposes.

(Added to NRS by 1960, 272; A 1979, 338)

NRS 293.500 Lossof residence upon removal from State with intention to remain elsewhere forindefinite time. Except as otherwise providedin NRS 293.487, if a person removes toanother state, territory or foreign country, with the intention of residingthere for an indefinite time, he thereby loses his residence in this State forelection purposes, notwithstanding that he may intend to return at someuncertain future date. An occasional return to the place of his formerresidence in this State, regardless of the reason, is not sufficient topreserve his residence.

(Added to NRS by 1960, 272; A 1973, 870; 1989, 2168)

NRS 293.5002 Registrationof person with fictitious address: Form of application; maintenance ofapplication by Secretary of State and county clerk.

1. The Secretary of State shall establish proceduresto 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,

withoutrevealing the confidential address of the person.

2. In addition to establishing appropriate proceduresor developing forms pursuant to subsection 1, the Secretary of State shalldevelop a form to allow a person for whom a fictitious address has been issuedto register to vote or to change the address of his current registration. Theform must include:

(a) A section that contains the confidential address ofthe person; and

(b) A section that contains the fictitious address ofthe person.

3. Upon receiving a completed form from a person forwhom a fictitious address has been issued, the Secretary of State shall:

(a) On the portion of the form that contains thefictitious address of the person, indicate the county and precinct in which theperson will vote and forward this portion of the form to the appropriate countyclerk; and

(b) File the portion of the form that contains theconfidential address.

4. Notwithstanding any other provision of law, anyrequest received by the Secretary of State pursuant to subsection 3 shall bedeemed a request for a permanent absent ballot.

5. Notwithstanding any other provision of law:

(a) The Secretary of State and each county clerk shallkeep the portion of the form developed pursuant to subsection 2 that he retainsseparate 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 afictitious address available for:

(1) Inspection or copying; or

(2) Inclusion in any list that is made availablefor public inspection,

unless he isdirected to do so by lawful order of a court of competent jurisdiction.

(Added to NRS by 1997, 1331; A 2001, 695)

NRS 293.501 Useof form provided by Federal Government by elector who resides outside Nevada. Notwithstanding any other provisions of this title:

1. Any elector of this State who resides outside thisState may use the form provided by the Federal Government pursuant to theprovisions of the Uniformed and Overseas Citizens Absentee Voting Act of 1986,42 U.S.C. 1973, to register to vote in this State.

2. The county clerk shall not register a voter whosubmits the form from any location within this State.

3. If an elector registers to vote pursuant to theprovisions of subsection 1, he shall be deemed to be registered as of the datethat the form or the envelope containing the form is postmarked.

(Added to NRS by 1987, 2048; A 1989, 2168; 1993,2190; 1995, 2269)

NRS 293.502 Registrationof certain persons recently discharged from Armed Forces of the United States.

1. An elector who:

(a) Complies with the requirements for registration setforth in the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973;

(b) Is discharged from the Armed Forces of the UnitedStates not more than 60 days before an election;

(c) Presents evidence of his discharge to the countyclerk; and

(d) Is not registered to vote at the close ofregistration for that election,

must beallowed to register to vote in the election.

2. Such an elector must:

(a) Register in person; and

(b) Vote in the office of the county clerk unless he isotherwise entitled to vote an absent ballot pursuant to federal law.

3. The Secretary of State shall adopt regulations tocarry out a program of registration for such electors.

(Added to NRS by 1993, 2168)

NRS 293.503 Countyclerk is ex officio county registrar; custody of documents relating toregistration; official records of office of county clerk; maintenance of records;time limitation on program to remove names of ineligible persons; availabilityof records for public inspection; confidential information.

1. The county clerk of each county where a registrarof voters has not been appointed pursuant to NRS244.164:

(a) Is ex officio county registrar and registrar forall precincts within the county.

(b) Shall have the custody of all books, documents andpapers pertaining to registration provided for in this chapter.

2. All books, documents and papers pertaining toregistration are official records of the office of the county clerk.

3. The county clerk shall maintain records of anyprogram or activity that is conducted within the county to ensure the accuracyand currency of the registrar of voters register for not less than 2 yearsafter creation. The records must include the names and addresses of any personto whom a notice is mailed pursuant to NRS293.5235, 293.530, or 293.535 and whether the person responded tothe notice.

4. Any program or activity that is conducted withinthe county for the purpose of removing the name of each person who isineligible to vote in the county from the registrar of voters register must becomplete not later than 90 days before the next primary or general election.

5. Except as otherwise provided by subsection 6, allrecords maintained by the county clerk pursuant to subsection 3 must beavailable for public inspection.

6. Any information relating to where a personregisters to vote must remain confidential and is not available for publicinspection. Such information may only be used by an election officer forpurposes related to voter registration.

(Added to NRS by 1960, 272; A 1971, 447; 1995, 2269)

NRS 293.5035 Designationby county clerk of building owned or leased by county as county facility atwhich electors may register to vote.

1. The county clerk may designate any building ownedor leased by the county, or any portion of such a building, as a countyfacility at which electors may register to vote.

2. A county facility designated pursuant to subsection1 must be operated as an auxiliary county facility at which voter registrationis carried out in addition to being carried out at the office of the countyclerk.

3. If the county clerk designates a county facilitypursuant to subsection 1, the county clerk shall determine the hours ofoperation for the facility and shall, in cooperation with the Secretary ofState, ensure that the facility is operated, staffed and equipped in compliancewith all applicable provisions of title 24 of NRS and all other applicableprovisions of state and federal law relating to the registration of electors inthis State.

(Added to NRS by 2005, 311)

NRS 293.504 Voterregistration agencies: Creation; duties; duty of Secretary of State tocooperate with Secretary of Defense to allow persons to register at militaryrecruitment offices.

1. The following offices shall serve as voter registrationagencies:

(a) Such offices that provide public assistance as aredesignated by the Secretary of State;

(b) Each office that receives money from the State ofNevada to provide services to persons in this State who are disabled;

(c) The offices of the Department of Motor Vehicles;

(d) The offices of the city and county clerks;

(e) Such other county and municipal facilities as acounty clerk or city clerk may designate pursuant to NRS 293.5035 or 293C.520, as applicable; and

(f) Such other offices as the Secretary of State deemsappropriate.

2. Each voter registration agency shall:

(a) Post in a conspicuous place, in at least 12-pointtype, instructions for registering to vote;

(b) Make applications to register to vote which may bereturned by mail available to each person who applies for or receives servicesor assistance from the agency;

(c) Provide the same amount of assistance to anapplicant in completing an application to register to vote as the agencyprovides to a person completing any other forms for the agency; and

(d) Accept completed applications to register to vote.

3. Except as otherwise provided in this subsection andNRS 293.524, any application to registerto vote accepted by a voter registration agency must be transmitted to thecounty clerk not later than 10 days after the application is accepted. Theapplications must be forwarded daily during the 2 weeks immediately precedingthe fifth Sunday preceding an election. The county clerk shall accept anyapplication to register to vote which is obtained from a voter registration agencypursuant to this section and completed by the fifth Sunday preceding anelection if he receives the application not later than 5 days after that date.

4. The Secretary of State shall cooperate with theSecretary of Defense to develop and carry out procedures to enable persons inthis State to apply to register to vote at recruitment offices of the UnitedStates Armed Forces.

(Added to NRS by 1995, 2256; A 1999, 3592; 2001, 1435, 2595; 2003, 1718, 2177; 2005, 311)

NRS 293.5045 Voterregistration agencies: Prohibited acts; penalty.

1. A person who works in a voter registrationagency shall not:

(a) Seek to influence an applicants politicalpreference or party registration;

(b) Display a political preference or party allegiancein a place where it can be seen by an applicant;

(c) Make any statement or take any action to discouragean applicant from registering to vote; or

(d) Make any statement or take any action which wouldlead the applicant to believe that a decision to register to vote has anyeffect on the availability of any services or benefits provided by the State orFederal Government.

2. A person who violates any of the provisions of thissection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1995, 2256; A 1997, 231, 608)

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 incounty seats, are ex officio field registrars to carry out the provisions ofthis chapter.

