2005 Nevada Revised Statutes - Chapter 293C — City Elections

CHAPTER 293C - CITY ELECTIONS

GENERAL PROVISIONS

NRS 293C.100 Applicabilityof chapter.

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

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

NRS 293C.120 Governingbody to provide ballots and supplies.

GENERAL ELECTIONS

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

NRS 293C.145 Dateof general city election in city of population category three; number ofcouncilmen; terms of mayor and councilmen; procedure for filing declaration ofcandidacy; candidates for mayor to be voted upon by electors at large;candidates for councilmen to be voted upon by electors of ward or electors atlarge; exceptions.

NOMINATIONS AND CANDIDATES

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

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

NRS 293C.185 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 293C.186 Writtenchallenges of qualifications of candidates.

NRS 293C.1865 Penaltyfor knowingly and willfully making false statement on declaration or acceptanceof candidacy.

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

NRS 293C.190 Procedurefor filling vacancy in nomination.

NRS 293C.195 Procedurefor withdrawing candidacy.

NRS 293C.200 Residencyrequirements for candidates; penalty for knowingly and willfully making falsestatement concerning residency on declaration or acceptance of candidacy.

ELECTION BOARDS

NRS 293C.220 Appointmentof officers by city clerk; appointment of law enforcement officers for pollingplaces; appointment of trainees.

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

NRS 293C.225 Recommendationsby chairman of persons suitable for service.

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

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

NRS 293C.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 293C.235 Appointmentand duties of voting board and counting board in precinct or district where 200or more registered voters and paper ballots used.

NRS 293C.240 Appointmentand duties of absent ballot central counting board; no central election boardif absent ballot central counting board appointed.

NRS 293C.245 Appointmentand number of officers on absent ballot central counting board; appointment oflaw enforcement officers; absent ballot central counting board under directionof city clerk.

NRS 293C.250 Absentballot central counting board or central election board responsible for placingabsent ballots in ballot boxes in absent ballot mailing precinct.

BALLOTS

NRS 293C.255 Nameof candidate on ballot not to include title, designation of profession oroccupation.

NRS 293C.256 Absentballot or ballot voted in mailing precinct to be voted on paper ballot orballot voted by punching card.

NRS 293C.257 Formof ballot for primary city election; names of candidates to be groupedalphabetically; exception.

NRS 293C.260 Formof ballot for general city election; names of candidates to be groupedalphabetically; exception.

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

NRS 293C.262 Orderof listing offices and questions; division of ballots; color of ballots andvoting receipts.

VOTING AT POLLS

NRS 293C.265 Votingin person required for voter who registered to vote by mail; exceptions.

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

NRS 293C.268 Establishmentof polling place for precinct in residential development exclusively forelderly persons.

NRS 293C.2685 Pollingplace not to be established in any building named for candidate appearing onballot.

NRS 293C.269 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 293C.270 Conditionsfor entitlement of person to vote; forms of identification to identifyregistered voter.

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

NRS 293C.275 Procedurefor delivery of ballot to voter.

NRS 293C.277 Announcementof name of registered voter; grounds and procedure for challenging personsright to vote.

NRS 293C.280 Procedurefor voting by paper ballot; duties of election board officer upon receipt ofvoted ballot.

NRS 293C.281 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 centralized locations.

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

NRS 293C.285 Replacementand cancellation of spoiled ballot; change of vote on mechanical recordingdevice.

NRS 293C.287 Returnand cancellation of ballot not voted.

NRS 293C.290 Postingof alphabetical listing of registered voters at polling place; tearing ordefacing alphabetical listing prohibited; penalty.

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

NRS 293C.292 Challenges.

NRS 293C.293 Noticeof result of challenge.

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

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

NRS 293C.300 Dutiesof voting board before adjournment.

NRS 293C.302 Court-orderedextension of deadline for voting.

ABSENT BALLOT VOTING

NRS 293C.305 Absentballots: Preparation; reasonable accommodations for use by elderly or disabledpersons; time for distribution; legal actions not to prevent issuance.

NRS 293C.306 Distributionof forms to request absent ballot.

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

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

NRS 293C.312 Limitationon time to apply for absent ballot; application available for publicinspection; issuance of absent ballot; immunity of city clerk.

NRS 293C.315 Registrationand voting by person residing outside continental United States; regulations.

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

NRS 293C.318 Applicationfor absent ballot because of physical disability: Requirements; votingprocedure.

NRS 293C.320 Cityclerk to determine whether applicant is registered voter; application by ArmedForces personnel.

NRS 293C.322 Deliveryof absent ballot and voting supplies; regulations.

NRS 293C.325 Dutiesof city clerk upon receipt of absent ballot from voter: Recording receipt;deposit of voted ballot; delivery for counting.

NRS 293C.327 Votingabsent ballot in person in city clerks office.

NRS 293C.328 Electioneeringprohibited near city clerks office during period office maintained for votingabsent ballot in person; penalty.

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

NRS 293C.332 Procedurefor depositing absent ballots in ballot box.

NRS 293C.335 Emptyenvelopes and rejected ballots to be returned to city clerk.

NRS 293C.340 Dutyof city clerk to provide ballot box for each ballot listing if absent ballotcentral counting board appointed; deposit of voted ballots.

VOTING IN MAILING PRECINCTS

NRS 293C.342 Eligibilityof certain voters to vote by mail; effect of city clerk designating precinct asmailing precinct.

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

NRS 293C.347 Enrollmentof eligible voters name; procedure for mailing of ballot and voting suppliesby city clerk.

NRS 293C.350 Markingand return of mailing ballot by voter.

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

EARLY VOTING BY PERSONAL APPEARANCE

NRS 293C.355 Applicabilityof provisions.

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

NRS 293C.3561 Cityclerk to establish criteria for selection of permanent and temporary pollingplaces for early voting by personal appearance.

NRS 293C.3564 Permanentpolling places for early voting.

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

NRS 293C.3572 Temporarybranch polling places.

NRS 293C.3576 Scheduleof locations and times for early voting.

NRS 293C.358 Appointmentof deputy clerks.

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

NRS 293C.3585 Procedurefor voting.

NRS 293C.359 Ballotboxes for paper ballots or ballots voted by punching card; seals.

NRS 293C.3594 Securityprecautions.

NRS 293C.3598 Ballotboard.

NRS 293C.3602 Custodyof paper ballots or ballots voted by punching card; observation by generalpublic of handling of ballots.

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

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

NRS 293C.3608 Deliveryto central counting place of printed record of votes recorded on mechanicalrecording device during period for early voting and of related items anddevices.

NRS 293C.361 Electioneeringprohibited near polling place; penalty.

RETURNS AND CANVASS

NRS 293C.3615 Recordmade by city clerk of receipt at central counting place of sealed containerused to transport official ballots.

NRS 293C.362 Preparationby counting board to count paper ballots or ballots voted by punching card.

NRS 293C.365 Accountingfor used and unused ballots.

NRS 293C.367 Rejectionof ballots; regulations for counting ballots.

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

NRS 293C.369 Standardsfor counting votes; regulations.

NRS 293C.370 Countingof votes cast for deceased candidate.

NRS 293C.372 Procedurefor completion of tally lists.

NRS 293C.375 Dutiesof officers of counting board after tally lists completed if paper ballots orballots voted by punching card used.

NRS 293C.380 Postingof copies of voting results.

NRS 293C.382 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 293C.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 293C.387 Returnsfiled with city clerk; canvass of returns; preparation and entering of abstractof votes; limitation on inspection of returns; certificates of election.

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

NRS 293C.390 Dispositionand inspection of ballots, pollbooks, lists, voting receipts, stubs and recordsof voted ballots after canvass by governing body of city.

NRS 293C.395 Prohibitionsagainst withholding certificate of election or commission.

REGISTRATION OF VOTERS; REGISTRARS

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

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

NRS 293C.527 Closeof registration; exception; hours office of city clerk to be open during lastdays before registration closes; publication of day registration closes;elector required to register to vote in person during certain period; hours ofoperation for municipal facility for voter registration.

NRS 293C.530 Sampleballots: Contents; mailing; notice of location of polling place; notice iflocation of polling place changed; form of ballot; cost of mailing borne by city.

NRS 293C.532 Personsentitled to vote; authority of governing body of city to provide supplementalregistration.

NRS 293C.535 Procedurefor registration of electors in incorporated cities; preparation of officialelection board register.

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

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

NRS 293C.545 Cityrequired to compensate county registrar for certain services; payment from citygeneral fund.

MECHANICAL VOTING SYSTEMS

Administration

NRS 293C.600 Preparationof computer program used to run computer or counting device; protection ofprogram.

NRS 293C.615 Accuracycertification board to observe conduct of tests on equipment for mechanicalvoting; representatives of candidates and press authorized to observe.

NRS 293C.620 Issuanceof ballots and voting receipts; procedure for voting.

