While the formal draft of the Nevada Election Modernization and Reform Act is prepared by the Legislative Council Bureau (LCB) once the bill is filed, here is a draft to guide the LCB.
Nevada Election Modernization and Reform
Act
To change Title 24, chapter 293 of the
Nevada Revised Statutes. Deletions are
shown by strikethrough. Additions are shown as bold italics.
TITLE
24 - ELECTIONS
GENERAL
PROVISIONS
NRS 293.019
“Approved electronic transmission” defined.
NRS 293.044
“County clerk” defined; synonymous with “registrar of voters” in certain
counties.
NRS 293.106
“Special absent ballot” defined. [Repealed.]
NRS 293.111
“Statewide voter registration list” defined.
NRS 293.124
Secretary of State to serve as Chief Officer of Elections; regulations.
NRS 293.126
Applicability of chapter to city elections.
NRS 293.127
Liberal construction of title and determination of real will of electors.
NRS 293.1273
Facsimile of signature created by computer to verify or compare signature.
NRS 293.1275
Counting of Saturdays, Sundays and holidays in computing certain periods of
time; exceptions.
GENERAL
ELECTIONS
CIRCULATION
AND SUFFICIENCY OF CERTAIN PETITIONS
NRS 293.127561
Establishment of petition districts; criteria. [Repealed.]
NRS 293.127562
Maps of petition districts: Duties of Director of Legislative Counsel Bureau.
[Repealed.]
NRS 293.127563
Secretary of State to determine number of signatures required for certain
petitions.
NRS 293.127565
Use of public buildings to gather signatures on petitions; remedy for
violation; regulations.
NRS 293.12758
Receipt issued by county clerk; requirements for petition.
NRS 293.1276
County clerk to forward number of signatures to Secretary of State; notice of
failure to file required number of signatures; handling of petition;
regulations.
NRS 293.1277
Verification of signatures by county clerks; regulations.
NRS 293.1278
Qualification or disqualification of petition upon receipt of certificates or
amended certificates by Secretary of State.
NRS 293.1279
Qualification or disqualification of petition upon verification of signatures;
regulations.
NRS 293.12793
Appeal with Secretary of State contesting verification of signatures;
notification of public officer who is subject of petition to recall;
consideration and investigation of allegations.
NRS 293.12795
Action by Secretary of State upon review of appeal; judicial review of decision
of Secretary of State.
MAJOR
POLITICAL PARTIES
NRS 293.133
Number of delegates from voting precincts to county convention.
NRS 293.134
Use of room or space occupied by State or local government by state or county
central committee.
NRS 293.135
Precinct meetings of registered voters before county convention: Time and
place; notice.
NRS 293.137
Election of delegates to county convention; procedure if precinct fails to
elect delegates; certificates given to elected delegates; state central
committee to adopt written procedural rules.
NRS 293.140
County conventions: Manner of organization; authorized action of delegates.
NRS 293.143
County central committee: Number; change in membership.
NRS 293.150
State conventions: Place and actions; additional conventions.
NRS 293.153
Number of members of state central committee.
NRS 293.155
Rules of county and state conventions; delegate must be qualified elector; unit
rule of voting prohibited.
NRS 293.157
State and county central committees: Terms of office; termination of
membership; vacancies.
NRS 293.160
State and county central committees: Election of officers and executive
committee; other powers.
NRS 293.161
Right of participation as delegate to county or state convention or member of
county or state central committee.
NRS 293.163
Selection of delegates and alternates to national party convention and members
of national committee by state convention in presidential election year.
NRS 293.165
Procedure for filling vacancy in major or minor political party nomination or
nonpartisan nomination.
NRS 293.166
Procedure for filling vacancy in party nomination for office of State
Legislator from multicounty legislative district.
NRS 293.167
Nomination of party candidates for United States Senator or Representative in
Congress.
MINOR
POLITICAL PARTIES
NRS 293.1715
Procedure to place candidates’ names on ballot; limitation on number of
candidates to appear on ballot.
NRS 293.172
Contents of petition required to place candidates’ names on ballot; limitation
on who may sign petition; requirements for signing.
NRS 293.1725
Candidates: Submission of list to Secretary of State; filing of declaration of
candidacy and certificate of nomination.
NOMINATIONS
NRS 293.175
Date of primary election; nomination of candidates; applicability of provisions
governing nominations.
NRS 293.1755
Residency requirements for candidates; penalty for knowingly and willfully
making false statement concerning residency on declaration or acceptance of
candidacy; exception.
NRS 293.176
When candidacy for major political party prohibited; exception.
NRS 293.177
Declaration or acceptance of candidacy: Filing required before name may be
printed on ballot; forms; contents; address of candidate; retention of proof of
identity and residency; appointment of agent for service of process;
investigation and disqualification of candidate who has been convicted of
felony and has not had civil rights restored.
NRS 293.180
Certificates of candidacy: Requirements; filing; acceptance of candidacy.
NRS 293.181
Declaration of residency required of candidate for office of State Legislator.
NRS 293.182
Written challenges concerning qualifications of candidates.
NRS 293.184
Penalty for willfully filing declaration or acceptance of candidacy with
knowledge it contains false statement; posting of notice of disqualification at
polling place required in certain circumstances.
NRS 293.185
Offices for filing declarations, certificates and acceptances of candidacies.
NRS 293.186
Candidates for public office to receive form or access to electronic form for
making statement of financial disclosure and related instructions.
NRS 293.187
Certification of names of persons for whom candidacy papers have been filed by
Secretary of State to county clerks.
NRS 293.190
Certification to county clerks by Secretary of State of names of certain
persons nominated.
NRS 293.194
Return of filing fee to certain candidates.
NRS 293.196
Each office of justice of the Supreme Court constitutes separate office for nomination
and election.
NRS 293.197
Each department of district court constitutes separate office for nomination
and election; ballots used in certain counties.
NRS 293.198
Each department of Justice Court constitutes separate office for nomination and
election.
NRS 293.200
Independent candidates: Qualification; petition of candidacy; time limit for
challenge; declaration of candidacy.
NRS 293.203
Contents and publication of notice of primary or general election.
NRS 293.204
Time for filing declaration or acceptance of candidacy for special election.
ELECTION
PRECINCTS
NRS 293.205
Establishment, abolishment, alteration and consolidation; boundaries.
NRS 293.206
Submission of maps to Secretary of State and Legislative Counsel Bureau;
determination of statutory compliance; revisions.
NRS 293.207
Establishment on basis of number of voters therein; maximum number of voters;
consolidation of precincts.
NRS 293.208
Limitations on creation, division, abolition, consolidation and alteration
during certain periods; exceptions.