2. The county clerk shall appoint at least oneregistered voter to serve as a field registrar of voters who, except asotherwise provided in NRS 293.5055,shall register voters within the county for which he is appointed. Except asotherwise provided in subsection 1, a candidate for any office may not beappointed or serve as a field registrar. A field registrar serves at thepleasure of the county clerk and shall perform his duties as the county clerkmay direct.

3. A field registrar shall demand of any person whoapplies for registration all information required by the application toregister to vote and shall administer all oaths required by this chapter.

4. When a field registrar has in his possession fiveor more completed applications to register to vote, he shall forward them tothe county clerk, but in no case may he hold any number of them for more than10 days.

5. Each field registrar shall forward to the countyclerk all completed applications in his possession immediately after the fifthSunday preceding an election. Within 5 days after the fifth Sunday precedingany general election or general city election, a field registrar shall returnall unused applications in his possession to the county clerk. If all of theunused applications are not returned to the county clerk, the field registrarshall account for the unreturned applications.

6. Each field registrar shall submit to the countyclerk a list of the serial numbers of the completed applications to register tovote and the names of the electors on those applications. The serial numbersmust be listed in numerical order.

7. Each field registrar shall post notices sent to himby the county clerk for posting in accordance with the election laws of thisState.

8. A field registrar, employee of a voter registrationagency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

(a) Delegate any of his duties to another person; or

(b) Refuse to register a person on account of thatpersons political party affiliation.

9. A person shall not hold himself out to be orattempt to exercise the duties of a field registrar unless he has been soappointed.

10. A county clerk, field registrar, employee of avoter registration agency or person assisting a voter pursuant to subsection 13of NRS 293.5235 shall not:

(a) Solicit a vote for or against a particular questionor candidate;

(b) Speak to a voter on the subject of marking hisballot for or against a particular question or candidate; or

(c) Distribute any petition or other materialconcerning a candidate or question which will be on the ballot for the ensuingelection,

while he isregistering an elector.

11. When the county clerk receives applications toregister to vote from a field registrar, he shall issue a receipt to the fieldregistrar. 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 avoter registration agency or person assisting a voter pursuant to subsection 13of NRS 293.5235 shall not:

(a) Knowingly register a person who is not a qualifiedelector or a person who has filed a false or misleading application to registerto vote; or

(b) Register a person who fails to provide satisfactoryproof of identification and the address at which he actually resides.

13. A county clerk, field registrar, employee of avoter registration agency, person assisting a voter pursuant to subsection 13of NRS 293.5235 or any other personproviding a form for the application to register to vote to an elector for thepurpose of registering to vote:

(a) If the person who assists an elector withcompleting the form for the application to register to vote retains the form,shall enter his name on the duplicate copy or receipt retained by the voterupon completion of the form; and

(b) Shall not alter, deface or destroy an applicationto register to vote that has been signed by an elector except to correctinformation contained in the application after receiving notice from theelector that a change in or addition to the information is required.

14. If a field registrar violates any of theprovisions of this section, the county clerk shall immediately suspend thefield registrar and notify the district attorney of the county in which theviolation occurred.

15. A person who violates any of the provisions ofsubsection 8, 9, 10, 12 or 13 is guilty of a category E felony and shall bepunished 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)

NRS 293.5055 Registrationof voter outside boundaries of county. Acounty clerk or field registrar may register, outside the boundaries of thecounty, any voter who is a resident of that county.

(Added to NRS by 1987, 1617; A 1993, 2191)

NRS 293.5057 Registrationof nonresident to vote for office of President and Vice President. A person who does not maintain a residence in this Statemay register to vote for the office of President and Vice President of theUnited States if he files a sworn statement with the county clerk or fieldregistrar of voters that he is not registered to vote in any other state andprovides evidence:

1. Of his domicile in this State in accordance withthe provisions of NRS 41.191;

2. That he maintains an account at a financialinstitution located in this State; or

3. That his motor vehicle is registered in this State.

(Added to NRS by 1993, 2169; A 1995, 680)

NRS 293.506 Registrationof voters by computer. A county clerk may,with approval of the board of county commissioners, establish a system forusing a computer to register voters and to keep records of registration. Thecounty clerk may, for that purpose, issue to a voter a card, bearing thesignature of the voter, attesting to his registration.

(Added to NRS by 1985, 558)

NRS 293.507 Formsfor application to register to vote; requirements for forms; use of certainnumbers to identify voter; regulations.

1. The Secretary of State shall prescribe:

(a) A standard form for applications to register tovote; and

(b) A special form for registration to be used in acounty where registrations are performed and records of registration are keptby computer.

2. The county clerks shall provide forms forapplications to register to vote to field registrars in the form and numberprescribed by the Secretary of State.

3. Each form for an application to register to votemust include a:

(a) Unique control number assigned by the Secretary ofState; and

(b) Receipt which:

(1) Includes a space for a person assisting avoter in completing the form to enter his name; and

(2) May be retained by the applicant uponcompletion of the form.

4. The form for an application to register to votemust include:

(a) A line for use by the county clerk to enter:

(1) Thenumber indicated on the voters current and valid drivers license issued bythe Department of Motor Vehicles, if the voter has such a drivers license;

(2) Thelast four digits of the voters social security number, if the voter does nothave a drivers license issued by the Department of Motor Vehicles and doeshave a social security number; or

(3) The number issued to the voter pursuant tosubsection 5, if the voter does not have a current and valid drivers licenseissued by the Department of Motor Vehicles or a social security number.

(b) A line on which to enter the address at which thevoter actually resides, as set forth in NRS293.486.

(c) A notice that the voter may not list a business asthe address required pursuant to paragraph (b) unless he actually residesthere.

(d) A line on which to enter an address at which thevoter may receive mail, including, without limitation, a post office box orgeneral delivery.

5. If a voter does not have the identification setforth in subparagraph (1) or (2) of paragraph (a) of subsection 4, the votershall sign an affidavit stating that he does not have a current and validdrivers license issued by the Department of Motor Vehicles or a socialsecurity number. Upon receipt of the affidavit, the county clerk shall issue anidentification number to the voter which must be the same number as the uniqueidentifier assigned to the voter for purposes of the statewide voter registrationlist.

6. The Secretary of State shall adopt regulations tocarry 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)

NRS 293.508 Formsfor application to register to vote must include option to receive sampleballot in larger type. The Secretary of Stateshall include on all forms for an application to register to vote prescribed byhim the following option, printed in a separate box created by bold lines, inat least 14-point bold type:

 

[ ] CHECK THIS BOXTO RECEIVE A SAMPLE BALLOT IN LARGER TYPE

 

(Added to NRS by 2001, 2001)

NRS 293.509 Countyclerk authorized to provide form for application to register to vote uponrequest; requirements for request; records to be kept by county clerk inresponse to request.

1. A county clerk may provide the form for theapplication to register to vote prescribed by the Secretary of State pursuantto NRS 293.507 to a candidate, majorpolitical party, minor political party or any other person submitting a requestpursuant to subsection 2.

2. A candidate, major political party, minor politicalparty or other person shall:

(a) Submit a request for forms for the application toregister to vote to the county clerk in person, by telephone, in writing or byfacsimile machine; and

(b) State the number of forms for the application toregister to vote that the candidate, major political party, minor politicalparty or other person is requesting.

3. The county clerk may record the control numbersassigned to the forms by the Secretary of State pursuant to NRS 293.507 of the forms he provided inresponse to the request. The county clerk shall maintain a request for multipleapplications with his records.

(Added to NRS by 2005, 1431)

NRS 293.510 Electionboard register; registrar of voters register.

1. In counties where computers are not used toregister voters, the county clerk shall:

(a) Segregate original applications to register to voteaccording to the precinct in which the registered voters reside and arrange theapplications in each precinct or district in alphabetical order. Theapplications for each precinct or district must be kept in a separate binderwhich is marked with the number of the precinct or district. This binderconstitutes the election board register.

(b) Arrange the duplicate applications of registrationin alphabetical order for the entire county and keep them in binders or asuitable file which constitutes the registrar of voters register.

2. In any county where a computer is used to registervoters, the county clerk shall:

(a) Arrange the original applications to register tovote for the entire county in a manner in which an original application may bequickly located. These original applications constitute the registrar of votersregister.