Processing of Ballots

NRS 293C.625 Earlypickup and delivery of ballots to central counting place; processing of ballotsbefore polls close.

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

NRS 293C.635 Procedurefor delivery of ballots and election materials to receiving center or centralcounting place; disposition of other materials; members of general publicallowed to observe delivery.

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

NRS 293C.645 Dutiesof central ballot inspection board.

NRS 293C.650 Dutiesof absent ballot mailing precinct inspection board.

NRS 293C.655 Dutiesof ballot duplicating board.

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

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

MISCELLANEOUS PROVISIONS

NRS 293C.700 Constructionof containers used to transport official ballots.

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

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

NRS 293C.720 Cityclerks encouraged to provide election information and materials in usableformat for elderly or disabled persons.

_________

GENERAL PROVISIONS

NRS 293C.100 Applicabilityof chapter. The provisions of this chapterapply only to city elections.

(Added to NRS by 1997, 3420)

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

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

2. The governing body of the city shall provide for:

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

(b) The conduct of:

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

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

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

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

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

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

(a) The dates set forth for primary elections andgeneral elections pursuant to the provisions of chapter293 of NRS; or

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

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

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

(a) The term of office of any elected city official maynot be shortened as a result of the ordinance; and

(b) Each elected city official holds office until theend of his term and until his successor has been elected and qualified.

(Added to NRS by 2003, 674)

NRS 293C.120 Governingbody to provide ballots and supplies. The governingbody of a city shall provide all necessary books, ballots and supplies for theproper conduct of city elections.

(Added to NRS by 1997, 3442)

GENERAL ELECTIONS

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

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

2. Unless the terms of office of city councilmen areextended by an ordinance adopted pursuant to NRS 293C.115, the terms of office of citycouncilmen are 4 years, which terms must be staggered. The councilmen electedto office immediately after incorporation shall decide, by lot, amongthemselves which of their offices expire at the next general city election, andthereafter the terms of office must be 4 years unless the terms are extended byan ordinance adopted pursuant to NRS293C.115.

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

NRS 293C.145 Dateof general city election in city of population category three; number ofcouncilmen; terms of mayor and councilmen; procedure for filing declaration ofcandidacy; candidates for mayor to be voted upon by electors at large;candidates for councilmen to be voted upon by electors of ward or electors atlarge; exceptions.

1. Except as otherwise provided in NRS 293C.115, a general city electionmust be held in each city of population category three on the first Tuesdayafter the first Monday in June of the first odd-numbered year afterincorporation, and on the same day every 2 years thereafter, as determined byordinance.

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

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

4. Candidates for mayor must be voted upon by theelectors of the city at large. Candidates for councilmen must be voted upon bythe electors of their respective wards to represent the wards in which theyreside or by the electors of the city at large in accordance with theprovisions of chapter 266 of NRS.

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

NOMINATIONS AND CANDIDATES

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

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

2. Except as otherwise provided in NRS 293C.115, a candidate for any officeto be voted for at the primary city election must file a declaration ofcandidacy with the city clerk not less than 60 days nor more than 70 daysbefore the date of the primary city election. The city clerk shall charge andcollect from the candidate and the candidate must pay to the city clerk, at thetime of filing the declaration of candidacy, a filing fee in an amount fixed bythe governing body of the city by ordinance or resolution. The filing feescollected by the city clerk must be deposited to the credit of the general fundof the city.

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

4. If, in a primary city election held in a city ofpopulation category one or two, one candidate receives more than a majority ofvotes cast in that election for the office for which he is a candidate, hisname alone must be placed on the ballot for the general city election. If, inthe primary city election, no candidate receives a majority of votes cast inthat election for the office for which he is a candidate, the names of the twocandidates receiving the highest number of votes must be placed on the ballotfor the general city election.

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

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

1. If at 5 p.m. on the last day for filing adeclaration of candidacy, there is only one candidate who has filed fornomination for an office, that candidate must be declared elected and noelection may be held for that office.

2. Except as otherwise provided in subsection 1, ifnot more than twice the number of candidates to be elected have filed fornomination for an office, the names of those candidates must be omitted fromall ballots for a primary city election and placed on all ballots for a generalcity election.

3. If more than twice the number of candidates to beelected have filed for nomination for an office, the names of the candidatesmust appear on the ballot for a primary city election. Except as otherwiseprovided in subsection 4 of NRS 293C.175,those candidates who receive the highest number of votes at that election, notto exceed twice the number to be elected, must be declared nominees for the office.

(Added to NRS by 1997, 3421)

NRS 293C.185 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 293C.115 and 293C.190, a name may not be printed on aballot to be used at a primary city election, unless the person named has fileda declaration of candidacy or an acceptance of candidacy and has paid the feeestablished by the governing body of the city not earlier than 70 days beforethe primary city election and not later than 5 p.m. on the 60th day before theprimary city election.

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

 

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

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

 

State of Nevada

 

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

 

For the purpose of having my name placed on the officialballot as a candidate for the office of .................., I,.................., the undersigned do swear or affirm under penalty of perjurythat I actually, as opposed to constructively, reside at .................., inthe City or Town of .................., County of .................., State ofNevada; that my actual, as opposed to constructive, residence in the city,township or other area prescribed by law to which the office pertains began ona date at least 30 days immediately preceding the date of the close of filingof declarations of candidacy for this office; that my telephone number is.................., and the address at which I receive mail, if different thanmy residence, is ..................; that I am a qualified elector pursuant toSection 1 of Article 2 of the Constitution of the State of Nevada; that if Ihave ever been convicted of treason or a felony, my civil rights have beenrestored by a court of competent jurisdiction; that if nominated as a candidateat the ensuing election I will accept the nomination and not withdraw; that Iwill not knowingly violate any election law or any law defining and prohibitingcorrupt and fraudulent practices in campaigns and elections in this State; thatI will qualify for the office if elected thereto, including, but not limitedto, complying with any limitation prescribed by the Constitution and laws ofthis State concerning the number of years or terms for which a person may holdthe office; and 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

 

3. The address of a candidate that must be included inthe declaration or acceptance of candidacy pursuant to subsection 2 must be thestreet address of the residence where he actually, as opposed toconstructively, resides in accordance with NRS281.050, if one has been assigned. The declaration or acceptance ofcandidacy 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) Acurrent utility bill, bank statement, paycheck, or document issued by agovernmental entity, including, without limitation, a check, which indicatesthe candidates name and residential address.

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

(a) May not bewithheld from the public; and

(b) Must notcontain the social security number or drivers license or identification cardnumber of the candidate.

5. By filingthe declaration or acceptance of candidacy, the candidate shall be deemed tohave appointed the city clerk as his agent for service of process for thepurposes of a proceeding pursuant to NRS293C.186. Service of such process must first be attempted at theappropriate address as specified by the candidate in the declaration oracceptance of candidacy. If the candidate cannot be served at that address,service must be made by personally delivering to and leaving with the cityclerk duplicate copies of the process. The city clerk shall immediately send,by registered or certified mail, one of the copies to the candidate at hisspecified address, unless the candidate has designated in writing to the cityclerk a different address for that purpose, in which case the city clerk shallmail the copy to the last address so designated.

6. If the cityclerk receives credible evidence indicating that a candidate has been convictedof a felony and has not had his civil rights restored by a court of competentjurisdiction, the city clerk:

(a) May conductan investigation to determine whether the candidate has been convicted of afelony and, if so, whether he has had his civil rights restored by a court ofcompetent jurisdiction; and

(b) Shalltransmit the credible evidence and the findings from such investigation to thecity attorney.

7. The receiptof information by the city attorney pursuant to subsection 6 must be treated asa challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186. 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 city clerk must post a notice at eachpolling place where the candidates name will appear on the ballot informing thevoters that the candidate is disqualified from entering upon the duties of theoffice for which the candidate filed the declaration of candidacy or acceptanceof candidacy.

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

NRS 293C.186 Writtenchallenges of 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 working days after the last day the person may withdraw his candidacypursuant to NRS 293C.195, an electormay file with the city clerk 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, the city clerk shall immediately transmit the challenge to the cityattorney.

4. If the city attorney determines that probable causeexists to support the challenge, the city attorney shall, not later than 5 daysafter receiving the challenge, petition a court of competent jurisdiction toorder the person to appear before the court. Upon receipt of such a petition,the court shall enter an order directing the person to appear before the courtat a hearing, at a time and place to be fixed by the court in the order, toshow cause why the challenge is not valid. A certified copy of the order mustbe served upon the person. The court shall give priority to such proceedingsover all 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, 675)

NRS 293C.1865 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, 676)

NRS 293C.187 Contentsand publication of notice of primary or general city election. Not later than 30 days before the primary city electionand the general city election, the city clerk shall cause to be published anotice of the election in a newspaper of general circulation in the city once aweek for 2 successive weeks. If a newspaper of general circulation is notpublished in the city, the publication may be made in a newspaper of generalcirculation published within the county in which the city is located. If anewspaper of general circulation is not published in that county, thepublication may be made in a newspaper of general circulation published in thenearest Nevada county. The notice must contain:

1. The date of the election.

2. The location of the polling places.

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

4. The names of the candidates.

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

(Added to NRS by 1999, 265)

NRS 293C.190 Procedurefor filling vacancy in nomination.