NRS 293.209
Creation or change of election district during certain period in year of
general or general city election prohibited; annexation not prohibited during
year of election.
NRS 293.210
Establishment of new election precinct: Petition and conditions.
NRS 293.213
Mailing precincts; absent ballot mailing precincts.
ELECTION
BOARDS
NRS 293.217
Appointment of officers by county clerk; appointment of deputy sheriffs for
elections; appointment of trainees.
NRS 293.2175
Appointment of pupil as trainee: Qualifications; requirements; duties;
compensation.
NRS 293.218
Recommendations by chair of election board of persons for service on election
board.
NRS 293.219
Recommendations by political parties of persons for service on election board.
[Repealed.]
NRS 293.220
Delivery of notice of appointment to officer or trainee.
NRS 293.223
Notice of unwillingness to serve as officer or trainee; appointment of
replacement.
NRS 293.225
Continuing powers and duties of election boards; reserve officers of election
board; procedure for filling vacancies.
NRS 293.227
Designation of chair; duties; restrictions upon participation of trainees;
training; travel expenses for training.
NRS 293.230
Appointment of single central election board for mailing precincts.
NRS 293.235
Appointment and duties of absent ballot central counting board; no central
election board if absent ballot central counting board appointed.
NRS 293.243
Number of officers on absent ballot central counting board; appointment of
deputy sheriff; absent ballot central counting board under direction of county
clerk.
REGULATION
OF ELECTIONS
NRS 293.247
Regulations of Secretary of State for conduct of elections; interpretations;
distribution of information to county and city clerks.
NRS 293.250
Secretary of State to prescribe procedure for and requirements of a system for
registration of voters by computer and form of ballots, other documents and
papers; printed matter on ballots; authority of county clerks to divide paper
ballots and prescribe color for ballots and voting receipts.
STATEWIDE
MEASURES: PREPARATION OF ARGUMENTS; PUBLICATION
NRS 293.252
Appointment of committees to prepare arguments advocating and opposing approval
of constitutional amendments and statewide measures proposed by initiative or
referendum; duties of committees; Secretary of State required to reject libelous
or factually inaccurate statements; appeal.
NRS 293.253
Publication: Duties of Secretary of State and county clerk; costs.
VOTERS’
BILL OF RIGHTS
NRS 293.2549
Duties of Secretary of State and of county and city clerks.
BALLOTS
NRS 293.256
Names of candidates on ballots not to include title, designation of profession
or occupation.
NRS 293.2565
Use of given names, surnames and nicknames on ballot; use of additional
criteria to distinguish between candidates having same given names and
surnames.
NRS 293.257
Separate primary ballots; placement of candidates’ names; designation on
application to register to vote of affiliation with major political party
condition for registered voter to cast ballot for party at primary election.
NRS 293.260
Declaration of nominees: Omission and appearance of names on primary ballot;
appearance of names on general ballot.
NRS 293.262
Absent ballot or ballot voted in mailing precinct: Methods in which ballot is to
be voted.
NRS 293.263
Primary ballot for major political party: Form; names of candidates to be
grouped alphabetically; exception.
NRS 293.265
Nonpartisan primary ballot: Form; names of candidates to be grouped
alphabetically; exception.
NRS 293.267
Ballot for general election: Form; names of candidates to be grouped
alphabetically; exception; indication of party name, “independent” or
“nonpartisan” or abbreviations thereof; order of appearance of certain
statewide measures.
NRS 293.2673
Ballot to indicate date of election and at which election ballot will be used.
NRS 293.268
Order of listing offices, candidates and questions on ballots.
NRS 293.269
Ballots for statewide offices or President and Vice President must permit voter
to register opposition to all candidates.
NRS 293.2693
Voter education program to be provided in county or city using paper ballots.
VOTING
SYSTEMS GENERALLY
NRS 293.2696
General requirements for voting systems; duties of Secretary of State and of
county and city clerks.
NRS 293.2699
Voting systems used by counties and cities: Voting materials to be provided in
English and other languages in accordance with federal law.
VOTING
AT POLLS
NRS 293.270
Voting by printed ballot or other approved or authorized system; write-in
voting prohibited; exception.
NRS 293.272
Voting in person required at first election after valid registration for voter
who registered to vote by mail or computer; exceptions.
NRS 293.2725
Voter who registered to vote by mail or computer and has not previously voted
in election for federal office in Nevada: Prerequisites to voting at polling
place and to voting by mail; applicability of section; exceptions.
NRS 293.273
Time for opening and closing polls; duties of officers of election board.
NRS 293.2735
Establishment of polling place for precinct in residential development
exclusively for elderly persons.
NRS 293.2738
Polling place not to be established in any building named for candidate
appearing on ballot.
NRS 293.274
Members of general public allowed to observe conduct of voting at polling
place; photographing or otherwise recording conduct of voting by members of
general public prohibited.
NRS 293.275
Possession of election board register by election board required for
performance of board’s duties.
NRS 293.277
Conditions for entitlement of person to vote; forms of identification to identify
registered voter.
NRS 293.283
Identification of registered voter who is unable to sign name.
NRS 293.285
Election board officer in charge of register required to take voter’s
signature.
NRS 293.287
Announcement of name and political affiliation of registered voter; challenges;
nonpartisan ballot at primary election.
NRS 293.2955
Accessibility of polling place, ballot and election materials to persons who
are elderly and to persons with disabilities; provision of mechanical recording
device to record votes electronically; alternative placement of specially
equipped voting devices at central locations.
NRS 293.296
Assistance to voter who is physically disabled or unable to read or write
English.
NRS 293.297
Change of vote on certain mechanical recording devices.
NRS 293.301
Posting of alphabetical listing of registered voters at polling place; tearing
or defacing alphabetical listing prohibited; penalty.
NRS 293.302
Posting of notice of death of candidate at polling place.
NRS 293.3025
Posting of copies of certain other information and documents at polling place.
NRS 293.304
Voting by person successfully challenged on grounds of residency.
NRS 293.305
Closing of polls; admission of voters and other persons.
VOTING
BY PROVISIONAL BALLOT
NRS 293.3081
Casting of provisional ballot: General conditions; declaration or application.
NRS 293.3082
Casting of provisional ballot: Specific prerequisites; completion of written
affirmation; contents of affirmation; provision of receipt; notation on roster;
provisional ballot limited to purpose of voting for candidates for federal
offices.
NRS 293.3083
Casting of ballot by mail to vote for candidate for federal office; treatment
as provisional ballot under certain circumstances.
NRS 293.3084
County and city clerks to establish certain procedures relating to provisional
ballots.