(b) Segregate the applications to register to vote in acomputer file according to the precinct or district in which the registeredvoters reside, and for each precinct or district have printed a computerlisting which contains the applications to register to vote in alphabeticalorder. These listings of applications to register to vote must be placed inseparate 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 Registerkept by computer to include all information in original applications toregister to vote. If a registrar of votersregister or an election board register is kept by computer, the register mustinclude all the information contained in the original applications to registerto vote.

(Added to NRS by 1993, 2169; A 1995, 2263; 2001, 2948)(Substitutedin revision for NRS 293.251)

NRS 293.513 Electormay register for other elections despite closing of registration for impendingelection. If at any time the registrar ofvoters register is closed for one election, but open for some other election,any elector must be permitted to register for the other election, but thecounty clerk shall retain the electors application to register to vote in aseparate file until the registrar of voters register is again open for filingof applications at which time all applications in the temporary file must beplaced in their proper position in the registrar of voters register.

(Added to NRS by 1960, 273; A 1973, 350; 1995, 2272)

NRS 293.517 Registrationof elector; issuance of voter registration card.

1. Any elector residing within the county mayregister:

(a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the countyclerk, a field registrar or a voter registration agency, completing theapplication to register to vote, giving true and satisfactory answers to all questionsrelevant to his identity and right to vote, and providing proof of hisresidence and identity;

(b) By completing and mailing or personally deliveringto the county clerk an application to register to vote pursuant to theprovisions of NRS 293.5235;

(c) Pursuant to the provisions of NRS 293.501 or 293.524; or

(d) At his residence with the assistance of a fieldregistrar pursuant to NRS 293.5237.

The countyclerk shall require a person to submit official identification as proof of residenceand identity, such as a drivers license or other official document, beforeregistering him. If the applicant registers to vote pursuant to this subsectionand fails to provide proof of his residence and identity, the applicant mustprovide proof of his residence and identity before casting a ballot in personor by mail or after casting a provisional ballot pursuant to NRS 293.3081 or 293.3083.

2. The application to register to vote must be signedand verified under penalty of perjury by the elector registering.

3. Each elector who is or has been married must beregistered under his own given or first name, and not under the given or firstname or initials of his spouse.

4. An elector who is registered and changes his namemust complete a new application to register to vote. He may obtain a newapplication:

(a) At the office of the county clerk or fieldregistrar;

(b) By submitting an application to register to votepursuant to the provisions of NRS 293.5235;

(c) By submitting a written statement to the countyclerk requesting the county clerk to mail an application to register to vote;or

(d) At any voter registration agency.

If theelector fails to register under his new name, he may be challenged pursuant tothe provisions of NRS 293.303 or 293C.292 and may be required to furnishproof of identity and subsequent change of name.

5. An elector who registers to vote pursuant toparagraph (a) of subsection 1 shall be deemed to be registered upon thecompletion of his application to register to vote.

6. After the county clerk determines that theapplication to register to vote of a person is complete and that the person iseligible to vote, he shall issue a voter registration card to the voter whichcontains:

(a) The name, address, political affiliation andprecinct number of the voter;

(b) The date of issuance; and

(c) The signature of the county clerk.

(Added to NRS by 1960, 274; A 1983, 1289; 1985, 562;1989, 2168; 1991, 1684; 1993, 2192; 1995, 2272; 1997, 764, 3466; 2003, 1720, 2180)

NRS 293.518 Electorto indicate affiliation or nonaffiliation with political party at time ofvoting; duties of county clerk or field registrar of voters in listingelectors affiliation or lack thereof; electors party to be listed as nonpartisanif elector makes no indication.

1. At the time an elector registers to vote he mustindicate:

(a) His political party affiliation; or

(b) That he is not affiliated with a political party.

An electorwho indicates that he is independent shall be deemed not affiliated with apolitical party.

2. If an elector indicates that he is not affiliatedwith a political party, or that he is independent, the county clerk or fieldregistrar of voters shall list the electors political party as nonpartisan.

3. If an elector indicates an affiliation with a majorpolitical party or a minor political party that has filed a certificate ofexistence with the Secretary of State, the county clerk or field registrar ofvoters shall list the electors political party as indicated by the elector.

4. If an elector indicates an affiliation with a minorpolitical party that has not filed a certificate of existence with theSecretary of State, the county clerk or field registrar of voters shall:

(a) List the electors political party as the partyindicated in the application to register to vote.

(b) When compiling data related to voter registrationfor the county, report the electors political party as other party.

5. If anelector does not make any of the indications described in subsection 1, thecounty clerk or field registrar of voters shall:

(a) List theelectors political party as nonpartisan; and

(b) Mail to the elector a notice setting forth that theelector has been registered to vote as a nonpartisan because the elector didnot 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 Registrationor reregistration of elector who is unable to sign name. Except as otherwise provided in this section, theregistration or reregistration of electors who are unable to sign their namesmust be made upon personal application of those electors at the office of thecounty clerk where they may be identified or in the presence of a fieldregistrar. If such an elector is unable to appear in person at the office ofthe county clerk, the county clerk shall send a field registrar or an employeeof the office of the county clerk to the elector to identify the elector andregister or reregister the elector as appropriate. The electors described inthis 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 Registrationof naturalized citizen. A naturalized citizenneed not produce his certificate of naturalization in order to qualify to beregistered.

(Added to NRS by 1960, 274; A 1973, 896; 1975, 943)

NRS 293.5235 Registrationof voters by mail; penalty.

1. Except as otherwise provided in NRS 293.502, a person may register to voteby mailing an application to register to vote to the county clerk of the countyin which he resides. The county clerk shall, upon request, mail an applicationto register to vote to an applicant. The county clerk shall make theapplications available at various public places in the county. An applicationto register to vote may be used to correct information in the registrar ofvoters register.

2. An application to register to vote which is mailedto an applicant by the county clerk or made available to the public at variouslocations or voter registration agencies in the county may be returned to thecounty clerk by mail or in person. For the purposes of this section, anapplication which is personally delivered to the county clerk shall be deemedto 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 anapplication, determine whether the application is complete.

5. If he determines that the application is complete,he shall, within 10 days after he receives the application, mail to theapplicant:

(a) A notice informing him that he is registered tovote and a voter registration card as required by subsection 6 of NRS 293.517; or

(b) A notice informing him that the registrar ofvoters register has been corrected to reflect any changes indicated on theapplication.

6. Except as otherwise provided in subsection 5 of NRS 293.518, if the county clerk determinesthat the application is not complete, he shall, as soon as possible, mail anotice to the applicant informing him that additional information is requiredto complete the application. If the applicant provides the informationrequested by the county clerk within 15 days after the county clerk mails thenotice, the county clerk shall, within 10 days after he receives theinformation, mail to the applicant:

(a) A notice informing him that he is registered tovote and a voter registration card as required by subsection 6 of NRS 293.517; or

(b) A notice informing him that the registrar ofvoters register has been corrected to reflect any changes indicated on theapplication.

If theapplicant does not provide the additional information within the prescribedperiod, the application is void.

7. The applicant shall be deemed to be registered orto have corrected the information in the register:

(a) If the application is received by the county clerkor postmarked not more than 3 working days after the applicant completed theapplication, on the date the applicant completed the application; or

(b) If the application is received by the county clerkor postmarked more than 3 working days after the applicant completed theapplication, on the date the application is received by the county clerk.

8. If the applicant fails to check the box describedin paragraph (b) of subsection 10, the application shall not be consideredinvalid and the county clerk shall provide a means for the applicant to correctthe omission at the time the applicant appears to vote in person at hisassigned polling place.

9. The Secretary of State shall prescribe the form foran application to register to vote by mail which must be used to register tovote by mail in this State.

10. The application to register to vote by mail mustinclude:

(a) A notice in at least 10-point type which states:

 

NOTICE: You are urged toreturn your application to register to vote to the County Clerk in person or bymail. If you choose to give your completed application to another person toreturn to the County Clerk on your behalf, and the person fails to deliver theapplication to the County Clerk, you will not be registered to vote. Pleaseretain 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 checkto indicate whether or not the applicant is a citizen of the United States.

(c) Thequestion, Will you be at least 18 years of age on or before election day? andboxes for the applicant to check to indicate whether or not the applicant willbe at least 18 years of age or older on election day.

(d) A statementinstructing the applicant not to complete the application if the applicantchecked no in response to the question set forth in paragraph (b) or (c).