1. Except as otherwise provided in NRS 293C.115, a vacancy occurring in anomination for a city office after the close of filing and on or before 5 p.m.of the first Tuesday after the first Monday in March in a year in which ageneral city election is held must be filled by filing a nominating petitionthat is signed by at least 1 percent of the persons who are registered to voteand who voted for that office at the last preceding general city election.Except as otherwise provided in NRS293C.115, the petition must be filed not earlier than the third Tuesday inFebruary and not later than the third Tuesday after the third Monday in March.A candidate nominated pursuant to the provisions of this subsection may beelected only at a general city election, and his name must not appear on theballot for a primary city election.

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

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

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

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

NRS 293C.195 Procedurefor withdrawing candidacy. A withdrawal ofcandidacy for a city office must be in writing and presented to the city clerkby the candidate in person within 2 days, excluding Saturdays, Sundays andholidays, after the last day for filing a declaration of candidacy or anacceptance of candidacy.

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

NRS 293C.200 Residencyrequirements for candidates; penalty for knowingly and willfully making falsestatement concerning residency on declaration or acceptance of candidacy.

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

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

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

ELECTION BOARDS

NRS 293C.220 Appointmentof officers by city clerk; appointment of law enforcement officers for pollingplaces; appointment of trainees.

1. The city clerk shall appoint and notify registeredvoters to act as election board officers for the various precincts anddistricts in the city as provided in NRS293.225, 293.227, 293C.227 to 293C.250, inclusive, and 293C.382, and shall conclude those dutiesnot later than 31 days before the election. No candidate for nomination orelection or his relative within the second degree of consanguinity or affinitymay be appointed as an election board officer. Immediately after election boardofficers are appointed, if requested by the city clerk, the chief lawenforcement officer of the city shall:

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

(b) Deputize, as an officer for the election, anelection board officer for each polling place and for the central electionboard or the absent ballot central counting board. The deputized officer maynot receive any additional compensation for the services he provides as anofficer during the election for which he is deputized.

Officers soappointed and deputized shall preserve order during hours of voting and attendthe closing of the polls.

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

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

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

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

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

(b) Enrolled in high school; and

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

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

(a) The pupil is appointed without party affiliation;

(b) The city 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 city 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 city clerk may assign a trainee such duties as the city clerk deemsappropriate. The city 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 city clerk may compensate a trainee for hisservice at the same rate fixed for election board officers generally.

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

NRS 293C.225 Recommendationsby chairman of persons suitable for service. Thecity clerk may provide, by rule or regulation, for the:

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

2. Recommendations, by the chairmen, of suitablepersons to serve in the case of vacancies.

(Added to NRS by 1997, 3424)

NRS 293C.227 Deliveryof notice of appointment to officer or trainee. Uponthe selection of persons to act as election board officers pursuant to NRS 293C.220 or as trainees pursuant to NRS 293C.222, the city clerk shalldeliver, by mail or other means, notifications of the appointments to thosepersons.

(Added to NRS by 1999, 266)

NRS 293C.228 Noticeof unwillingness to serve as officer or trainee; appointment of replacement. If any person appointed to serve as an election boardofficer pursuant to NRS 293C.220 or asa trainee pursuant to NRS 293C.222 isunwilling to serve as appointed, he shall notify the city clerk within 5 daysafter receipt of the notification that he is unwilling to serve, whereupon thecity clerk shall appoint some other registered voter to serve at the election.

(Added to NRS by 1999, 266)

NRS 293C.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 in a city where there areless than 200 registered voters and paper ballots are used, the election boardshall perform all duties required from the time of preparing for the opening ofthe polls through delivering the supplies and result of votes cast to the cityclerk.

2. Except as otherwise provided in NRS 293C.240, one election board must beappointed by the city clerk for all mailing precincts within the city and mustbe designated the central election board. The city 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 1997, 3424)

NRS 293C.235 Appointmentand duties of voting board and counting board in precinct or district where 200or more registered voters and paper ballots used. Ineach precinct or district in a city where there are 200 or more registeredvoters and paper ballots are used, the city clerk shall appoint two electionboards and designate one the voting board and the other the counting board. Theofficers of the counting board shall count the votes and make the record of thevotes. The voting board shall account for the records at the time the polls areclosed and deliver to the counting board the ballot box containing the votedballots and all other books and supplies in its possession. Upon receipt of theballot box, books and supplies, 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 thecity clerk.

(Added to NRS by 1997, 3424)

NRS 293C.240 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 cityclerk that an absent ballot central counting board will expedite the work oftallying the absent ballot vote of the city, he may appoint such a board. Ifthe city is located in a county that uses a computer to maintain records ofregistered voters, the county clerk shall appoint the board.

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

(Added to NRS by 1997, 3425)

NRS 293C.245 Appointmentand number of officers on absent ballot central counting board; appointment oflaw enforcement officers; absent ballot central counting board under directionof city clerk.

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

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

3. When requested by the city clerk, the chief lawenforcement officer of the city shall appoint an officer to keep order duringthe counting of the absent ballot votes by the absent ballot central countingboard.

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

(Added to NRS by 1997, 3425)

NRS 293C.250 Absentballot central counting board or central election board responsible for placingabsent ballots in ballot boxes in absent ballot mailing precinct. When the city clerk determines it necessary to cause anyprecincts in the city to be designated absent ballot mailing precincts, theprecincts ballots must be placed by the central election board or the absentballot central counting board in the proper absent ballot mailing precinctballot box.

(Added to NRS by 1997, 3425)

BALLOTS

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

(Added to NRS by 1997, 3425)

NRS 293C.256 Absentballot or ballot voted in mailing precinct to be voted on paper ballot orballot voted by punching card. An absentballot for a city election or a ballot for a city election voted by a voter whoresides in a mailing precinct must be voted on a paper ballot or a ballot whichis voted by punching a card.

(Added to NRS by 1999, 266)

NRS 293C.257 Formof ballot for primary city election; names of candidates to be groupedalphabetically; exception. For a primary cityelection, there must appear at the top of each ballot the designationCandidates for city 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 office for which those candidates filed.

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

NRS 293C.260 Formof ballot for general city election; names of candidates to be groupedalphabetically; exception.

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

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

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

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

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

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

(Added to NRS by 1999, 266)

NRS 293C.262 Orderof listing offices and questions; division of ballots; color of ballots andvoting receipts.

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

(a) City offices:

(1) Mayor;

(2) Councilmen according to ward in numericalorder, if no wards, in alphabetical order; and

(3) Municipal judges.

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

2. The city clerk:

(a) May divide paper ballots into two sheets in amanner that 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 1997, 3425; A 1999, 679; 2003, 3198)

VOTING AT POLLS

NRS 293C.265 Votingin person required for voter who registered to vote by mail; exceptions.

1. Except as otherwise provided in subsection 2and in NRS 293.2725 and 293.3083, a person who registered to votepursuant to the provisions of NRS 293.5235shall, for the first city election in which he votes at which that registrationis valid, vote in person unless he has previously voted in the county in whichhe is 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 293C.342 to 293C.352, inclusive;

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

(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 city clerk.

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

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

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

2. Whenever at any election all the votes of 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 so that all present may be awareof the 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 thischapter.

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

NRS 293C.268 Establishmentof polling place for precinct in residential development exclusively forelderly persons. The city 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 in the development which isadequate and available; and

3. The owner of the development consents to theestablishment of the polling place on his property.

(Added to NRS by 1999, 265)

NRS 293C.2685 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, 2290)

NRS 293C.269 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 city clerk shall allow members of the generalpublic to observe the conduct of voting at a polling place for a city election.

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

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 1999, 266)

NRS 293C.270 Conditionsfor entitlement of person to vote; forms of identification to identifyregistered voter.

1. If a persons name appears in the electionboard register or if he provides an affirmation pursuant to NRS 293C.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. The forms of identification that may be used toidentify 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 that contains the voters signature and physicaldescription or picture.

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

NRS 293C.272 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 that is reported on the original applicationto register to vote. The officer in charge of the roster shall stamp, write orprint Identified as to the left of the voters name.

(Added to NRS by 1997, 3426)

NRS 293C.275 Procedurefor delivery of ballot to voter.

1. A registered voter who applies to vote muststate his name to the election board officer in charge of the election boardregister, and the officer shall immediately announce the name and take theregistered voters signature. After a registered voter is properly identifiedat a polling place where paper ballots are used, one ballot correctly folded,must be given to the voter and the number of the ballot must be written by anelection board officer upon the pollbook, opposite the name of the registeredvoter receiving the ballot.

