2022 Nevada Revised Statutes
Chapter 293 - Elections
NRS 293.8874 - Duties of clerk upon return of mail ballots: Procedure for checking signature; safeguarding and delivery of mail ballots for counting; procedure for contacting voter to remedy certain defects in returned mail ballot. [Effective through December 31, 2021.]
1. Except as otherwise provided in NRS 293D.200, for any affected election, when a mail ballot is returned by or on behalf of a voter to the county or city clerk, as applicable, and a record of its return is made in the mail ballot record for the election, the clerk or an employee in the office of the clerk shall check the signature used for the mail ballot in accordance with the following procedure:
(a) The clerk or employee shall check the signature used for the mail ballot against all signatures of the voter available in the records of the clerk.
(b) If at least two employees in the office of the clerk believe there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the clerk shall contact the voter and ask the voter to confirm whether the signature used for the mail ballot belongs to the voter.
2. For purposes of subsection 1:
(a) There is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if the signature used for the mail ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk.
(b) There is not a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if:
(1) The signature used for the mail ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name or the use of a common nickname and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk; or
(2) There are only slight dissimilarities between the signature used for the mail ballot and the signatures of the voter available in the records of the clerk.
3. Except as otherwise provided in subsection 4, if the clerk determines that the voter is entitled to cast the mail ballot, the clerk shall deposit the mail ballot in the proper ballot box or place the mail ballot, unopened, in a container that must be securely locked or under the control of the clerk at all times. The clerk shall deliver the mail ballots to the mail ballot central counting board to be processed and prepared for counting.
4. If the clerk determines when checking the signature used for the mail ballot that the voter failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot or that there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, but the voter is otherwise entitled to cast the mail ballot, the clerk shall contact the voter and advise the voter of the procedures to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the ninth day following the election.
5. The clerk shall prescribe procedures for a voter who failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot, or for whom there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, in order to:
(a) Contact the voter;
(b) Allow the voter to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable; and
(c) After a signature or a confirmation is provided, as applicable, ensure the mail ballot is delivered to the mail ballot central counting board.
6. The procedures established pursuant to subsection 5 for contacting a voter must require the clerk to contact the voter, as soon as possible after receipt of the mail ballot, by:
(a) Mail;
(b) Telephone, if a telephone number for the voter is available in the records of the clerk; and
(c) Electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means.
(Added to NRS by 2020, 32nd Special Session, 31; R 2021, 1266, effective January 1, 2022)