(e) A statement informing the applicant that if theapplication is submitted by mail and the applicant is registering to vote forthe first time, the applicant must submit the information set forth inparagraph (a) of subsection 2 of NRS293.2725 to avoid the requirements of subsection 1 of NRS 293.2725 upon voting for the firsttime.

11. Except as otherwise provided in subsection 5 of NRS 293.518, the county clerk shall notregister a person to vote pursuant to this section unless that person hasprovided all of the information required by the application.

12. The county clerk shall mail, by postcard, thenotices required pursuant to subsections 5 and 6. If the postcard is returnedto the county clerk by the United States Postal Service because the address isfictitious or the person does not live at that address, the county clerk shallattempt to determine whether the persons current residence is other than thatindicated on his application to register to vote in the manner set forth in NRS 293.530.

13. A person who, by mail, registers to vote pursuantto this section may be assisted in completing the application to register tovote by any other person. The application must include the mailing address andsignature of the person who assisted the applicant. The failure to provide theinformation required by this subsection will not result in the applicationbeing deemed incomplete.

14. An application to register to vote must be madeavailable to all persons, regardless of political party affiliation.

15. An application must not be altered or otherwisedefaced after the applicant has completed and signed it. An application must bemailed or delivered in person to the office of the county clerk within 10 daysafter it is completed.

16. A person who willfully violates any of theprovisions of subsection 13, 14 or 15 is guilty of a category E felony andshall be punished as provided in NRS 193.130.

17. The Secretary of State shall adopt regulations tocarry 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)

NRS 293.5237 Registrationof person at home by field registrar. Any timebefore the fifth Sunday preceding an election, a person who because of illness,disability or for other good cause shown requires assistance to complete anapplication to register to vote may request the county clerk in writing or bytelephone to register him at his residence. Upon request, the county clerkshall direct the appropriate field registrar to go to the home of such a personto register him to vote.

(Added to NRS by 1993, 2173; A 2003, 1721, 2183)

NRS 293.524 Registrationat time of application for issuance or renewal of drivers license oridentification card; use of forms submitted to Department to correctinformation in registrar of voters register; regulations.

1. The Department of Motor Vehicles shall provide anapplication to register to vote to each person who applies for the issuance orrenewal of any type of drivers license or identification card issued by theDepartment.

2. The county clerk shall use the applications toregister to vote which are signed and completed pursuant to subsection 1 toregister applicants to vote or to correct information in the registrar ofvoters register. An application that is not signed must not be used toregister or correct the registration of the applicant.

3. For the purposes of this section, each employeespecifically authorized to do so by the Director of the Department may overseethe completion of an application. The authorized employee shall check theapplication for completeness and verify the information required by theapplication. Each application must include a duplicate copy or receipt to beretained by the applicant upon completion of the form. The Department shall,except as otherwise provided in this subsection, forward each application on aweekly basis to the county clerk or, if applicable, to the registrar of votersof the county in which the applicant resides. The applications must beforwarded daily during the 2 weeks immediately preceding the fifth Sundaypreceding an election.

4. The county clerk shall accept any application toregister to vote which is obtained from the Department of Motor Vehiclespursuant to this section and completed by the fifth Sunday preceding anelection if he receives the application not later than 5 days after that date.Upon receipt of an application, the county clerk or field registrar of votersshall determine whether the application is complete. If he determines that theapplication is complete, he shall notify the applicant and the applicant shallbe deemed to be registered as of the date of the submission of the application.If he determines that the application is not complete, he shall notify theapplicant of the additional information required. The applicant shall be deemedto be registered as of the date of the initial submission of the application ifthe additional information is provided within 15 days after the notice for theadditional information is mailed. If the applicant has not provided theadditional information within 15 days after the notice for the additionalinformation is mailed, the incomplete application is void. Any notificationrequired by this subsection must be given by mail at the mailing address on theapplication not more than 7 working days after the determination is madeconcerning whether the application is complete.

5. The county clerk shall use any form submitted tothe Department to correct information on a drivers license or identificationcard to correct information in the registrar of voters register, unless theperson indicates on the form that the correction is not to be used for thepurposes of voter registration. The Department shall forward each such form tothe county clerk or, if applicable, to the registrar of voters of the county inwhich the person resides in the same manner provided by subsection 3 forapplications to register to vote.

6. Upon receipt of a form to correct information, thecounty clerk shall compare the information to that contained in the registrarof voters register. If the person is a registered voter, the county clerkshall correct the information to reflect any changes indicated on the form.After making any changes, the county clerk shall notify the person by mail thathis records have been corrected.

7. The Secretary of State shall, with the approval ofthe Director, adopt regulations to:

(a) Establish any procedure necessary to provide anelector who applies to register to vote pursuant to this section theopportunity to do so;

(b) Prescribe the contents of any forms or applicationswhich the Department is required to distribute pursuant to this section; and

(c) Provide for the transfer of the completedapplications of registration from the Department to the appropriate countyclerk for inclusion in the election board registers and registrar of votersregister.

(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 Voteafter residence changed but registration not transferred; affirmation byelector; use of information regarding current address to correct registrar ofvoters register.

1. Any elector who is presently registered and haschanged his residence after the last preceding general election and who failsto 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 onecongressional district to another within the same county must be allowed tovote in the precinct where he previously resided after he provides an oral orwritten affirmation before an election board officer attesting to his newaddress.

(b) Within the same precinct must be allowed to voteafter he provides an oral or written affirmation before an election boardofficer attesting to his new address.

2. If an elector alleges that the records in theregistrar of voters register or the election board register incorrectlyindicate that he has changed his residence, he must be permitted to vote afterhe provides an oral or written affirmation before an election board officerattesting that he continues to reside at the same address.

3. If an elector refuses to provide an oral or writtenaffirmation attesting to his address as required by this section, he may onlyvote at the special polling place in the county in the manner set forth in NRS 293.304.

4. The county clerk shall use any informationregarding the current address of an elector obtained pursuant to this sectionto correct information in the registrar of voters register and the electionboard 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 Noticeof cancellation of registration when elector moves to another county. When an elector moves to another county and registers tovote therein, the county clerk of the county where the elector has moved shallsend a cancellation notice to the clerk of the county in which the electorpreviously resided. The county clerk receiving such a notice shall cancel theregistration of the elector and place it in a cancelled file.

(Added to NRS by 1960, 274; A 1995, 2277)

NRS 293.530 Correctionof statewide voter registration list; authority of county clerk to makeinvestigations; county clerk to cancel registration of voter under certaincircumstances; maintenance of records regarding notices of cancellation;designation of voter as inactive; regulations. Exceptas otherwise provided in NRS 293.541:

1. County clerks may use any reliable and reasonablemeans available to correct the portions of the statewide voter registrationlist which are relevant to the county clerks and to determine whether aregistered voters current residence is other than that indicated on hisapplication to register to vote.

2. A county clerk may, with the consent of the boardof county commissioners, make investigations of registration in the county bycensus, by house-to-house canvass or by any other method.

3. A county clerk shall cancel the registration of avoter pursuant to this section if:

(a) He mails a written notice to the voter which theUnited States Postal Service is required to forward;

(b) He mails a return postcard with the notice whichhas a place for the voter to write his new address, is addressed to the countyclerk and has postage guaranteed;

(c) The voter does not respond; and

(d) The voter does not appear to vote in an electionbefore the polls have closed in the second general election following the dateof the notice.

4. For the purposes of this section, the date of thenotice 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 appearsto vote in an election,

for not lessthan 2 years after creation.

6. The county clerk shall use any postcards which arereturned to correct the portions of the statewide voter registration list whichare relevant to the county clerk.

7. If a voter fails to return the postcard mailedpursuant to subsection 3 within 30 days, the county clerk shall designate thevoter as inactive on his application to register to vote.

8. The Secretary of State shall adopt regulations toprescribe the method for maintaining a list of voters who have been designatedas 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 Dataconcerning change of address of registered voter: Agreement with United StatesPostal 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 eachcounty may enter into an agreement with the United States Postal Service or anyperson authorized by it to obtain the data compiled by the United States PostalService concerning changes of addresses of its postal patrons for use by thecounty clerk to correct the portions of the statewide voter registration listrelevant to the county clerk.