2. In pollbooks in which the names of the voters havebeen entered, election officers may indicate the application to vote withoutwriting the name.

(Added to NRS by 1997, 3427)

NRS 293C.277 Announcementof name of registered voter; grounds and procedure for challenging personsright to vote.

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

2. Any persons right to vote may be challenged by aregistered voter upon any of the grounds allowed for a challenge in NRS 293C.292. Any such challenge must bedisposed of in the manner provided in NRS293C.292.

(Added to NRS by 1997, 3427)

NRS 293C.280 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.

2. If a question is submitted to the registeredvoters, the voters mark must be placed in the square following the answer thatthe 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 number theword 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 the ballotby the election board officer. The strip bearing the number must be retained bythe election board officer.

(Added to NRS by 1997, 3427; A 1999, 679)

NRS 293C.281 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 centralized 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 bypersons with disabilities.

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 city clerk is encouragedto:

(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 city 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 city 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 voting locationdesignated by the city clerk.

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

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

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

(a) The voters employer or his agent; or

(b) An officer or agent of the voters labororganization.

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 because of a physical disability or an inability to read or write Englishwhen the need for assistance is not apparent or no member of the election boardhas knowledge thereof. The statement must be executed under penalty of perjury.

4. In addition to complying with the requirements ofthis section, the city clerk and election board officer shall, upon the requestof a registered voter with a physical disability, make reasonableaccommodations to allow the voter at his polling place.

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

NRS 293C.285 Replacementand cancellation of spoiled ballot; change of vote on mechanical recordingdevice.

1. Except as otherwise provided in subsection2:

(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 city clerk with the election supplies.

2. If ballots that are voted on a mechanical recordingdevice which directly records the votes electronically are used, the voter mustbe able to change his vote before the mechanical recording device permanentlyrecords that vote.

(Added to NRS by 1997, 3428)

NRS 293C.287 Returnand cancellation of ballot not voted. Exceptas otherwise provided in subsection 2 of NRS293C.285, 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 1997, 3428)

NRS 293C.290 Postingof alphabetical listing of registered voters at polling place; tearing ordefacing alphabetical listing prohibited; penalty.

1. The city clerk shall require an election boardofficer to post an alphabetical listing of all registered voters for eachprecinct in a public area of each polling place in the city. Except asotherwise provided in NRS 293.5002 and 293.558, the alphabetical listing mustinclude the name and address of each voter. Not less than four times during thehours in which the polling place is open, an election board officer shallidentify the name of each voter who voted since the 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 NRS 293C.290.

 

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 or address ofany voter, or the fact that a voter has or has not voted, is guilty of amisdemeanor.

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

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

1. NRS 293C.370;or

2. NRS 293.368,if the governing body of the city has adopted an ordinance pursuant toparagraph (a) of subsection 1 of NRS293C.115,

but beforethe time of the closing of the polls on the day of the election, the city clerkshall post a notice of the candidates death at each polling place where the candidatesname will appear on the ballot for the primary city election or general cityelection.

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

NRS 293C.292 Challenges.

1. A person applying to vote may be challenged:

(a) Orally by any registered voter of the precinct or districtupon the ground that he is not the person entitled to vote as claimed or hasvoted 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 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;

(b) If the challenge is on the ground that he previouslyvoted a ballot for the election, I swear or affirm under penalty of perjurythat I have not voted for any of the candidates or questions included on thisballot for this election; or

(c) 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. If the challenged person refuses to execute theoath or affirmation so tendered, he must not be issued a ballot, and theofficer in charge of the election board register shall write the wordsChallenged ................ opposite his name in the election board register.

4. If the challenged person refuses to execute theoath or affirmation set forth in paragraph (a) of subsection 2, the electionboard officers shall inform him that he is entitled to vote only in the mannerprescribed in NRS 293C.295.

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

6. If the challenge is based on the ground set forthin paragraph (a) of subsection 2, and the challenged person executes the oathor affirmation, the election board shall not issue the person a ballot until hefurnishes satisfactory identification that contains proof of the address atwhich he actually resides.

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 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.

8. The election board officers shall:

(a) Record on the challenge list:

(1) The name of the challenged person;

(2) The name of the registered voter 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 1997, 3429; A 1999, 679; 2001, 1952, 2958; 2003, 200, 210)

NRS 293C.293 Noticeof result of challenge.

1. As soon as practicable, but in no case later than21 calendar days after each election, the city clerk shall mail a notice toeach person who is listed on the challenge list as a registered voter whoinitiated a challenge pursuant to NRS293C.292.

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, 1951)

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

1. If a person is successfully challenged onthe ground set forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person refuses toprovide an affirmation pursuant to NRS293C.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 city clerk shall maintain at least one specialpolling place at such locations as he deems necessary during each election. Theballots voted at the special polling place must be kept separate from theballots of voters who have not been so challenged or who have provided an affirmationpursuant to NRS 293C.525 in:

(a) A special ballot box if the ballots are paperballots or ballots that are voted by punching a card; or

(b) A special sealed container if the ballots areballots that 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) All officers for whom all voters in the city mayvote; and

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

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 thatare voted by punching a card, maintained in a separate ballot box; or

(b) If the ballots are ballots that are voted on amechanical recording device that 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 1997, 3430; A 1999, 270)

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

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

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

(Added to NRS by 1997, 3430)

NRS 293C.300 Dutiesof voting board before adjournment. After thelast person entitled to vote has voted, the voting board shall, beforeadjourning, put the records and the account of ballots in order for thecounting board.

(Added to NRS by 1997, 3430)

NRS 293C.302 Court-orderedextension of deadline for voting.

1. If a court of competent jurisdiction orders acity to extend the deadline for voting beyond the statutory period in anelection, the city clerk shall, as soon as practicable after he receives noticeof the decision of the court:

(a) Cause notice of the extended period to be publishedin a newspaper of general circulation in the city or if no newspaper is ofgeneral circulation in that city, in a newspaper of general circulation in thenearest city; 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 city whose population is 25,000 or more, on atleast 3 successive days.

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

(Added to NRS by 1997, 3440)

ABSENT BALLOT VOTING

NRS 293C.305 Absentballots: Preparation; reasonable accommodations for use by elderly or disabledpersons; time for distribution; legal actions not to prevent issuance.

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

2. The ballot must be prepared and ready fordistribution to a registered voter who resides within or outside this State,not later than 20 days before the election in which it will be used.

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

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

NRS 293C.306 Distributionof forms to request absent ballot.

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 city clerk of each city to which a form will bedistributed written notification of the approximate number of forms to bedistributed to voters in the city and of the first date on which the forms willbe distributed;

(c) Not return or offer to return to the city 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, 2162; A 2001, 2035, 2959; 2003, 149, 152)

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

1. Except as otherwise provided in NRS 293C.330, a registered voter who 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 city clerk shall notifythe precinct or district election board that the registered voter has requestedan absent ballot.

(Added to NRS by 1997, 3431)

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

1. Except as otherwise provided in NRS 293.502 and 293C.265, a registered voter who providessufficient written notice to the city 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 thatsubstantially 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 that is signedby the registered voter and returned to the city clerk in person or by mail orfacsimile machine;

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

(c) Form provided by the Federal Government.

4. A city clerk shall consider a request from a voterwho has given sufficient written notice on a form provided by the FederalGovernment as:

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

(b) A request for an absent ballot for the two primaryand general elections immediately following the date on which the city clerkreceived the request.

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 any provision of this subsection is guilty of a categoryE felony and shall be punished as provided in NRS193.130.

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

NRS 293C.312 Limitationon time to apply for absent ballot; application available for publicinspection; issuance of absent ballot; immunity of city clerk.

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

2. When the voter has identified himself to thesatisfaction of the city clerk, he is entitled to receive the appropriateballot or ballots, but only for his own use.

3. A city 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 the information.

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

NRS 293C.315 Registrationand voting by person residing outside continental United States; regulations.

1. Any registered voter of this State whoresides outside the continental United States may use a facsimile machine torequest an absent ballot.

2. The city clerk shall use a facsimile machine tosend an absent ballot to the registered voter.

3. The registered voter shall mail his absent ballotto the city clerk.

4. The Secretary of State shall adopt regulations tocarry out the provisions of this section.

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

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

1. Anyregistered voter who is unable to go to the polls:

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

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

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

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

3. A writtenrequest submitted pursuant to subsection 1 must include:

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

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

(c) A briefstatement of the illness or disability of the registered voter or of factssufficient to establish that the registered voter was called away from homeafter the time had elapsed for requesting an absent ballot;

(d) If thevoter 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 persondesignated pursuant to paragraph (b) will mark and sign an absent ballot onbehalf of the registered voter pursuant to subsection 5, a statement signedunder penalty of perjury that only the registered voter will mark and sign theballot.