NRS 293.3086
Free access system to provide information to voter casting provisional ballot.
ABSENT
BALLOT VOTING
NRS 293.309
Absent ballots: Preparation; reasonable accommodations for use by persons who
are elderly or disabled; time for distribution; ineffectiveness of legal
actions to prevent issuance.
NRS 293.3095
Distribution of forms to request absent ballots.
NRS 293.310
Request and receipt of absent ballot allows voting only by absent ballot;
exception; county clerk to notify election board if absent ballot issued.
NRS 293.313
Persons entitled to absent ballot; fraud or coercion in obtaining ballot
prohibited; penalty.
NRS 293.315
Limitation on time to apply for absent ballot; public inspection authorized;
issuance of absent ballot; immunity of county clerk.
NRS 293.3155
Use of special absent ballot by Armed Forces personnel and overseas citizens.
[Repealed.]
NRS 293.3157
Registered voter residing outside continental United States may request absent
ballot by approved electronic transmission; return of absent ballot; oath of
registered voter; regulations. [Repealed.]
NRS 293.316
Application for absent ballot because of illness, disability or absence:
Requirements; delivery of ballot; voting procedure.
NRS 293.3165
Application for absent ballot because of physical disability: Requirements;
voting procedure.
NRS 293.320
County clerk to determine if applicant for absent ballot is registered voter.
NRS 293.323
Delivery of absent ballot and voting supplies; return of absent ballot;
recordation of certain information by county clerk; regulations.
NRS 293.325
Duties of county clerk upon receipt of absent ballot from voter: Deposit of
voted ballot; delivery for counting.
NRS 293.330
Procedure for voting after requesting absent ballot; unlawful return of ballot;
penalty.
NRS 293.333
Procedure for depositing absent ballot in ballot box.
NRS 293.335
Empty envelopes and rejected ballots to be returned to county clerk.
NRS 293.340
Duty of county clerk to provide ballot box for each ballot listing if absent
ballot central counting board appointed; deposit of voted ballots.
VOTING
IN MAILING PRECINCTS
NRS 293.343
Eligibility of certain voters to vote by mail; effect of county clerk
designating precinct as mailing precinct; designation of polling place at which
voters entitled to vote in mailing precincts may vote in person.
NRS 293.345
Duty of county clerk to mail official mailing ballots to registered voters;
sample ballot for mailing precinct to include notice concerning polling place
where voters may vote in person if applicable.
NRS 293.350
Enrollment of eligible voter’s name; procedure for mailing of ballot and voting
supplies by county clerk.
NRS 293.353
Marking and return of mailing ballot by voter; voting in person after receipt
of mailing ballot; penalty.
NRS 293.355
Duties of county clerk upon receipt of envelope which contains mailing ballot.
EARLY
VOTING BY PERSONAL APPEARANCE
NRS 293.356
Issuance of ballot; location at which ballot must be voted.
NRS 293.3561
County clerk to establish criteria for selection of permanent and temporary
polling places for early voting by personal appearance.
NRS 293.3568
Period for early voting; hours for permanent polling places.
NRS 293.3572
Temporary branch polling places: Authority of county clerk to establish; hours
during which voting may be conducted; legal rights and remedies of property
owners or lessors not affected by presence of polling places.
NRS 293.3576
Schedule of locations and times for early voting.
NRS 293.3583
Mechanical recording devices: Preparation before polls open each day.
NRS 293.3604
Mechanical recording devices: Duties of election board at close of each voting
day; duties of ballot board for early voting and county clerk at close of last
voting day.
NRS 293.3606
Returns; secrecy of ballots; disseminating information about count of returns
before polls close prohibited; penalty.
NRS 293.3608
County clerk to ensure that mechanical recording devices used for early voting
provide record of number of votes; delivery of records and other items to
central counting place.
NRS 293.361
Electioneering prohibited near polling place; penalty.
RETURNS
AND CANVASS
NRS 293.3625
Record made by county clerk of receipt at central counting place of sealed
container used to transport official ballots.
NRS 293.363
Preparation by counting board to count paper ballots.
NRS 293.365
Accounting of all ballots required before count begun.
NRS 293.367
Rejection of ballot; regulations for counting ballots.
NRS 293.3673
Errors in information on certain form not grounds for rejection of absent
ballot.
NRS 293.368
Counting of votes cast for deceased candidate.
NRS 293.373
Duties of officers of counting board after ballots counted if paper ballots
used.
NRS 293.384
Initial withdrawal of absent ballots from ballot boxes; verification of proper
number of absent ballots; procedure for counting.
NRS 293.385
Withdrawal of absent ballots from ballot boxes after initial withdrawal;
verification of proper number and counting of absent ballots; reporting results
of count; disseminating information about count before polls close prohibited;
penalty.
NRS 293.388
Abstract of votes: Transmission to public libraries or posting upon website.
NRS 293.389
Inclusion of inactive voters in reports of votes prohibited.
NRS 293.391
Disposition and inspection of ballots, lists, records and stubs of voted
ballots after canvass by county commissioners.
NRS 293.393
Preparation of abstracts of votes cast at general election or other statewide
election; certificates of election.
NRS 293.395
Transmission of copy of certified abstract of votes and mechanized report to
Secretary of State; canvass of vote by justices of Supreme Court; Governor to
grant certificates of election and issue proclamations.
NRS 293.397
Prohibitions against withholding certificate of election or commission.
TIES,
RECOUNTS AND CONTESTS
NRS 293.400
Determination of winner if tie vote; recounts.
NRS 293.403
Recount of vote: Demand; advance deposit of costs.
NRS 293.404
Employment and duties of recount board; persons present; count of ballots;
recounts affecting more than one county; regulations.
NRS 293.405
Costs of recount; commencement and completion of recount; limitation on
additional recount.
NRS 293.407
Filing of written statement of contest with clerk of district court;
verification.
NRS 293.410
Dismissal of statement of contest; grounds for contest.
NRS 293.413
Time for filing statement of contest; precedence of election contest; referral
to special master.
NRS 293.415
Depositions in election contests; trial and submission of matter.
NRS 293.425
Contest of general election for office of State Legislator: Statement of
contest and other documents and materials to be filed with Secretary of State;
ability of contestant to amend statement of contest; list of witnesses;
depositions, investigation and presentation of evidence.
NRS 293.427
Contest of general election for office of State Legislator: Seating of
candidate with highest number of votes; withdrawal of statement of contest;
hearing and deciding of contest by appropriate house of Legislature;
certificates of election; remedy.
NRS 293.430
Contest of general election for office of Governor, Lieutenant Governor or
justice of Supreme Court: Filing of documents and other evidence with Secretary
of State; seating of candidate; duties of Secretary of State and Legislature;
withdrawal of contest.