(Added to NRS by 1995, 2257; A 2003, 2185)

NRS 293.5307 Dataconcerning change of address of registered voter: Identification of registeredvoter who has moved; notices to registered voter. Ifa county clerk enters into an agreement pursuant to NRS 293.5303, he shall review each noticeof a change of address filed with the United States Postal Service by aresident of the county and identify each resident who is a registered voter andhas moved to a new address. Before removing or correcting information in thestatewide voter registration list, the county clerk shall mail a notice to eachsuch registered voter and follow the procedures set forth in NRS 293.530.

(Added to NRS by 1995, 2257; A 2003, 2185)

NRS 293.533 Actionto compel registration. Any elector may bringand any number of electors may join in an action or proceeding in a districtcourt to compel the county clerk to enter the name of such elector or electorsin the registrar of voters register and the election board register.

(Added to NRS by 1960, 275; A 1973, 350)

NRS 293.535 Cancellationof registration: Affidavit of person stating elector is not citizen of UnitedStates or has abandoned residence in county; notice to registrant.

1. The county clerk shall notify a registrant if anyelector or other reliable person files an affidavit with him stating that:

(a) The registrant is not a citizen of the UnitedStates; or

(b) The registrant has:

(1) Moved outside the boundaries of the countywhere he is registered to another county, state, territory or foreign country,with the intention of remaining there for an indefinite time and with theintention of abandoning his residence in the county where registered; and

(2) Established his residence in some otherstate, territory or foreign country, or in some other county of this state,naming the place.

The affiantmust state that he has personal knowledge of the facts set forth in theaffidavit.

2. Upon the filing of an affidavit with him pursuantto paragraph (b) of subsection 1, the county clerk shall notify the registrantin the manner set forth in NRS 293.530and shall enclose a copy of the affidavit. If the registrant fails to respondor appear to vote within the required time, the county clerk shall cancel hisregistration.

3. An affidavit filed pursuant to paragraph (a) ofsubsection 1 must be filed not later than 30 days before an election. Upon thefiling of such an affidavit with him, the county clerk shall notify theregistrant by registered or certified mail, return receipt requested, of thefiling of the affidavit, and shall enclose a copy of the affidavit. Unless theregistrant, within 15 days after the return receipt has been filed in the officeof the county clerk, presents satisfactory proof of citizenship, the countyclerk shall cancel his registration.

4. The provisions of this section do not prevent thechallenge provided for in NRS 293.303 or293C.292.

(Added to NRS by 1960, 275; A 1969, 95; 1995, 2278;1997, 3467)

NRS 293.537 Applicationsto 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 afile of the applications to register to vote of electors who have cancelledtheir registration. The file must be kept in alphabetical order. The countyclerk shall mark the applications Cancelled, and indicate thereon the reasonfor cancellation. If the county clerk finds that the registration of an electorwas cancelled erroneously, the county clerk shall reregister the elector or onelection day allow the elector whose registration was erroneously cancelled tovote 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 ofan elector who cancels his registration and destroy the originals at any time.

(b) Record cancelled applications to register to voteby computer and destroy the originals at any time.

(c) Destroy any application to register to vote of anelector who cancels his registration after the expiration of 3 years after thedate of cancellation.

(Added to NRS by 1960, 275; A 1967, 862; 1993, 2196;1995, 2279; 1997, 3468)

NRS 293.540 Circumstancesin which county clerk is required to cancel registration of voter. The county clerk shall cancel the registration:

1. If he has personal knowledge of the death of theperson registered, or if an authenticated certificate of the death of anyelector is filed in his office.

2. If the insanity or mental incompetence of the personregistered is legally established.

3. Upon the determination that the person registeredhas been convicted of a felony unless:

(a) If the person registered was convicted of a felonyin this State, the right to vote of the person has been restored pursuant tothe provisions of NRS 213.090, 213.155 or 213.157.

(b) If the person registered was convicted of a felonyin another state, the right to vote of the person has been restored pursuant tothe laws of the state in which the person was convicted.

4. Upon the production of a certified copy of thejudgment of any court directing the cancellation to be made.

5. Upon the request of any registered voter toaffiliate with any political party or to change his affiliation, if that changeis made before the end of the last day to register to vote in the election.

6. At the request of the person registered.

7. If he has discovered an incorrect registrationpursuant to the provisions of NRS 293.5235,293.530 or 293.535 and the elector has failed torespond or appear to vote within the required time.

8. As required by NRS293.541.

9. Upon verification that the application to registerto vote is a duplicate if he has the original or another duplicate of theapplication on file in his office.

(Added to NRS by 1960, 275; A 1961, 295; 1967, 862;1991, 1686, 2224; 1993, 2196; 1995, 2279; 2003, 2185; 2005, 2289)

NRS 293.541 Additionalcircumstances in which county clerk is required to cancel registration ofvoter; notice to voter; exception to notice requirement if insufficient timeexists before election; voting after execution of affidavit of cancellation;separation of ballots.

1. The county clerk shall cancel the registration of avoter, if:

(a) After consultation with the district attorney, thedistrict attorney determines that there is probable cause to believe thatinformation in the registration concerning the identity or residence of thevoter is fraudulent;

(b) The county clerk provides a notice as requiredpursuant to subsection 2 or executes an affidavit of cancellation pursuant tosubsection 3; and

(c) The voter fails to present satisfactory proof ofhis identity and residence pursuant to subsection 2, 4 or 5.

2. Except as otherwise provided in subsection 3, thecounty clerk shall notify the voter by registered or certified mail, returnreceipt requested, of a determination made pursuant to subsection 1. The noticemust set forth the grounds for cancellation. Unless the voter, within 15 daysafter the return receipt has been filed in the office of the county clerk,presents satisfactory proof of his identity and residence to the county clerk,the county clerk shall cancel his registration.

3. If insufficient time exists before a pendingelection to provide the notice required by subsection 2, the county clerk shallexecute an affidavit of cancellation and file the affidavit of cancellationwith the registrar of voters register and:

(a) In counties where records of registration are notkept by computer, the county clerk shall attach a copy of the affidavit ofcancellation in the election board register.

(b) In counties where records of registration are keptby computer, the county clerk shall have the affidavit of cancellation printedon the computer entry for the registration and add a copy of it to the electionboard register.

4. If a voter appears to vote at the election nextfollowing the date that an affidavit of cancellation was executed for the voterpursuant to this section, the voter must be allowed to vote only if hefurnishes:

(a) Official identification which contains a photographof himself, including, without limitation, a drivers license or other officialdocument; and

(b) Satisfactory identification that contains proof ofthe address at which he actually resides and that address is consistent withthe address listed on the election board register.

5. If a determination is made pursuant to subsection 1concerning information in the registration to vote of a voter and an absentballot or a ballot voted by a voter who resides in a mailing precinct isreceived from the voter, the ballot must be kept separate from other ballotsand must not be counted unless the voter presents satisfactory proof to thecounty clerk of his identity and residence before such ballots are counted onelection day.

(Added to NRS by 2003, 2173)

NRS 293.542 Notificationthat registered voter has been adjudicated insane or mentally incompetent bydistrict court. Within 30 days after a personis adjudicated insane or mentally incompetent by a district court, the clerk ofthe district court shall provide a certified copy of the order or judgment ofinsanity or mental incompetency to:

1. The county clerk of the county in which the personis a resident, if the person is not a resident of the county in which thedistrict court is located; or

2. The registrar of voters of the county, if theperson is a resident of the county in which the district court is located andthe county has created the office of registrar of voters pursuant to NRS 244.164.

(Added to NRS by 1997, 2776)

NRS 293.543 Reregistrationafter cancellation of registration.

1. If the registration of an elector is cancelledpursuant to subsection 2 of NRS 293.540,the county clerk shall reregister the elector upon notice from the clerk of thedistrict court that the elector has been declared sane or mentally competent bythe district court.

2. If the registration of an elector is cancelledpursuant to subsection 3 of NRS 293.540,the elector may reregister after he presents satisfactory evidence whichdemonstrates that:

(a) His conviction has been overturned; or

(b) His civil rights have been restored:

(1) If he was convicted in this State, pursuantto the provisions of NRS 213.090, 213.155 or 213.157.

(2) If he was convicted in another state,pursuant to the laws of the state in which he was convicted.

3. If the registration of an elector is cancelledpursuant to the provisions of subsection 5 of NRS293.540, the elector may reregister immediately.