4. Except asotherwise provided in subsection 5, after marking his ballot the voter must:

(a) Place it inthe identification envelope;

(b) Affix hissignature on the back of the envelope; and

(c) Return itto the office of the city 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 requestfor an absent ballot submitted pursuant to this section must be made, and theballot delivered to the voter and returned to the city clerk, not later thanthe time the polls close on election 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 1997, 3432; A 1999, 2165)

NRS 293C.318 Applicationfor absent ballot because of physical disability: Requirements; votingprocedure.

1. A registered voter who, because of a physicaldisability, is unable to mark or sign a ballot or use a voting device withoutassistance may submit a written statement to the appropriate city clerkrequesting that he receive an absent ballot for each city election conductedduring the period specified in subsection 3.

2. A written statement submitted pursuant tosubsection 1 must:

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

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

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

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

4. To determine whether a registered voter is entitledto receive an absent ballot pursuant to this section, the city clerk may, everyyear after an absent ballot is issued to a registered voter pursuant tosubsection 3, require the registered voter to submit a statement from alicensed physician as specified in paragraph (a) of subsection 2. If astatement from a physician licensed in this State submitted pursuant to thissubsection indicates that the registered voter is no longer physicallydisabled, the city clerk shall not issue an absent ballot to the registeredvoter pursuant to this section.

5. A person designated pursuant to paragraph (b) ofsubsection 2 may, on behalf of and at the direction of the registered voter,mark and sign an absent ballot issued to the registered voter pursuant to theprovisions of this section. If the person marks and signs the ballot, theperson shall indicate next to his signature that the ballot has been marked andsigned 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, 2162)

NRS 293C.320 Cityclerk to determine whether applicant is registered voter; application by ArmedForces personnel.

1. The city clerk shall determine beforeissuing an absent ballot that the person making application is a registeredvoter in the proper city.

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.

(Added to NRS by 1997, 3432)

NRS 293C.322 Deliveryof absent ballot and voting supplies; regulations.

1. Except as otherwise provided in subsection2, if the request for an absent ballot is made by mail or facsimile machine,the city clerk shall, as soon as the official absent ballot for the precinct 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 cities 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 city clerk fails to send an absent ballotpursuant to subsection 1 to a voter who resides within the continental UnitedStates, the city clerk may use a facsimile machine to send an absent ballot andinstructions to the voter. The voter shall mail his absent ballot to the cityclerk.

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 with the United StatesPostal Service or sending a ballot by facsimile machine, the city clerk shallrecord the date the ballot is issued, the name of the registered voter to whomit is issued, his precinct or district, the number of the ballot and anyremarks he finds appropriate.

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

(Added to NRS by 1997, 3432; A 1999, 679; 2001, 2036; 2003, 149)

NRS 293C.325 Dutiesof city clerk upon receipt of absent ballot from voter: Recording receipt;deposit of voted ballot; delivery for counting.

1. Except as otherwise provided in subsections2 and 3, when an absent ballot is returned by a registered voter to the cityclerk through the mails, and record thereof is made in the absent ballot recordbook, the city clerk shall neatly stack, unopened, the absent ballot with anyother absent ballot received that day in a container and deliver, or cause tobe delivered, that container to the precinct or district election board.

2. If the city clerk has appointed an absent ballotcentral counting board, the city 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 city clerk determines that the absent voter isentitled to cast his ballot, he shall deposit the ballot in the proper ballotbox. At the end of each day before election day, the city 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 city clerkshall deliver the ballot box and, if applicable, each container to the absentballot counting board to be counted.

3. If the city uses a mechanical voting system, thecity clerk shall, upon receipt of each absent voters ballot, make a record ofthe return and check the signature on the return envelope against the originalsignature of the county clerks register. If the city clerk determines that theabsent voter is entitled to cast his ballot, he shall deposit the ballot in theproper ballot box or place the ballot, unopened, in a container that must besecurely locked or under the control of the city clerk at all times. At the endof each day before election day, the city clerk may remove the ballots fromeach ballot box, neatly stack the ballots in a container and seal the containerwith a numbered seal. Except as otherwise provided in this subsection, onelection day the city clerk shall deliver the ballot box and each container, ifapplicable, to the central counting place. If the city uses a mechanical votingsystem and the city clerk has appointed an absent ballot central countingboard, the city clerk may, not earlier than 4 working days before the election,deliver the ballots to the absent ballot central counting board to be processedand prepared for tabulation pursuant to the procedures established by theSecretary of State.

(Added to NRS by 1997, 3433; A 2001, 2037)

NRS 293C.327 Votingabsent ballot in person in city clerks office.

1. If:

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

(b) The governing body of the city, pursuant toparagraph (b) of subsection 2 of NRS293C.110, has provided for voting by absent ballot in person,

the cityclerk shall issue an absent ballot to the registered voter, and the ballot mustbe voted on the premises of the city clerks office and returned to the cityclerk. The city clerk shall follow the same procedure as in the case of absentballots received by mail.

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

(a) The Friday before the election; or

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

each cityclerk shall provide a voting booth, with suitable equipment for voting, on thepremises of his office for use by registered voters who are issued absent ballotsin accordance with this section.

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

NRS 293C.328 Electioneeringprohibited near city clerks office during period office maintained for votingabsent ballot in person; penalty.

1. During the period specified in subsection 2 of NRS 293C.327 when the city clerks officeis maintained with suitable equipment for voting an absent ballot in person:

(a) A person may not electioneer for or against anycandidate, measure or political party in or within 100 feet from the entranceto the city clerks office.

(b) The city clerk shall keep continuously posted:

(1) At each entrance to the city clerks office,a sign on which is printed in large letters Polling Place for Voting AbsentBallots; and

(2) 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 any entrance to thecity clerks office.

2. Ropes or other suitable objects may be used at thecity clerks office to ensure compliance with this section.

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

(Added to NRS by 1999, 266)

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

1. Exceptas otherwise provided in NRS 293C.315and subsection 2 of NRS 293C.322 andany regulations adopted pursuant thereto, when an absent voter receives hisballot, he must mark and fold it, if it is a paper ballot, or punch it, if theballot is voted by punching a card, in accordance with the instructions,deposit it in the return envelope, seal the envelope, affix his signature onthe back of the envelope in the space provided therefor and mail the returnenvelope.

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

(a) The officeof the city clerk, he must mark or punch the ballot, seal it in the returnenvelope and affix his signature in the same manner as provided in subsection1, and deliver the envelope to the city clerk.

(b) A pollingplace, including, without limitation, a polling place for early voting, he mustsurrender the absent ballot and provide satisfactory identification beforebeing issued a ballot to vote at the polling place. A person who receives asurrendered absent ballot shall mark it Cancelled.

3. If an absent voter who has requested a ballot bymail applies to vote in person at the office of the city 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 293C.317, it is unlawful for anyperson to return an absent ballot other than the voter who requested the absentballot or, at the request of the voter, a member of his family. A person whoreturns an absent ballot and who is a member of the family of the voter whorequested the absent ballot shall, under penalty of perjury, indicate on a formprescribed by the city clerk that he is a member of the family of the voter whorequested 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 1997, 3433; A 1999, 679, 2167; 2001, 2037, 2960; 2003, 200, 210)

NRS 293C.332 Procedurefor depositing absent ballots in ballot box. Onthe day of an election, the precinct or district election boards receiving theabsent voters ballots from the city clerk shall, in the presence of a majorityof the election board officers, remove the ballots from the ballot box and thecontainers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots inthe regular 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 the ballotand, if the numbers are the same, the ballot deposited in the regular ballotbox; and

4. The election board officers shall mark in thepollbook opposite the name of the voter the word Voted.

(Added to NRS by 1997, 3434; A 2001, 2038)

NRS 293C.335 Emptyenvelopes and rejected ballots to be returned to city 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 city clerk. Onall envelopes containing the rejected ballots the cause of rejection must benoted and the envelope signed by a majority of the election board officers.

(Added to NRS by 1997, 3434)

NRS 293C.340 Dutyof city clerk to provide ballot box for each ballot listing if absent ballotcentral counting board appointed; deposit of voted ballots.

1. In cities in which an absent ballot centralcounting board is appointed, the city clerk shall provide a ballot box in hisoffice for each different ballot listing in the city.

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

3. Each absent ballot voted must be deposited in aballot box according to the precinct or district of the absent voter votingthat ballot.

(Added to NRS by 1997, 3434)

VOTING IN MAILING PRECINCTS

NRS 293C.342 Eligibilityof certain voters to vote by mail; effect of city clerk designating precinct asmailing precinct.

1. A registered voter who resides in anelection precinct in which there were not more than 200 voters registered forthe last preceding city general election, or in a precinct in which it appearsto the satisfaction of the city clerk that there are not more than 200registered voters, may vote at any election regulated by this chapter in themanner provided in NRS 293C.345 to 293C.352.