NRS 293.433
Decision of contest for office of Governor, Lieutenant Governor or justice of
Supreme Court by Senate and Assembly in joint session.
NRS 293.435
Certificate of election delivered after decision.
ELECTION
EXPENSES
NRS 293.440
List of persons registered to vote in precinct, district or county:
Distribution of copies; contents; limitation on printing costs; request for and
use by committees of political parties; fees.
NRS 293.442
Election Account: Creation; deposit of money in Account; disposition of
interest and income; authority of Secretary of State to disburse, expend and
receive money; payment of claims.
NRS 293.445
Expenses for assistants to county or city clerk.
NRS 293.446
Compensation of officer of election board for delivery of election returns to
county or city clerk.
NRS 293.460
Compensation of officers of election board, deputy sheriffs and other
employees.
MISCELLANEOUS
PROVISIONS
NRS 293.462
Construction of containers used to transport official ballots.
NRS 293.463
Employees may absent themselves from employment to vote: Procedure; penalty.
NRS 293.464
Court-ordered extension of deadline for voting.
NRS 293.465
Loss or destruction of ballots, or other cause preventing election in precinct
or district; new election.
NRS 293.468
Secretary of State to provide election materials in usable format for persons
who are elderly or disabled.
NRS 293.4685
Certain additional duties of Secretary of State; county and city clerks to
provide information requested by Secretary of State.
NRS 293.4687
Website maintained by Secretary of State for public information relating to
elections; requirements.
NRS 293.4689
Website maintained by county clerk for public information relating to elections;
requirements.
NRS 293.469
County clerks encouraged to provide election information and materials in
usable format for persons who are elderly or disabled.
NRS 293.4695
County clerks required to collect and report certain information concerning
election processes; Secretary of State to solicit and collect voter comments
regarding election processes; report to Legislature.
NRS 293.471
Address of business that receives or distributes mail to be provided to county
clerk.
NRS 293.480
Limitation on inspection of ballots after return to county or city clerk.
NRS 293.481
Governing body of political subdivision, public or quasi-public corporation, or
other local agency submitting question to voters required to submit certain
documents and information to county and city clerks; fee to cover cost of
placing question and associated information on ballot.
NRS 293.4815
Transmission of question to be presented to voters to Secretary of State.
NRS 293.482
Advisory questions: Submission to voters by certain governmental entities;
prerequisites to placement on ballot; description of anticipated financial
effect; appearance on sample ballot; preparation of sample questions.
REGISTRATION
OF VOTERS; REGISTRARS
NRS 293.485
Qualification of voter: Citizenship, age and residence.
NRS 293.486
Determination of address at which voter actually resides.
NRS 293.490
Residence not lost upon removal from county or precinct.
NRS 293.493
Loss of residence upon removal to another state, territory or foreign country.
NRS 293.495
Presumption of intention to abandon residence.
NRS 293.500
Loss of residence upon removal from State with intention to remain elsewhere
for indefinite time.
NRS 293.5002
Registration of person with fictitious address: Form of application;
maintenance of application by Secretary of State and county clerk.
NRS 293.501
Use of form provided by Federal Government pursuant to federal Uniformed and
Overseas Citizens Absentee Voting Act. [Repealed.]
NRS 293.502
Registration of certain persons recently discharged from Armed Forces or
separated from employment outside of the United States; registration of spouses
and dependents of such persons.
NRS 293.503
County clerk is ex officio county registrar; custody of documents relating to
registration; official records of office of county clerk; maintenance of
records; time limitation on program to remove names of ineligible persons;
availability of records for public inspection; confidential information.
NRS 293.5035
Designation by county clerk of building owned or leased by county as county
facility at which electors may register to vote.
NRS 293.504
Voter registration agencies: Creation; duties; duty of Secretary of State to
cooperate with Secretary of Defense to allow persons to register at military
recruitment offices.
NRS 293.5045
Voter registration agencies: Prohibited acts; penalties.
NRS 293.505
Appointment, powers and duties of field registrars; prohibited acts of field
registrars, clerks, employees of voter registration agencies or persons
assisting voters; penalty.
NRS 293.5055
Registration of voter outside boundaries of county.
NRS 293.5057
Registration of nonresident to vote for office of President and Vice President.
NRS 293.506
County clerk authorized to establish system for registration of voters by
computer; requirements.
NRS 293.507
Forms for application to register to vote and affidavit concerning lack of
certain identification; requirements for forms; use of certain numbers to
identify voter; regulations.
NRS 293.508
Forms for application to register to vote must include option to receive sample
ballot in larger type.
NRS 293.509
County clerk authorized to provide form for application to register to vote
upon request; requirements for request; records to be kept by county clerk in
response to request.
NRS 293.510
Election board register; registrar of voters’ register.
NRS 293.511
Register kept by computer to include all information in original applications
to register to vote.
NRS 293.513
Elector may register for other elections despite closing of registration for
impending election.
NRS 293.517
Authorized methods of registration of elector; requirements for application; change
of name; issuance of voter registration card; objection to application to
register to vote by county clerk under certain circumstances.
NRS 293.518
Elector to indicate affiliation or nonaffiliation with political party at time
of voting; duties of county clerk or field registrar of voters in listing
elector’s affiliation or lack thereof; elector’s party to be listed as
“nonpartisan” if elector makes no indication.
NRS 293.520
Registration or reregistration of elector who is unable to sign name.
NRS 293.5235
Registration of voters by mail or computer; penalty; regulations.
NRS 293.5237
Registration of person at home by field registrar.
NRS 293.524
Registration at time of application for issuance or renewal of driver’s license
or identification card; use of forms submitted to Department of Motor Vehicles
to correct information in registrar of voters’ register; regulations.
NRS 293.525
Vote after residence changed but registration not transferred; affirmation by
elector; use of information regarding current address to correct registrar of
voters’ register.
NRS 293.527
Notice of cancellation of registration when elector moves to another county.
NRS 293.530
Correction of statewide voter registration list; authority of county clerk to
make investigations; county clerk to cancel registration of voter under certain
circumstances; maintenance of records regarding notices of cancellation;
designation of voter as inactive; regulations.
NRS 293.5303
Data concerning change of address of registered voter: Agreement with United
States Postal Service or other authorized person for use of data by county
clerk.
NRS 293.5307
Data concerning change of address of registered voter: Identification of
registered voter who has moved; notices to registered voter.
NRS 293.535
Cancellation of registration: Affidavit of person stating elector is not
citizen of United States or has abandoned residence in county; notice to
registrant.