4. If the registration of an elector is cancelledpursuant to the provisions of subsection 6 of NRS293.540, after the close of registration for a primary election, theelector may not reregister until after the primary election.

(Added to NRS by 1960, 276; A 1993, 2196; 1995, 2280;1997, 2786; 2005,2289)

NRS 293.547 Writtenchallenges.

1. After the 30th day but not later than the 25th daybefore any election, a written challenge may be filed with the county clerk.

2. A registered voter may file a written challenge if:

(a) He is registered to vote in the same precinct ordistrict as the person whose right to vote is challenged; or

(b) The challenge is based on the personal knowledge ofthe registered voter.

3. The challenge must be signed and verified by theregistered voter and name the person whose right to vote is challenged and theground of the challenge.

4. A challenge filed pursuant to this section must notcontain the name of more than one person whose right to vote is challenged. Thecounty clerk shall not accept for filing any challenge which contains more thanone such name.

5. The county clerk shall:

(a) File the challenge in the registrar of votersregister and:

(1) In counties where records of registrationare not kept by computer, he shall attach a copy of the challenge to thechallenged registration in the election board register.

(2) In counties where records of registrationare kept by computer, he shall have the challenge printed on the computer entryfor the challenged registration and add a copy of it to the election boardregister.

(b) Within 5 days after a challenge is filed, mail anotice in the manner set forth in NRS293.530 to the person whose right to vote has been challenged pursuant tothis section informing him of the challenge. If the person fails to respond orappear to vote within the required time, the county clerk shall cancel hisregistration. A copy of the challenge and information describing how toreregister properly must accompany the notice.

(c) Immediately notify the district attorney. A copy ofthe 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, ifappropriate, cause proceedings to be instituted and prosecuted in a court ofcompetent jurisdiction without delay. The court shall give such proceedingspriority over other civil matters that are not expressly given priority by law.Upon court order, the county clerk shall cancel the registration of the personwhose 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)

NRS 293.548 Withdrawalof 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 oraffidavit not later than the 25th day before the date of the election, bysubmitting a written request to the county clerk. Upon receipt of the request,the county clerk shall:

(a) Remove the challenge or affidavit from theregistrar of voters register, any election board register and any other recordin which the challenge or affidavit has been filed or entered;

(b) If a notice of the challenge or affidavit has beenmailed to the person who is the subject of the challenge or affidavit, mail anotice and a copy of the request to withdraw to that person; and

(c) If a notice of the challenge has been mailed to thedistrict attorney, mail a notice and a copy of the request to withdraw to thedistrict attorney.

2. If the county clerk receives a request to withdrawpursuant to subsection 1, the county clerk shall withdraw the personschallenge or affidavit.

(Added to NRS by 1999, 1389)

NRS 293.550 Registrationof electors enlisted or inducted into Armed Forces of the United States:Appearance before county clerk or field registrar. Anyelector of this State who has not registered to vote in this State, or who hasregistered but whose registration has been cancelled, and who contemplatesenlisting in, or has been inducted into, the Armed Forces of the United Statesmay, at any time, appear before the county clerk of the county of his residenceor the field registrar thereof and register as a voter in the manner providedby law.

(Added to NRS by 1960, 276; A 1993, 2197)

NRS 293.553 Registrationof electors in service of United States or attending school: Application bymail, telephone or telegram. Any elector ofthis State who is in the service of the United States or attending aninstitution of learning, and by reason thereof is beyond the boundaries of thisState, and who has not registered before or whose registration has beencancelled may, at any time, request from the county clerk of the county of theelectors residence by mail, telephone or telegram an application to registerto vote. The county clerk, if satisfied that the elector is eligible forregistration, shall forward the application immediately. The county clerkshall, upon receipt of the completed application, file it in the mannerprovided by law.

(Added to NRS by 1960, 277; A 1961, 298; 1989, 2170;1995, 2280)

NRS 293.555 Registrationof 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 buthas not been registered, or his registration has been cancelled, and suchspouse or dependent of the elector is required, by reason of the electorsbeing in the service of the United States, to reside beyond the boundaries ofthis 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 Publicationof list of registered voters.

1. The county clerk may cause to be published once ineach of the newspapers circulated in different parts of the county or cause tobe 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 eachnewspaper if the listing is published in each newspaper circulated in differentparts of the county; or

(2) Within the entire county if the listing ispublished in only one newspaper in the county; or

(b) A statement notifying the public that the countyclerk will provide an alphabetical listing of the names of all registeredvoters in the entire county and the precinct of each voter free of charge toany person upon request.

2. If the county clerk publishes the list ofregistered voters, he must do so:

(a) Not less than 2 weeks before the close ofregistration for any primary election.

(b) After each primary election and not less than 2weeks before the close of registration for the ensuing general election.

3. The county may not pay more than 10 cents per namefor six-point or seven-point type or 15 cents per name for eight-point type orlarger to each newspaper publishing the list.

4. The list of registered voters, if published, mustnot 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 Disclosureof identification numbers to public; county clerk prohibited from disclosingsocial security number, drivers license number or identification card number;registered voter may request that address and telephone number be withheld frompublic.

1. The county clerk shall disclose the identificationnumber of a registered voter to the public, including, without limitation:

(a) In response to an inquiry received by the countyclerk; or

(b) By inclusion of the identification number of theregistered voter on any list of registered voters made available for publicinspection pursuant to NRS 293.301, 293.440, 293.557,293C.290 or 293C.542.

2. The county clerk shall not disclose the socialsecurity number or the drivers license or identification card number of aregistered voter.

3. A registered voter may submit a written request tothe county clerk to have his address and telephone number withheld from thepublic. Upon receipt of such a request, the county clerk shall not disclose theaddress or telephone number of the registered voter to the public, including,without limitation:

(a) In response to an inquiry received by the countyclerk; or

(b) By inclusion on any list of registered voters madeavailable for public inspection pursuant to NRS293.301, 293.440, 293.557, 293C.290 or 293C.542.

4. No information other than the address, telephonenumber, social security number and drivers license or identification cardnumber 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 Closeof registration; election; hours office of county clerk to be open during lastdays before registration closes; publication of day registration closes;offices of county clerk, certain county facilities and ex officio registrarsallowed to be open on last Friday of October in even-numbered years; electorrequired to register to vote in person during certain period; hours ofoperation for county facility for voter registration.

1. Except as otherwise provided in NRS 293.502, registration must close at 9p.m. on the third Tuesday preceding any primary or general election and at 9p.m. on the third Saturday preceding any recall or special election, exceptthat if a recall or special election is held on the same day as a primary orgeneral election, registration must close at 9 p.m. on the third Tuesdaypreceding the day of the elections.

2. The office of the county clerk must be open from 9a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the lastdays before the close of registration, according to the following schedule:

(a) In a county whose population is less than 100,000,the office of the county clerk must be open during the last day beforeregistration closes.

(b) In all other counties, the office of the countyclerk must be open during the last 5 days before registration closes.

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

(a) The county clerk of each county shall cause anotice signed by him to be published in a newspaper having a generalcirculation in the county indicating:

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

(2) If the county clerk has designated a countyfacility pursuant to NRS 293.5035, thelocation of that facility.

If no suchnewspaper is published in the county, the publication may be made in anewspaper of general circulation published in the nearest county in this State.

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

4. The offices of the county clerk, a county facilitydesignated pursuant to NRS 293.5035 andother ex officio registrars may remain open on the last Friday in October ineach even-numbered year.

5. For the period beginning on the fifth Sundaypreceding any primary or general election and ending on the third Tuesdaypreceding any primary or general election, an elector may register to vote onlyby appearing in person at the office of the county clerk or, if open, a countyfacility designated pursuant to NRS293.5035.

6. A county facility designated pursuant to NRS 293.5035 may be open during theperiods described in this section for such hours of operation as the countyclerk 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)

NRS 293.563 Electionboard register of precinct or district: Preparation; delivery.

1. During the interval between the closing ofregistration and the election, the county clerk shall:

(a) In counties where records of registration are notkept by computer, prepare for each precinct or district a binder containing inalphabetical order the original applications to register to vote of theelectors in the precinct or district. The binder constitutes the election boardregister.