2. Whenever the city 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 293C.345 to 293C.352.

(Added to NRS by 1997, 3434)

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

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

NRS 293C.347 Enrollmentof eligible voters name; procedure for mailing of ballot and voting suppliesby city clerk.

1. The city 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 returnenvelope; 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 cities 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 concerning the manner of punching andreturning the card.

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

NRS 293C.350 Markingand return of mailing ballot by voter. Upon receiptof a mailing ballot from the city 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 city clerk.

2. In those cities 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 city clerk.

(Added to NRS by 1997, 3435)

NRS 293C.352 Dutiesof city clerk upon receipt of envelope which contains mailing ballot. Upon receipt of the return envelope from the registeredvoter, the city clerk shall follow the same procedure as in the case of absentballots.

(Added to NRS by 1997, 3436)

EARLY VOTING BY PERSONAL APPEARANCE

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

(Added to NRS by 1999, 267)

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

1. If a request is made to vote early by aregistered voter in person, the city clerk shall issue a ballot for earlyvoting to the voter. Such a ballot must be voted on the premises of the clerksoffice and returned to the clerk. If the ballot is a paper ballot or a ballotwhich is voted by punching a card, the clerk shall follow the same procedure asin the case of absent ballots received by mail.

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

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

NRS 293C.3561 Cityclerk 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 city clerk pursuant to subsection 2.

2. The city clerkshall:

(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 city council or other governingbody of the city, inform the city council or other governing body of the sitesselected as permanent and temporary polling places for early voting by personalappearance.

(Added to NRS by 2005, 2290)

NRS 293C.3564 Permanentpolling places for early voting.

1. The city clerk may establishpermanent polling places for early voting by personal appearance in the city atthe locations selected by him pursuant to NRS293C.3561.

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

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

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

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

2. The city 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 city 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 city 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; 1999,690)

NRS 293C.3572 Temporarybranch polling places.

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

2. The provisions of subsection 3 of NRS 293C.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 city 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; 1999,690; 2005, 2293)

NRS 293C.3576 Scheduleof locations and times for early voting.

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

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

3. The city 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, 690)

NRS 293C.358 Appointmentof deputy clerks.

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

2. The city 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, 690)

NRS 293C.3583 Preparationof mechanical recording devices 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; A 1999, 690)

NRS 293C.3585 Procedurefor voting.

1. Upon the appearance of a person to cast a ballotfor 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 city 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 NRS293C.292.

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

NRS 293C.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, 690, 2167)

NRS 293C.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 city 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, 690)

NRS 293C.3598 Ballotboard.

1. A ballot board for early voting must be appointedby the city clerk to handle early voting ballots for that city.

2. The board must consist of three members. Nocandidate or his relative within the second degree of consanguinity or affinitymay be appointed as an election board member.

(Added to NRS by 1993, 2171; A 1997, 2781; 1999, 271, 690)

NRS 293C.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 city 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 city clerk shall provide a new ballot box sealedin the manner prescribed in NRS 293C.359.

3. At the close of each voting day before the fourthvoting day before the last day to vote early, the city 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 city clerk shall deliver all ballots voted to the ballotboard for early voting. At the close of the last voting day, the city 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 city 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, 690, 2167; 2001, 2038)

NRS 293C.3604 Mechanicalrecording devices: Duties of election board at close of each voting day; dutiesof ballot board for early voting and clerks 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 293C.3585 for thatday.

(b) Secure:

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

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

2. At the close of the last voting day, the city clerkshall 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 293C.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 city 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 number seal. The official statement of ballots must accompany the items tothe central counting place.

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

NRS 293C.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 may be reportedseparately from the regular votes of the precinct, unless reporting the returnsseparately would violate the secrecy of the voters ballot.

4. The city clerk shall develop a procedure to ensurethat 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; 1999,690)

NRS 293C.3608 Deliveryto central counting place of printed record of votes recorded on mechanicalrecording device during period for early voting and of related items anddevices. On election day, the city clerkshall:

1. Ensure that each mechanical recording device usedduring the period for early voting provides a record printed on paper of thetotal number of votes recorded on the device for each candidate and for oragainst each measure; and

2. Deliver to the central counting place:

(a) The items sorted and counted pursuant to subsection3 of NRS 293C.3604;

(b) The records printed on paper provided pursuant tosubsection 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, 690)

NRS 293C.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 thevoting area.

2. During the period of early voting, the city clerk shallkeep 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, 690)

RETURNS AND CANVASS

NRS 293C.3615 Recordmade by city clerk of receipt at central counting place of sealed containerused to transport official ballots. The cityclerk shall make a record of the receipt at the central counting place of eachsealed container used to transport official ballots pursuant to NRS 293C.295, 293C.325, 293C.3602, 293C.630 and 293C.635. The record must include thenumbers indicated on the container and its seal pursuant to NRS 293C.700.

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

NRS 293C.362 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 that 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 determine 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 inspectors areof the opinion that the ballots folded together were voted by one person, theballots must be rejected and placed in an envelope, upon which must be writtenthe reason for their rejection. The envelope must be signed by the countingboard officers and placed in the container or ballot box after the count iscompleted.

3. If the ballots in the container or box are found toexceed the number of names on the pollbooks, the ballots must be replaced inthe container or box and a counting board officer shall, with his back turnedto the container or box, draw out a number of ballots equal to the excess. Theexcess ballots must be marked on the back thereof with the words Excess ballotsnot counted. The ballots when so marked must be immediately sealed in anenvelope and returned to the city clerk with the other ballots rejected for anycause.

4. When it has been determined 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 1997, 3436; A 2001, 2039)

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

(Added to NRS by 1997, 3436)

NRS 293C.367 Rejectionof ballots; regulations for counting ballots.

1. The basic factor to be considered by anelection board when making a determination of whether a particular ballot mustbe rejected 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. 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, chapter 293 or 293Bof NRS may be used in marking ballots.

(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 cities where mechanical voting systems are usedwhereby a vote is cast by punching a card, a superfluous punch into any carddoes not constitute grounds for rejection of the ballot unless the election boarddetermines that the condition of the ballot justifies its exclusion pursuant tosubsection 1.

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

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

(Added to NRS by 2001, 2035)

NRS 293C.369 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 cross in the designatedsquare must be counted as a vote.

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, 2034)

NRS 293C.370 Countingof votes cast for deceased candidate. Exceptas otherwise provided in NRS 293C.115:

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

2. If the deceased candidate on the ballot at theprimary city election receives the number of votes required to receive thenomination to the office for which he was a candidate, the nomination is filledas provided in subsection 2 of NRS293C.190.

3. Whenever a candidate whose name appears upon theballot at a general city election dies after 5 p.m. of the second Tuesday afterthe second Monday in April, the votes cast for the deceased candidate must becounted in determining the results of the election for the office for which thedecedent was 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 vacancycreated must be filled in the same manner as if the candidate had died aftertaking office for that term.

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

NRS 293C.372 Procedurefor completion of tally lists. When all thevotes have been tallied, the counting board officers shall enter on the tallylists by the name of each candidate the number of votes he received. The numbermust be expressed in words and figures. The vote for and against any questionsubmitted to the electors must be entered in the same manner.

(Added to NRS by 1997, 3437)

NRS 293C.375 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 city clerk.

2. The other pollbooks, tally lists and election boardregister must be returned to the city clerk.

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

NRS 293C.380 Postingof copies of voting results.

1. Except as otherwise provided in subsection2, each counting board before it adjourns, shall post a copy of the votingresults in a conspicuous place on the outside of the place where the votes werecounted.

2. If votes are cast on ballots that are mechanicallyor electronically tabulated in accordance with the provisions of this chapter, chapter 293 or 293Bof NRS, the city clerk shall, as soon as possible, post copies of the tabulatedvoting results in a conspicuous place on the outside of the counting facility,courthouse or city hall.

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 city conducting the election and must be signedby the members of the counting board or the computer program and processingaccuracy board.

(Added to NRS by 1997, 3438)

NRS 293C.382 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 the ballots fromeach ballot box or container that holds absent ballots received before that dayand determine whether each box or container has the required number of ballotsaccording to the city 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 1997, 3438; A 2001, 2040)

NRS 293C.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 determine whether each box orcontainer has the required number of ballots according to the city clerksabsent voters ballot record.

2. If any absent ballots are received by the cityclerk on election day pursuant to NRS293C.317, the city clerk shall deposit the absent ballots in theappropriate ballot 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 the cityclerk, who shall have the results added to the regular votes of the precinct.If a mechanical voting system is used in which a voter casts his ballot bypunching a card that is counted by a computer, the absent ballots may becounted with the regular votes of the precinct. The returns of absent ballotsmust be reported separately from the regular votes of the precinct, unless reportingthe returns separately would violate the secrecy of a voters ballot. The cityclerks shall develop a procedure to ensure that each ballot is kept secret.