NRS 293.537
Applications to register to vote of electors who have cancelled registration:
Preservation; microfilming; destruction; reinstatement if cancelled
erroneously.
NRS 293.540
Circumstances in which county clerk is required to cancel registration of
voter.
NRS 293.541
Additional circumstances in which county clerk is required to cancel
registration of voter; notice to voter; exception to notice requirement if
insufficient time exists before election; voting after execution of affidavit
of cancellation; separation of ballots.
NRS 293.542
Notification that registered voter has been adjudicated insane or mentally
incompetent by district court.
NRS 293.543
Reregistration after cancellation of registration.
NRS 293.548
Withdrawal of written challenge or affidavit.
NRS 293.550
Registration of electors enlisted or inducted into Armed Forces of the United
States: Appearance before county clerk or field registrar.
NRS 293.553
Registration of electors in service of United States or attending school.
NRS 293.555
Registration of spouse or dependent of elector who is in service of United
States.
NRS 293.558
Disclosure of identification numbers to public; county clerk prohibited from
disclosing social security number, driver’s license number or identification
card number; registered voter may request that address and telephone number be
withheld from public.
NRS 293.560
Close of registration; exception; office of county clerk to be open certain
hours during last days before registration closes; publication of day and time
registration closes; offices of county clerk, certain county facilities and ex
officio registrars allowed to be open on last Friday of October in
even-numbered years; elector required to register to vote in person during
certain period; hours of operation for county facility for voter registration.
NRS 293.563
Election board register of precinct or district: Preparation; delivery.
NRS 293.565
Sample ballots: Contents; mailing; printing of text of constitutional
amendments; notice of location of polling place; notice if location of polling
place changed; cost of mailing responsibility of political subdivision.
NRS 293.567
Number of registered voters in county to be transmitted by county clerk to
Secretary of State before primary and general elections.
STATEWIDE
VOTER REGISTRATION LIST
NRS 293.675
Establishment and maintenance of list; requirements pertaining to list; duties
of county and city clerks; cooperative agreement with Department of Motor
Vehicles; verification of information in conjunction with Social Security
Administration; agreements with state agencies to obtain information necessary
for list; information may be requested from or provided to chief election
officers of other states.
UNLAWFUL
ACTS AND PENALTIES
NRS 293.720
Suppression of or failure to file nomination paper by public officer.
NRS 293.730
Interfering with conduct of election; unauthorized delivery, receipt,
identification, display or removal of ballot.
NRS 293.740
Soliciting votes and electioneering inside polling place or within certain
distance from polling place prohibited; penalty.
NRS 293.750
Removal or destruction of election supplies or equipment.
NRS 293.755
Tampering or interfering with certain election equipment or computer programs
used to count ballots; report of violation to district attorney.
NRS 293.760
Alteration, defacement or removal of posted results of votes cast.
NRS 293.770
Refusal of person sworn by election board to answer questions.
NRS 293.790
Offer to vote by person whose vote has been rejected.
NRS 293.800
Acts concerning registration of voters; violations of laws governing elections;
crimes by public officers.
NRS 293.805
Compensation for registration of voters based upon number of voters or voters
of a particular party registered.
NRS 293.810
Registration in more than one county at one time.
NRS 293.820
Solicitation of contribution for political organization without prior approval
or charter.
_________
APPENDIX
JUDICIALLY
APPROVED PETITION DISTRICTS BASED ON 2010 CENSUS
GENERAL
PROVISIONS
NRS 293.042 “Contest” defined. “Contest” means an adversary proceeding
between a candidate for a public office who has received the greatest number
of votes been declared the winner(s) and any other candidate for that office
or, in certain cases, any registered voter of the appropriate political
subdivision, for the purpose of determining the validity of an election.
(Added to NRS by 1975,
935)
MAJOR
POLITICAL PARTIES
NRS 293.128 Procedure for qualification.
1. To qualify as a major political party, any organization must, under a
common name:
(a) On January 1 preceding any primary election, have been designated as a
political party on the applications to register to vote of at least 10 percent
of the total number of registered voters in this State; or
(b) File a petition with the Secretary of State not later than the last Friday
in February before any primary election signed by a number of registered voters
equal to or more than 10 percent of the total number of first choice
votes cast at the last preceding general election for the offices of
Representative in Congress Governor.
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the names
of the voters need not all be on one document, but each document of the
petition must be verified by the circulator thereof to the effect that the
signers are registered voters of this State according to the circulator’s best
information and belief and that the signatures are genuine and were signed in the
circulator’s presence. Each document of the petition must bear the name of a
county, and only registered voters of that county may sign the document. The
documents which are circulated for signature must then be submitted for
verification pursuant to NRS
293.1276 to 293.1279,
inclusive, not later than 25 working days before the last Friday in February
preceding a primary election.
3. In addition to the requirements set forth in subsection 1, each
organization which wishes to qualify as a political party must file with the
Secretary of State a certificate of existence which includes the:
(a) Name of the political party;
(b) Names and addresses of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person who is authorized by the party to act as registered
agent in this State.
4. A political party shall file with the Secretary of State an amended
certificate of existence within 5 days after any change in the information
contained in the certificate.
(Added to NRS by 1971, 433; A 1975, 936; 1979, 262; 1985, 1092; 1987, 1363;
1989, 221, 1727, 2158; 1995,
2258, 2623; 1997,
652; 1999,
3546; 2003,
1701; 2007,
2717; 2009,
1259)
5. Any political
party designated as a major political party will not be given preference for
its candidates on the ballot for any primary or general election for any state
elective office, for Representative in the United States House of
Representatives, or for United States Senator.
NRS 293.165 Procedure
for filling vacancy in major or minor political party nomination or nonpartisan
nomination.
1. Except as otherwise
provided in NRS 293.166, a vacancy occurring among the top three finishers in the primary and if the candidate
creating the vacancy is a member of either a major or minor political party, in a major or minor political party
nomination for a partisan office may be filled by a candidate designated by the party
central committee of the county or State, as the case may be, of the major
political party or by the executive committee of the minor political party
subject to the provisions of subsections 4 and 5.
2. A vacancy occurring in
a nonpartisan nomination after the close of filing and on or before 5 p.m. of
the second Tuesday in April must be filled by filing a nominating petition that
is signed by registered voters of the State, county, district or municipality
who may vote for the office in question. The number of registered voters who
sign the petition must not be less than 1 percent of first
choice votes of the
number of persons who voted for the office in question in the State, county,
district or municipality at the last preceding general election. The petition
must be filed not earlier than the first Tuesday in March and not later than
the fourth Tuesday in April. The petition may consist of more than one
document. Each document must bear the name of one county and must be signed
only by a person who is a registered voter of that county and who may vote for
the office in question. Each document of the petition must be submitted for
verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the
county named on the document. A candidate nominated pursuant to the provisions
of this subsection:
(a) Must file a
declaration of candidacy or acceptance of candidacy and pay the statutory
filing fee on or before the date the petition is filed; and
(b) May be elected only
at a general election, and the candidate’s name must not appear on the ballot
for a primary election. Will appear on either the primary and /
or general election ballot.