(b) In counties where records of registration are keptby computer, have printed and placed in a binder for each precinct or districta computer listing in alphabetical order of the applications to register tovote of the electors in the precinct or district. The binder constitutes theelection board register.

2. Each election board register must be delivered orcaused to be delivered by the county or city clerk to an election officer ofthe 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 Sampleballots: Contents; mailing; printing of text of constitutional amendments;notice of location of polling place; notice if location of polling placechanged; cost of mailing responsibility of political subdivision.

1. Except as otherwise provided in subsection 2,sample ballots must include:

(a) If applicable, the statement required by NRS 293.267;

(b) The fiscal note, as provided pursuant to NRS 218.443, 293.250, 293.481or 293.482, for each proposedconstitutional amendment, statewide measure, measure to be voted upon only by aspecial district or political subdivision and advisory question;

(c) An explanation, as provided pursuant to NRS 218.443, 293.250, 293.481,293.482 or 295.121, of each proposed constitutionalamendment, statewide measure, measure to be voted upon only by a specialdistrict or political subdivision and advisory question;

(d) Arguments for and against each proposedconstitutional amendment, statewide measure, measure to be voted upon only by aspecial district or political subdivision and advisory question, and rebuttalsto each argument, as provided pursuant to NRS218.443, 293.250, 293.252, 293.481,293.482 or 295.121; and

(e) The full text of each proposed constitutionalamendment.

2. Sample ballots that are mailed to registered votersmay be printed without the full text of each proposed constitutional amendmentif:

(a) The cost of printing the sample ballots would besignificantly reduced if the full text of each proposed constitutionalamendment were not included;

(b) The county clerk ensures that a sample ballot thatincludes the full text of each proposed constitutional amendment is provided atno charge to each registered voter who requests such a sample ballot; and

(c) The sample ballots provided to each polling placeinclude the full text of each proposed constitutional amendment.

3. Before the period for early voting, but not laterthan 10 days before any election, the county clerk shall cause to be mailed toeach registered voter in the county a sample ballot for his precinct with anotice informing the voter of the location of his polling place. If thelocation of the polling place has changed since the last election:

(a) The county clerk shall mail a notice of the changeto each registered voter in the county not sooner than 10 days before mailingthe sample ballots; or

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

 

NOTICE: THE LOCATIONOF YOUR POLLING PLACE

HAS CHANGED SINCE THELAST ELECTION

 

4. Except as otherwise provided in subsection 5, asample 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 boxcreated by bold lines, a notice printed in at least 20-point bold type thatstates:

 

NOTICE: TO RECEIVE ASAMPLE BALLOT IN

LARGE TYPE, CALL(Insert appropriate telephone number)

 

5. A portion of a sample ballot that contains a facsimileof the display area of a voting device may include material in less than12-point type to the extent necessary to make the facsimile fit on the pages ofthe sample ballot.

6. The sample ballot mailed to a person who requests asample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, mustbe printed in at least 14-point type, or larger when practicable.

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

8. The county clerk shall include in each sampleballot a statement indicating that the county clerk will, upon request of avoter who is elderly or disabled, make reasonable accommodations to allow thevoter to vote at his polling place and provide reasonable assistance to thevoter in casting his vote, including, without limitation, providing appropriatematerials to assist the voter. In addition, if the county clerk has providedpursuant to subsection 4 of NRS 293.2955for the placement at centralized voting locations of specially equipped votingdevices for use by voters who are elderly or disabled, the county clerk shallinclude in the sample ballot a statement indicating:

(a) The addresses of such centralized voting locations;

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

(c) That a voter who is elderly or disabled may casthis ballot at such a centralized voting location rather than at his regularlydesignated polling place.

9. The cost of mailing sample ballots for any electionother than a primary or general election must be borne by the politicalsubdivision 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)

NRS 293.567 Numberof registered voters in county to be transmitted by county clerk to Secretaryof State before primary and general elections. Afterthe close of registration for each primary election but not later than thesecond Friday next preceding the primary election and after the close ofregistration for each general election but not later than the second Fridaynext preceding the general election, the county clerk shall ascertain byprecinct and district the number of registered voters in the county and theirpolitical affiliation, if any, and shall transmit that information to theSecretary of State.

(Added to NRS by 1960, 278; A 1981, 349)

STATEWIDE VOTER REGISTRATION LIST

NRS 293.675 Establishmentand maintenance of list; requirements pertaining to list; duties of county andcity clerks; cooperative agreement with Department of Motor Vehicles;verification of information in conjunction with Social Security Administration.

1. The Secretary of State shall establish and maintainan official statewide voter registration list, which may be maintained on theInternet, in consultation with each county and city clerk.

2. The statewide voter registration list must:

(a) Be a uniform, centralized and interactivecomputerized list;

(b) Serve as the single method for storing and managingthe official list of registered voters in this State;

(c) Serve as the official list of registered voters forthe conduct of all elections in this State;

(d) Contain the name and registration information ofevery legally registered voter in this State;

(e) Include a unique identifier assigned by theSecretary of State to each legally registered voter in this State;

(f) Be coordinated with the appropriate databases ofother agencies in this State;

(g) Be electronically accessible to each state andlocal election official in this State at all times;

(h) Allow for data to be shared with other states undercertain circumstances; and

(i) Be regularly maintained to ensure the integrity ofthe registration process and the election process.

3. Each county and city clerk shall:

(a) Electronically enter into the statewide voterregistration list all information related to voter registration obtained by thecounty or city clerk at the time the information is provided to the county orcity clerk; and

(b) Provide the Secretary of State with informationconcerning the voter registration of the county or city and other reasonableinformation requested by the Secretary of State in the form required by theSecretary of State to establish or maintain the statewide voter registrationlist.

4. In establishing and maintaining the statewide voterregistration list, the Secretary of State shall enter into a cooperativeagreement with the Department of Motor Vehicles to match information in thedatabase of the statewide voter registration list with information in theappropriate database of the Department of Motor Vehicles to verify the accuracyof the information in an application to register to vote.

5. The Department of Motor Vehicles shall enter intoan agreement with the Social Security Administration pursuant to 42 U.S.C. 15483, to verify the accuracy of information in an application to register tovote.

(Added to NRS by 2003, 2168)

UNLAWFUL ACTS AND PENALTIES

NRS 293.700 Briberyof elector. A person who bribes, offers tobribe, or uses any other corrupt means, directly or indirectly, to influence anyelector in giving his vote or to deter him from giving it is guilty of acategory 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 Intimidationof voters.

1. It is unlawful for any person, in connection withany election or petition, whether acting himself or through another person inhis behalf, to:

(a) Use or threaten to use any force, coercion,violence, restraint or undue influence;

(b) Inflict or threaten to inflict any physical ormental injury, damage, harm or loss upon the person or property of another;

(c) Expose or publish or threaten to expose or publishany fact concerning another in order to induce or compel such other to vote orrefrain from voting for any candidate or any question;

(d) Impede or prevent, by abduction, duress orfraudulent contrivance, the free exercise of the franchise by any voter, orthereby to compel, induce or prevail upon any elector to give or refrain fromgiving his vote; or

(e) Discharge or change the place of employment of anyemployee with the intent to impede or prevent the free exercise of thefranchise by such employee.

2. Unless a greater penalty is provided by law, anyviolation of this section is a gross misdemeanor.

(Added to NRS by 1960, 268; A 1993, 2669)

NRS 293.720 Suppressionof or failure to file nomination paper by public officer. Any officer in whose office any nomination paper has beenfiled, who shall wrongfully suppress, neglect or fail to cause the properfiling thereof at the proper time and the proper place, is guilty of a grossmisdemeanor.

(Added to NRS by 1960, 270; A 1967, 552; 1973,871)(Substituted in revision for NRS 293.587)

NRS 293.730 Interferingwith 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 tointerfere with the conduct of the election.

(b) Except an election board officer, receive from anyvoter a ballot prepared by the voter.

(c) Remove a ballot from any polling place before theclosing of the polls.

(d) Apply for or receive a ballot at any electionprecinct or district other than the one at which he is entitled to vote.

(e) Show his ballot to any person, after voting, so asto reveal any of the names voted for.

(f) Inside a polling place, ask another person for whomhe intends to vote.

(g) Except an election board officer, deliver a ballotto a voter.

(h) Except an election board officer in the course ofhis official duties, inside a polling place, ask another person his name,address or political affiliation.