5. Any person who disseminates to the publicinformation relating to the count of absent ballots before the polls close isguilty of a misdemeanor.

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

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

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

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

3. In completing the canvass of the returns, thegoverning body of the city and the mayor 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.

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

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

6. After the abstract is entered, the:

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

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

(1) Certify the abstract;

(2) Make a copy of the certified abstract;

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

(4) Transmit a copy of the certified abstractand the mechanized report of the abstract to the Secretary of State within 6working days after the election; and

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

7. After the abstract of the results from a:

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

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

(1) Issue under his hand and official seal toeach person elected a certificate of election; and

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

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

(Added to NRS by 1997, 3439; A 2003, 2256)

NRS 293C.389 Inclusionof inactive voters in reports of votes prohibited. Thegoverning body of a city, a city clerk and any other person who prepares an abstractof votes or other report of votes pursuant to this chapter shall not include inthat abstract or report a person designated as an inactive voter pursuant tosubsection 7 of NRS 293.530 whendetermining the percentage of voters who have voted or the total number ofvoters.

(Added to NRS by 1999, 1395)

NRS 293C.390 Dispositionand inspection of ballots, pollbooks, lists, voting receipts, stubs and recordsof voted ballots after canvass by governing body of city.

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 governing body of the city, be deposited in the vaults of the cityclerk. The records of voted ballots that are maintained in electronic formmust, after canvass of the votes by the governing body of the city, be sealedand deposited in the vaults of the city clerk. The tally lists and pollbookscollected pursuant to NRS 293B.400must, after canvass of the votes by the governing body of the city, be depositedin the vaults of the city clerk without being sealed. All materials describedby this subsection must be preserved for at least 22 months, and all such sealedmaterials must be destroyed immediately after that period. A notice of thedestruction must be published by the city clerk in at least one newspaper ofgeneral circulation in the city, or if no newspaper is of general circulationin that city, in a newspaper of general circulation in the nearest city, notless than 2 weeks before the destruction of the materials.

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

3. The pollbooks containing the signatures of thosepersons who voted in the election and the tally lists deposited with thegoverning body of the city are subject to the inspection of any elector who maywish to examine them at any time after their deposit with the city clerk.

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

5. The voted ballots deposited with the city clerk arenot subject to the inspection of any person, except in a contested election,and only by the judge, body or board before whom the election is beingcontested, or by the parties to the contest, jointly, pursuant to an order ofthe judge, body or board.

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

NRS 293C.395 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 city officebecause of any contest of election filed in the city election or any defect orinformality in the returns of any city election, if it can be ascertained withreasonable certainty from the returns what city office is intended and who isentitled to the certificate or commission.

(Added to NRS by 1999, 267)

REGISTRATION OF VOTERS; REGISTRARS

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

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

2. A municipal facility designated pursuant tosubsection 1 must be operated as an auxiliary municipal facility at which voterregistration is carried out in addition to being carried out at the office ofthe city clerk.

3. If the city clerk designates a municipal facilitypursuant to subsection 1, the city clerk shall determine the hours of operationfor the facility and shall, in cooperation with the Secretary of State, ensurethat the facility is operated, staffed and equipped in compliance with allapplicable provisions of title 24 of NRS and all other applicable provisions ofstate and federal law relating to the registration of electors in this State.

(Added to NRS by 2005, 313)

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

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

(a) From one precinct to another within the same citymust be allowed to vote in the precinct where he previously resided after heprovides an oral or written affirmation before an election board officerattesting to his new address.

(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 allowed to vote after heprovides 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 city in the manner set forth in NRS 293C.295.

(Added to NRS by 1997, 3440)

NRS 293C.527 Closeof registration; exception; hours office of city clerk to be open during lastdays before registration closes; publication of day registration closes;elector required to register to vote in person during certain period; hours ofoperation for municipal 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 city election or general cityelection and at 9 p.m. on the third Saturday preceding any recall or specialelection, except that if a recall or special election is held on the same dayas a primary city election or general city election, registration must close at9 p.m. on the third Tuesday preceding the day of the elections.

2. The office of the city 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 before a primary city election or generalcity election, according to the following schedule:

(a) In a city whose population is less than 25,000, theoffice of the city clerk must be open during the last 3 days beforeregistration closes.

(b) In a city whose population is 25,000 or more, theoffice of the city clerk must be open during the last 5 days beforeregistration closes.

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

(a) The city clerk of each city shall cause a noticesigned by him to be published in a newspaper having a general circulation inthe city indicating:

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

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

If no newspaperis of general circulation in that city, the publication may be made in anewspaper of general circulation in the nearest city 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. For the period beginning on the fifth Sundaypreceding any primary city election or general city election and ending on thethird Tuesday preceding any primary city election or general city election, anelector may register to vote only by appearing in person at the office of thecity clerk or, if open, a municipal facility designated pursuant to NRS 293C.520.

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

(Added to NRS by 1997, 3441; A 2003, 1726, 2189; 2005, 313)

NRS 293C.530 Sampleballots: Contents; mailing; notice of location of polling place; notice iflocation of polling place changed; form of ballot; cost of mailing borne bycity.

1. Before the period for early voting, but notlater than 10 days before an election, the city clerk shall cause to be mailedto each registered voter in the city 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 city clerk shall mail a notice of the change toeach registered voter in the city not sooner than 10 days before mailing thesample 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

 

2. Except as otherwise provided in subsection 3, a sampleballot required to be mailed pursuant to this section must:

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

(b) Include the fiscal note and explanation, asrequired pursuant to NRS 293.481 or 293.482, of each citywide measure andadvisory question, including arguments for and against it; and

(c) 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)

 

3. A portion of a sample ballot that contains afacsimile of the display area of a voting device may include material in lessthan 12-point type to the extent necessary to make the facsimile fit on thepages of the sample ballot.

4. 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.

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

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

(a) Theaddresses of such centralized voting locations;

(b) The typesof specially equipped voting devices available at such centralized votinglocations; and

(c) That avoter who is elderly or disabled may cast his ballot at such a centralizedvoting location rather than at his regularly designated polling place.

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

(Added to NRS by 1997, 3441; A 2001, 1438, 2002, 2962; 2003, 200, 208, 210, 1660, 1710, 3198)

NRS 293C.532 Personsentitled to vote; authority of governing body of city to provide supplementalregistration.

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

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

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

NRS 293C.535 Procedurefor registration of electors in incorporated cities; preparation of officialelection board register.

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

2. The county clerk shall use the statewide voterregistration list to prepare for the city clerk of each incorporated citywithin his county the election board register of all electors eligible to voteat a regular or special city election.

3. The official register must be prepared in suitablebooks, one for each ward or other voting district within each incorporatedcity. The entries in the election board register must be arrangedalphabetically with the surnames first.

4. The county clerk shall keep duplicate originals orcopies of the applications to register to vote contained in the officialregister in his office.

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

NRS 293C.540 Deliveryof official register by county clerk to city clerk. Notlater than 3 days before the day on which any regular or special city electionis held, the county clerk shall deliver to the city clerk the official registerfor the city.

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

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

(Added to NRS by 1997, 3442)

NRS 293C.545 Cityrequired to compensate county registrar for certain services; payment from citygeneral fund.

1. As full compensation for all servicesrendered pursuant to the provisions of NRS293C.120 and 293C.535 to 293C.542, inclusive, the county registraris entitled to receive on behalf of the county the sum of 15 cents for eachname of an elector copied by him, regardless of the number of times each nameis copied.

2. The account of the county registrar:

(a) Is a claim against the city.

(b) Must be made out so as to indicate clearly thenumber of names copied by him.

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

3. The claim, including all other just and reasonabledemands of other persons for books, advertising and supplies necessarilyincurred in carrying out the provisions of NRS293C.120 and 293C.535 to 293C.542, inclusive, must be audited andpaid out of the general fund of the city.

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

(Added to NRS by 1997, 3442)

MECHANICAL VOTING SYSTEMS

Administration

NRS 293C.600 Preparationof computer program used to run computer or counting device; protection ofprogram.

1. Before any election where a mechanicalvoting system will be used, the city clerk shall prepare or cause to beprepared a computer program on cards, tape or other material suitable for usewith the computer or counting device to be employed for counting the votescast. The program must cause the computer or counting device to operate in thefollowing manner:

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

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

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

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

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

(Added to NRS by 1997, 3443)

NRS 293C.615 Accuracycertification board to observe conduct of tests on equipment for mechanicalvoting; representatives of candidates and press authorized to observe.

1. The accuracy certification board shall observe theconduct of the tests prescribed by NRS293B.150 and 293B.165.

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

(Added to NRS by 1997, 3443)

NRS 293C.620 Issuanceof ballots and voting receipts; procedure for voting.