3. A vacancy occurring in
a nonpartisan nomination after 5 p.m. of the second Tuesday in April and on
or before 5 p.m. on the fourth Friday in June of the year in which the general
election is held must be filled by the person who receives the next highest
vote for the nomination in the primary.
4. No change may be made
on the ballot for the general election after 5 p.m. on the fourth Friday in
June of the year in which the general election is held. If a nominee dies after
that time and date, the nominee’s name must remain on the ballot for the
general election and, if elected, a vacancy exists.
5. All designations
provided for in this section must be filed on or before 5 p.m. on the fourth
Friday in June of the year in which the general election is held. In each case,
the statutory filing fee must be paid and an acceptance of the designation must
be filed on or before 5 p.m. on the date the designation is filed.
6. If the person creating the vacancy was
registered to vote with a preference of non-partisan, the person selected by
the county commissioners must also be registered to vote with a preference of
non-partisan.
(Added to NRS by 1960, 242; A 1965, 668; 1967, 845; 1971, 437; 1981, 1698;
1989, 2159; 1993,
2174; 1995,
2774; 1999,
2149, 3547; 2001,
274, 2947; 2003,
1703; 2005,
1432; 2009,
1259; 2011,
3275)
NRS 293.166 Procedure for filling vacancy in party
nomination for office of State Legislator from multicounty legislative district.
1. A vacancy occurring in
a party nomination among the top three finishers in the
primary and if the candidate creating the vacancy is a member of either a major
or minor political party, for the office of State Senator,
Assemblyman or Assemblywoman from a legislative district comprising more than
one county may be filled as follows, subject to the provisions of subsections 2
and 3. The county commissioners of each county, all or part of which is
included within the legislative district, shall meet to appoint a person who is
of the same political party as the former nominee and who actually, as opposed
to constructively, resides in the district to fill the vacancy, with the chair
of the board of county commissioners of the county whose population residing
within the district is the greatest presiding. Each board of county
commissioners shall first meet separately and determine the single candidate it
will nominate to fill the vacancy. Then, the boards shall meet jointly and the
chairs on behalf of the boards shall cast a proportionate number of votes
according to the percent, rounded to the nearest whole percent, which the
population of its county is of the population of the entire district.
Populations must be determined by the last decennial census or special census
conducted by the Bureau of the Census of the United States Department of
Commerce. The person who receives a plurality of these votes is appointed to
fill the vacancy. If no person receives a plurality of the votes, the boards of
county commissioners of the respective counties shall each as a group select
one candidate, and the nominee must be chosen by drawing lots among the persons
so selected. If the person creating the vacancy was registered to vote
with a preference of non-partisan, the person selected by the county
commissioners must also be registered to vote with a preference of non-partisan.
2. No change may be made
on the ballot after the fourth Friday in June of the year in which the general
election is held. If a nominee dies after that date, the nominee’s name must
remain on the ballot and, if elected, a vacancy exists.
3. The designation of a
nominee pursuant to this section must be filed with the Secretary of State on
or before 5 p.m. on the fourth Friday in June of the year in which the general
election is held, and the statutory filing fee must be paid with the
designation.
NRS 293.167 Nomination of party candidates for United States Senator or
Representative in Congress. Party Candidates
for United States Senator and Representative in Congress shall be nominated in
the same manner as state officers are nominated, except that the
provisions of NRS 293.3677(b) do not apply.
(Added to NRS by 1960, 242)
MINOR
POLITICAL PARTIES
NRS 293.171 Procedure for organization.
1. To be organized as a
minor political party, an organization must file with the Secretary of State a
certificate of existence which includes the:
(a) Name of the political
party;
(b) Names of its officers;
(c) Names of the members
of its executive committee; and
(d) Name of the person
authorized to file the list of its candidates for partisan office with the
Secretary of State.
2. A copy of the
constitution or bylaws of the party must be affixed to the certificate.
3. A minor political
party shall file with the Secretary of State an amended certificate of
existence within 5 days after any change in the information contained in the
certificate.
4. The constitution or
bylaws of a minor political party must provide a procedure for the nomination
of its candidates in such a manner that only one candidate may be nominated for
each office.
5. A minor political
party whose candidates for partisan office do not appear on the ballot for either the primary or
the general election must file a notice of
continued existence with the Secretary of State not later than the __________ preceding the primary election or the second Friday in August
preceding the general election.
6. A minor political
party which fails to file a notice of continued existence as required by
subsection 5 ceases to exist as a minor political party in this State.
7. Any political party designated as a minor political
party will not be given preference for its candidates on the ballot for any
primary or general election for any state elective office, for Representative
in the United States House of Representatives, or for United States Senator.
NRS 293.1715 Procedure to place candidates’ names on
ballot; limitation on number of candidates to appear on ballot.
1. The names of the
candidates for partisan office of a minor political party must not appear on
the ballot for a primary election.
2. The names of the
candidates for partisan office of a minor political party must be placed on the
ballot for the primary and if having received a number
of votes placing them among the top three finishers in the primary election,
the general election if the
minor political party is qualified. To qualify as a minor political party, the
minor political party must have filed a certificate of existence and be
organized pursuant to NRS 293.171, must have filed a list of its candidates for
partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:
(a) At the last preceding
general election, the minor political party must have polled for any of its
candidates for partisan office a number of votes equal to or more than 1 percent
of the total number of votes cast for the offices of Representative in
Congress;
(b) On January 1 preceding
a primary election, the minor political party must have been designated as the
political party on the applications to register to vote of at least 1 percent
of the total number of registered voters in this State; or
(c) Not later than the third
last Friday in May February preceding the general primary election, must file a petition with the
Secretary of State which is signed by a number of registered voters equal to at
least 1 percent of the total number of first choice votes cast at the last preceding general election for the
offices of Representative in Congress.office of Governor.
3. The name of only one
candidate of each minor political party for each partisan office may appear on
the ballot for a general election.
4. A minor political
party must file a copy of the petition required by paragraph (c) of subsection
2 with the Secretary of State before the petition may be circulated for
signatures.
NRS 293.1725 Candidates:
Submission of list to Secretary of State; filing of declaration of candidacy
and certificate of nomination.