2. A voter shall not:

(a) Receive a ballot from any person other than an electionboard officer.

(b) Deliver to an election board or to any memberthereof any ballot other than the one received.

(c) Place any mark upon his ballot by which it mayafterward be identified as the one voted by him.

3. Any person who violates any provision of thissection is guilty of a gross misdemeanor.

(Added to NRS by 1960, 270; A 1973, 871; 1985, 335;1987, 1168; 1989, 2170; 1995, 2785)

NRS 293.740 Solicitingvotes and electioneering inside polling place or within certain distance frompolling place prohibited; penalty.

1. Except as otherwise provided in subsection2, it is unlawful inside a polling place or within 100 feet from the entranceto the building or other structure in which a polling place is located:

(a) For any person to solicit a vote or speak to avoter on the subject of marking his ballot.

(b) For any person, including an election boardofficer, to do any electioneering on election day.

The countyclerk or registrar of voters shall ensure that, at the outer limits of the areawithin which electioneering is prohibited, notices are continuously posted onwhich are printed in large letters Distance Marker: No electioneering betweenthis point and the entrance to the polling place.

2. The provisions of subsection 1 do not apply to theconduct of a person in a private residence or on commercial or residentialproperty that is within 100 feet from the entrance to a building or otherstructure in which a polling place is located. The provisions of subsection 1are not intended to prohibit a person from voting solely because he is wearinga prohibited political insigne and is reasonably unable to remove the insigneor cover it. In such a case, the election board officer shall take such actionas is necessary to allow the voter to vote as expediently as possible and thenassist the voter in exiting the polling place as soon as is possible.

3. Any person who violates any provision of thissection is guilty of a gross misdemeanor.

4. As used in this section, electioneering meanscampaigning for or against a candidate, ballot question or political party by:

(a) Posting signs relating to the support of oropposition to a candidate, ballot question or political party;

(b) Distributing literature relating to the support ofor opposition to a candidate, ballot question or political party;

(c) Using loudspeakers to broadcast informationrelating to the support of or opposition to a candidate, ballot question orpolitical party;

(d) Buying, selling, wearing or displaying any badge, buttonor other insigne which is designed or tends to aid or promote the success ordefeat of any political party or a candidate or ballot question to be votedupon at that election;

(e) Polling or otherwise soliciting from a voterinformation as to whether the voter intends to vote or has voted for or againsta particular political party, candidate or ballot question; or

(f) Soliciting signatures to any kind of petition.

(Added to NRS by 1963, 1382; A 1967, 863; 1973, 872;1977, 464; 1987, 1169; 1989, 2171; 1997, 80)

NRS 293.750 Removalor destruction of election supplies or equipment. Anyperson who, during an election, removes or destroys any of the supplies orequipment placed in the booths or compartments, or removes or defaces the cardsof instruction posted as prescribed by this chapter, is guilty of a grossmisdemeanor.

(Added to NRS by 1960, 270; A 1973, 872)(Substitutedin revision for NRS 293.593)

NRS 293.755 Tamperingor interfering with certain election equipment or computer programs used tocount ballots; report of violation to district attorney.

1. A person who tampers or interferes with, orattempts to tamper or interfere with a mechanical voting system, mechanicalvoting device or any computer program used to count ballots with the intent toprevent the proper operation of that device, system or program is guilty of acategory D felony and shall be punished as provided in NRS 193.130.

2. The county or city clerk shall report any allegedviolation of this section to the district attorney who shall cause appropriateproceedings to be instituted and prosecuted in a court of competentjurisdiction without delay.

(Added to NRS by 1991, 2217; A 1995, 1269; 1997,3470)

NRS 293.760 Alteration,defacement or removal of posted results of votes cast.Any person who, prior to the expiration of 48 hours following theclosing of the polls, alters, defaces, removes or destroys the copy of theresults of votes cast posted outside a polling place is guilty of a grossmisdemeanor. 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 Refusalof person sworn by election board to answer questions.Every person who, after being sworn by an election board, refuses toanswer any relevant question propounded by such board concerning the right ofany other person to vote is guilty of a gross misdemeanor.

(Added to NRS by 1960, 270; A 1973, 872)(Substitutedin revision for NRS 293.595)

NRS 293.780 Votingmore than once at same election.

1. A person who is entitled to vote shall not vote orattempt to vote more than once at the same election. Any person who votes orattempts to vote twice at the same election is guilty of a category D felonyand shall be punished as provided in NRS193.130.

2. Notice of the provisions of subsection 1 must begiven 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 countyor city clerk.

(Added to NRS by 1973, 403; A 1987, 356; 1997, 234)

NRS 293.790 Offerto vote by person whose vote has been rejected. Ifany person whose vote has been rejected offers to vote at the same election, atany polling place other than the one in which he is registered to vote, he isguilty of a gross misdemeanor.

(Added to NRS by 1960, 270; A 1973, 872; 1991, 1686)

NRS 293.800 Actsconcerning registration of voters; violations of laws governing elections;crimes by public officers.

1. A person who, for himself or another person,willfully gives a false answer or answers to questions propounded to him by theregistrar or field registrar of voters relating to the information called forby the application to register to vote, or who willfully falsifies hisapplication in any particular, or who violates any of the provisions of theelection laws of this State, or knowingly encourages another person to violatethose laws is guilty of a category E felony and shall be punished as providedin NRS 193.130.

2. A public officer or other person, upon whom anyduty is imposed by this title, who willfully neglects his duty, or willfullyperforms it in such a way as to hinder the objects and purposes of the electionlaws of this State, except where another penalty is provided, is guilty of acategory E felony and shall be punished as provided in NRS 193.130.

3. If the person is a public officer, his office isforfeited upon conviction of any offense provided for in subsection 2.

4. A person who causes or endeavors to cause his nameto be registered, knowing that he is not an elector or will not be an electoron or before the day of the next ensuing election in the precinct or districtin which he causes or endeavors to cause the registration to be made, and anyother person who induces, aids or abets the person in the commission of eitherof the acts is guilty of a category E felony and shall be punished as providedin NRS 193.130.

5. A field registrar or other person who:

(a) Knowingly falsifies an application to register tovote or knowingly causes an application to be falsified; or

(b) Knowingly provides money or other compensation toanother for a falsified application to register to vote,

is guilty ofa 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)

NRS 293.805 Compensationfor registration of voters based upon number of voters or voters of aparticular party registered.

1. It is unlawful for a person to provide compensationfor 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 aparticular political party.

2. A person who violates any provision of this sectionis 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 Registrationin more than one county at one time. It isunlawful for any person to be registered as a voter in more than one county atone time.

(Added to NRS by 1987, 1590)

NRS 293.820 Solicitationof contribution for political organization without prior approval or charter.

1. It is unlawful for any person to solicit acontribution for any organization the title of which incorporates the name, orany form of the name, of any political party in this State without first havingobtained written approval therefor, or a charter for that organization, fromthe central or executive committee of that political party the name of which isbeing used or incorporated in the title of that organization for the county inwhich the money is being solicited.

2. This section does not require any person ororganization to obtain a charter or written approval if that person ororganization is:

(a) Publicly organized for the sole and limited purposeof supporting the candidacy of a particular candidate in a single election.

(b) Chartered by a national political party ororganization.

(c) Chartered by a state central committee in Nevada.

3. Any person who violates any provision of thissection is guilty of a gross misdemeanor.

4. As used in this section, contribution has themeaning 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 Bettingon election. Any person who makes, offers oraccepts any bet or wager upon the result of any election, or upon the successor 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 becast by any person, is guilty of a gross misdemeanor.

(Added to NRS by 1960, 271; A 1973, 873)(Substitutedin revision for NRS 293.603)

NRS 293.840 Civilpenalty.

1. In addition to any criminal penalty, a person whoviolates the provisions of this chapter is subject to a civil penalty in anamount not to exceed $20,000 for each violation. This penalty must be recoveredin a civil action brought in the name of the State of Nevada by the AttorneyGeneral or by any district attorney in a court of competent jurisdiction.

2. Any civil penalty collected pursuant to thissection must be deposited by the collecting agency for credit to the StateGeneral Fund in the bank designated by the State Treasurer.

(Added to NRS by 1993, 2172; A 2001, 2924)

 

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