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

2. If a mechanical voting system is used in a primarycity election whereby votes are directly recorded electronically, a member ofthe election board shall, in addition to the ballot described in subsection 1,issue the voter a voting receipt.

3. The member of the election board shall:

(a) Direct the voter to a mechanical recording devicecontaining a list of offices and candidates; or

(b) Issue a ballot attached to a sheet of foam plasticor similar backing material, a punching instrument, a sample ballot and aninstruction sheet to the voter and instruct him to punch his ballot byreference to the sample ballot.

(Added to NRS by 1997, 3443)

Processing of Ballots

NRS 293C.625 Earlypickup and delivery of ballots to central counting place; processing of ballotsbefore polls close. The city clerk may orderdeputized officers to pick up all voted ballots from any or all of theprecincts or districts after the polls have been opened for 5 hours. At leasttwo deputized officers shall deliver any ballots that are picked up early tothe central counting place. The various boards operating the central countingplace may begin to process those ballots upon receipt, but no reports may beprinted by the counting device or computer until the polls have closed. Anyballots that are picked up early must be transported to the central countingplace in the manner prescribed in NRS293C.635.

(Added to NRS by 1997, 3444)

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

1. Upon closing of the polls, the election boardshall:

(a) Secure all mechanical recording devices againstfurther voting.

(b) If a mechanical voting system is used whereby votesare cast by punching a card:

(1) Count the number of ballots in the ballotboxes.

(2) Account for all ballots on the statement ofballots.

(3) Place all official ballots, the ballotstatement and any other records, reports and materials as directed by the cityclerk into the container provided by him to transport those items to a centralcounting place and seal the container.

(c) If a mechanical voting system is used whereby votesare directly recorded electronically:

(1) Ensure that each mechanical recordingdevice:

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

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

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

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

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

(d) Record the number of voters on a form provided bythe city clerk.

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

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

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

(b) Note any shortages.

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

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

NRS 293C.635 Procedurefor delivery of ballots and election materials to receiving center or centralcounting place; disposition of other materials; members of general publicallowed to observe delivery.

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

2. The chairman shall provide for the transportationor other disposition of all other supplies and election materials as directedby the city clerk.

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

(Added to NRS by 1997, 3444)

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

1. To facilitate the processing and computationof votes cast at an election conducted under a mechanical voting system, thecity clerk shall create a computer program and processing accuracy board, andmay create:

(a) A central ballot inspection board;

(b) An absent ballot mailing precinct inspection board;

(c) A ballot duplicating board;

(d) A ballot processing and packaging board; and

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

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

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

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

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

NRS 293C.645 Dutiesof central ballot inspection board. Thecentral ballot inspection board shall:

1. Receive the ballots in sealed containers.

2. Inspect the containers, record the number indicatedon each container and its seal pursuant to NRS293.462 and remove the ballots or storage devices that store the ballotsvoted on mechanical recording devices that directly record votes electronically.

3. Register the numbers of ballots by precinct.

4. Deliver any damaged ballots to the ballotduplicating board, if the ballots were voted by punching a card.

5. Receive duplicates of damaged ballots from theballot duplicating board and place the duplicates with the voted ballots of theappropriate precinct, if the ballots were voted by punching a card.

6. Place each damaged original ballot in a separateenvelope and note on the outside of the envelope the appropriate number of theprecinct, if the ballot was voted by punching a card.

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

8. Place each rejected ballot in a separate envelopeand note on the outside of the envelope the appropriate number of the precinctand the reason for the boards rejection of the ballot, if the ballot was votedby punching a card.

(Added to NRS by 1997, 3445)

NRS 293C.650 Dutiesof absent ballot mailing precinct inspection board. Theabsent ballot mailing precinct inspection board shall:

1. Perform functions similar to those of the centralballot inspection board and the ballot duplicating board as those functions areapplicable to absent and mailing ballots.

2. Bundle the empty absentee and mailing returnenvelopes according to ballot type or precinct and deliver the bundles to thecity clerk.

3. Treat any absentee or mailing envelope found not tocontain a ballot as a rejected ballot and place that envelope in a separatelarger envelope on which must be written the ballot code or precinct and thereason for the rejection.

(Added to NRS by 1997, 3445)

NRS 293C.655 Dutiesof ballot duplicating board. If ballots thatare voted by punching a card are used, the ballot duplicating board shall:

1. Receive damaged ballots, including ballots thathave been torn, bent or mutilated.

2. Receive cards with incompletely punched chips.

3. Prepare on a distinctly colored, serially numberedballot marked duplicate an exact copy of each damaged ballot.

4. In the case of a card with an incompletely punchedchip:

(a) Remove the incompletely punched chip 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; or

(b) Duplicate the card without punching the location ofthe incompletely punched chip if:

(1) The chip does not have at least one cornerthat is detached from the card; and

(2) The fibers of paper on no edge of the chipare broken in a way that permits unimpeded light to be seen through the card.

5. Record the serial number of the duplicate ballot onthe damaged original ballot and return the damaged and duplicate ballots to theappropriate ballot inspection board.

6. Hold aside the duplicated ballots for countingafter all other ballots are counted if this procedure is directed by the cityclerk.

(Added to NRS by 1997, 3445; A 2001, 2041)

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

1. The ballot processing and packaging boardmust be composed of persons who are qualified in the use of the data processingequipment to be operated for the voting count.

2. The board shall:

(a) Allow members of the general public to observe thecounting area where the computers are located during the period when ballotsare being processed if those members do not interfere with the processing ofthe ballots.

(b) Receive ballots and maintain groupings of them byprecinct.

(c) Before each counting of the ballots or computer runbegins, validate the testing material with the counting program.

(d) Maintain a log showing the sequence in which theballots of each precinct are processed to ensure that the ballots of allprecincts are processed.

(e) After each counting of the ballots, verify thetesting material with the counting program to substantiate that there has beenno substitution or irregularity.

(f) Record an explanation of any irregularity thatoccurs in the processing.

(g) Collect all returns, programs, testing materials,ballots and other items used in the election at the computer center and packageand deliver the items to the city clerk for sealing and storage.

(Added to NRS by 1997, 3446)

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

1. The city clerk shall appoint the members ofthe computer program and processing accuracy board not later than 7 days beforethe election in which they will serve.

2. The board shall verify that:

(a) Any invalid voting of a ballot will cause it to berejected.

(b) Votes can be counted for each candidate andproposition.

(c) Any overvote for an office or proposition willcause a rejection of the vote for that office or proposition.

(d) Where multiple votes may be cast, the maximumnumber of votes permitted a voter cannot be exceeded without rejecting the votefor that selection, but any undervote will be counted.

(e) A voters omission to vote or his irregular vote onany particular office or proposition will not prevent the counting of his voteas to any other office or proposition on the ballot.

(Added to NRS by 1997, 3446)

MISCELLANEOUS PROVISIONS

NRS 293C.700 Constructionof containers used to transport official ballots.

1. Each container used to transport official ballotspursuant to NRS 293C.295, 293C.325, 293C.3602, 293C.630 and 293C.635 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 1999, 267; A 2001, 2042)

NRS 293C.710 Lossor destruction of ballots, or other cause preventing election in precinct ordistrict; new election. If a city election isprevented in any precinct or district by reason of the loss or destruction ofthe ballots intended for that precinct or district, or any other cause, theelection officers for that precinct or district shall make an affidavit settingforth that fact and transmit it to the governing body of the appropriate city.Upon receipt of the affidavit and upon the application of any candidate for anycity office to be voted for by the registered voters of that precinct ordistrict, the governing body of the city shall order a new election in that precinctor district.

(Added to NRS by 1999, 267)

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

1. If a city clerk maintains a website on the Internetfor information relating to elections, the website must contain publicinformation maintained, collected or compiled by the city clerk that relates toelections, which must include, without limitation:

(a) The locations of polling places for casting aballot on election day in such a form that a registered voter may search thelist to determine the location of the polling place at which the registeredvoter is required to cast a ballot; and

(b) The abstract of votes required to be posted on awebsite pursuant to the provisions of NRS293C.387.

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 acity clerk pursuant to subsection 1 may be obtained by the public from awebsite on the Internet maintained by the Secretary of State, a county clerk oranother city clerk, the city clerk may provide a hyperlink to that website tocomply with the provisions of subsection 1 with regard to that information.

(Added to NRS by 2005, 2291)

NRS 293C.720 Cityclerks encouraged to provide election information and materials in usableformat for elderly or disabled persons. Eachcity clerk is encouraged to:

1. Not later than the earlier date of the first noticeprovided pursuant to subsection 3 of NRS293.560 or NRS 293C.187, notifythe public, through means designed to reach members of the public who areelderly or disabled, of the provisions of NRS293C.281, 293C.282, 293C.310, subsection 1 of NRS 293C.312, NRS 293C.317 and 293C.318.

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 city clerk to the public inprinted form.

(Added to NRS by 2001, 1436; A 2003, 1661)

 

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