1. Except as otherwise
provided in subsection 4, a minor political party that wishes to place its
candidates for partisan office on the ballot for a primary election and if among the top three finishers in the primary
election, the general election and:
(a) Is entitled to do so
pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715; or
(b) Files or will file a
petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715,
Ê must file with the Secretary of State a list of its
candidates for partisan office not earlier than the first Monday in March
preceding the election nor later than 5 p.m. on the second Friday after the
first Monday in March. The list must be signed by the person so authorized in the
certificate of existence of the minor political party before a notary public or
other person authorized to take acknowledgments. The list may be amended not
later than 5 p.m. on the second Friday after the first Monday in March.__________________
2. The Secretary of State
shall immediately forward a certified copy of the list of candidates for
partisan office of each minor political party to the filing officer with whom
each candidate must file his or her declaration of candidacy.
3. Each candidate on the
list must file his or her declaration of candidacy with the appropriate filing
officer and pay the fee required by NRS 293.193 not earlier than the date on
which the list of candidates for partisan office of the minor political party
is filed with the Secretary of State nor later than 5 p.m. on the second
Friday after the first Monday in March._________________
4. A minor political party that wishes to place candidates for the offices of
President and Vice President of the United States on the ballot and has
qualified to place the names of its candidates for partisan office on the
ballot for the general election pursuant to subsection 2 of NRS
293.1715 must file with the Secretary of State a certificate of
nomination for these offices not later than the first Tuesday in September.
NRS 293.174 Challenge
of qualification. If the qualification of a minor political party to place
the names of candidates on the ballot pursuant to NRS 293.1715 is challenged, all affidavits and
documents in support of the challenge must be filed not later than 5 p.m. on
the third Friday in June. Any judicial proceeding resulting from the challenge
must be set for hearing not more than 5 days after the third Friday in June. A
challenge pursuant to this section must be filed with the First Judicial
District Court if the petition was filed with the Secretary of State.
NOMINATIONS
NRS 293.175 Date of primary election; nomination of
candidates; applicability of provisions governing nominations.
1. The primary election must be held on the second Tuesday in June of each
even-numbered year.
2. The top three candidates for partisan office of a major political
party and top three candidates for nonpartisan office must
be nominated selected by the voters at the primary election unless section NRS
293.260.3 applies.
3. Candidates for
partisan office of a minor political party must be nominated in the manner
prescribed pursuant to NRS 293.171 to 293.174, inclusive.
4. Independent candidates
for partisan office must be nominated in the manner provided in NRS
293.200.
(a) Special elections
to fill vacancies.
(b) The nomination of the
officers of incorporated cities.
(c) The nomination of
district officers whose nomination is otherwise provided for by statute.
(Added to NRS by 1960, 243; A 1963, 1387; 1983, 1116; 1985, 268; 1987, 1366;
1989, 226; 1999,
1392, 3550; 2001,
672; 2005,
1434; 2009,
1262)
NRS 293.176 When candidacy for major
political party prohibited; exception.
1. Except as otherwise provided
in subsection 2, no person may be a candidate of a major political party
for partisan office in any election if the person has changed:
(a) The designation of his
or her political party affiliation; or
(b) His or her designation
of political party from nonpartisan to a designation of a political party
affiliation,
Ê on an application to register to vote in the State
of Nevada or in any other state during the time beginning on December 31
preceding the closing filing date for that election and ending on the date of
that election whether or not the person’s previous registration was still
effective at the time of the change in party designation.
2. The provisions of
subsection 1 do not apply to any person who is a candidate of a political party
that is not organized pursuant to NRS 293.171 on the December 31 next preceding
the closing filing date for the election.
(Added to NRS by 1963, 1373; A 1971, 1551; 1979, 491; 1987, 690; 1989,
2161; 1995,
75, 2259, 2775; 1997,
1607; 1999,
3551; 2001,
2947; 2005,
1434; 2011,
3280)
NRS 293.177 Declaration
or acceptance of candidacy: Filing required before name may be printed on ballot;
forms; contents; address of candidate; retention of proof of identity and
residency; appointment of agent for service of process; investigation and
disqualification of candidate who has been convicted of felony and has not had
civil rights restored.
1. Except as otherwise provided in NRS
293.165, a name may not be printed on a ballot to be used at a primary
election unless the person named has filed a declaration of candidacy or an
acceptance of candidacy, and has paid the fee required byNRS
293.193 not earlier than:
(a) For a candidate for judicial office, the first Monday in January of the year
in which the election is to be held nor later than 5 p.m. on the second Friday
after the first Monday in January; and
(b) For all other candidates, the first Monday in March of the year in which
the election is to be held nor later than 5 p.m. on the second Friday after the
first Monday in March.
2. A declaration of candidacy or an acceptance of candidacy required to be
filed by this section must be in substantially the following form:
(a) For partisan office:
DECLARATION OF
CANDIDACY OF ........ FOR THE
OFFICE OF
................
State of Nevada
County of
................................
For the purpose of having my name placed on the official
ballot as a candidate for the ................ Party nomination for the
office of ………, I, the undersigned …….., do swear or affirm under penalty of
perjury that I actually, as opposed to constructively, reside at ………., in the
City or Town of ……., County of ………., State of Nevada; that my actual, as
opposed to constructive, residence in the State, district, county, township,
city or other area prescribed by law to which the office pertains began on a
date at least 30 days immediately preceding the date of the close of filing of
declarations of candidacy for this office; that my telephone number is
............, and the address at which I receive mail, if different than my
residence, is .........; that I am registered as a member of the
................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State
of Nevada; that if I have ever been convicted of treason or a felony, my civil
rights have been restored by a court of competent jurisdiction; that I have
not, in violation of the provisions of NRS 293.176, changed the designation of my
political party or political party affiliation on an official application to
register to vote in any state since December 31 before the closing filing date
for this election; that I generally believe in and intend to support the
concepts found in the principles and policies of that political party in the
coming election; that if nominated as a candidate of the ................
Party If I receive a qualifying number of votes to be among the
top three finishers at the ensuing election, I will accept
that nomination and not withdraw; that I will not knowingly violate any
election law or any law defining and prohibiting corrupt and fraudulent
practices in campaigns and elections in this State; that I will qualify for the
office if elected thereto, including, but not limited to, complying with any
limitation prescribed by the Constitution and laws of this State concerning the
number of years or terms for which a person may hold the office; and that I
understand that my name will appear on all ballots as designated in this
declaration along with my self-designated political
affiliation designation if I so chose.
...............................................................................
(Designation of name)
...............................................................................
(Signature of candidate for office)
Subscribed and sworn to
before me
this ...... day of the
month of ...... of the year ......
...............................................................................
Notary Public or other person
authorized to administer an oath
NRS 293.180 Certificates
of candidacy: Requirements; filing; acceptance of candidacy.
1. Ten or more registered
voters may file a certificate of candidacy designating any registered voter as
a candidate for:
(a) Their major
political party’s Nomination for any partisan elective office from a major or minor political party, or as a candidate for nomination for any nonpartisan
office other than a judicial office, not earlier than the first Monday in
February of the year in which the election is to be held nor later than 5 p.m.
on the first Friday in March; or
(b) Nomination for a
judicial office, not earlier than the first Monday in December of the year
immediately preceding the year in which the election is to be held nor later
than 5 p.m. on the first Friday in January of the year in which the election is
to be held.
2. When the certificate
has been filed, the officer in whose office it is filed shall notify the person
named in the certificate. If the person named in the certificate files an
acceptance of candidacy and pays the required fee, as provided by law, he or
she is a candidate in the primary election in like manner as if he or she had
filed a declaration of candidacy.
3. If a certificate of
candidacy relates to a partisan office, all of the signers must be of the same major
political party as the candidate designated.
4. Nothing in this statute prevents a major or minor political party
from designating a preferred candidate, either through party caucus, central
committee action, or any other method specified in party rules provided the
method used does not impact the cost of holding elections to any county in the
state of Nevada or the state of Nevada.
(Added to NRS by 1960, 244; A 1963, 1387; 1971, 439; 1983, 1117; 1987, 1366;
1989, 226, 1729; 2007,
215; 2009,
1265)
NRS 293.200 Independent candidates: Qualification; petition of candidacy;
time limit for challenge; declaration of candidacy.
1. An independent candidate for partisan office must file
with the appropriate filing officer:
(a) A copy of the petition
of candidacy that he or she intends to subsequently circulate for signatures.
The copy must be filed not earlier than the January 2 ______preceding
the date of the primary election and not later than 25 working
days before the last day to file the petition pursuant to subsection 4.
(b) Either of the
following:
(1) A petition of candidacy signed by a number of registered voters equal to at
least 1 percent of the total number of first choice ballots cast in:
(I) This State for that office at the last preceding general election in which
a person was elected to that office, if the office is a statewide office;
(II) The county for that office at the last preceding general election in which
a person was elected to that office, if the office is a county office; or
(III) The district for that office at the last preceding general election in
which a person was elected to that office, if the office is a district office.
(2) A petition of candidacy signed by 250 registered voters if the candidate is
a candidate for statewide office, or signed by 100 registered voters if the
candidate is a candidate for any office other than a statewide office.
2. The petition may
consist of more than one document. Each document must bear the name of the
county in which it was circulated, and only registered voters of that county
may sign the document. If the office is not a statewide office, only the
registered voters of the county, district or municipality in question may sign
the document. The documents that are circulated for signature in a county must
be submitted to that county clerk for verification in the manner prescribed
in NRS 293.1276 to293.1279, inclusive, not later than 25 working
days before the last day to file the petition pursuant to subsection 4. Each
person who signs the petition shall add to his or her signature the address of
the place at which the person actually resides, the date that he or she signs
the petition and the name of the county where he or she is registered to vote.
The person who circulates each document of the petition shall sign an affidavit
attesting that the signatures on the document are genuine to the best of his or
her knowledge and belief and were signed in his or her presence by persons
registered to vote in that county.
3. The petition of
candidacy may state the principle, if any, which the person qualified
represents.
4. Petitions of candidacy
must be filed not earlier than the first Monday in March ____preceding
the general primary election and not later than 5 p.m. on the second
Friday after the first Monday in March.______
5. No petition of
candidacy may contain the name of more than one candidate for each office to be
filled.
6. A person may not file
as an independent candidate if he or she is proposing to run as the candidate
of a political party.
7. The names of independent
candidates must be placed on the general election ballot and must not appear
on the primary election ballot.
8. If the candidacy of
any person seeking to qualify pursuant to this section is challenged, all
affidavits and documents in support of the challenge must be filed not later
than 5 p.m. on the fourth Monday in March. _______Any judicial proceeding resulting from
the challenge must be set for hearing not more than 5 days after the fourth
Monday in March.________
9. Any challenge pursuant
to subsection 8 must be filed with:
(a) The First Judicial
District Court if the petition of candidacy was filed with the Secretary of
State.
(b) The district court for
the county where the petition of candidacy was filed if the petition was filed
with a county clerk.
10. An independent candidate
for partisan office must file a declaration of candidacy with the appropriate
filing officer and pay the fee required by NRS 293.193 not earlier than the first
Monday in March ______of the year in which the election is
held nor later than 5 p.m. on the second Friday after the first Monday in March.______
(Added to NRS by 1960, 245; A 1961, 286; 1963, 1387; 1971, 440, 1122; 1975,
936; 1979, 403; 1983, 1118; 1987, 1367; 1989, 2164; 1993,
2668; 1997,
316; 1999,
1392, 2154, 3551; 2001,
149, 154; 2003,
1645, 1704; 2009,
1266)
NRS 293.203 Contents
and publication of notice of primary or general election. Immediately upon receipt by the county
clerk of the certified list of candidates from the Secretary of State, the
county clerk shall publish a notice of primary election or general election in
a newspaper of general circulation in the county once a week for 2 successive
weeks. If no such newspaper is published in the county, the publication may be
made in a newspaper of general circulation published in the nearest Nevada
county. The notice must contain:
1. The date of the
election.
2. The location of the
polling places.
3. The hours during which
the polling places will be open for voting.
4. The names of the
candidates.
5. A list of the offices
to which the candidates seek nomination or election.
6 Party affiliation
or status as a registered non-partisan may only be listed if preceded by the
words “self-designated political affiliation preference”. Candidates may opt to
not include their self-designated political affiliation preference. This
statement is for voter information only and does not indicate the named
political party has officially nominated or endorsed the candidate.
Ê The notice required for a general election pursuant
to this section may be published in conjunction with the notice required for a
proposed constitution, constitutional amendment or statewide measure pursuant
to NRS 293.253. If the notices are combined in this
manner, they must be published three times in accordance with subsection 3 of NRS 293.253.
BALLOTS
NRS 293.256 Names of candidates on ballots not to include title, designation of
profession or occupation. In any election regulated by this chapter, the names of
candidates as printed on the ballot shall not include any title, designation or
other reference which will indicate the profession or occupation of such candidates. Party affiliation or status as a registered non-partisan may only be
listed if preceded by the words “self-designated political affiliation preference”.
Candidates may opt to not include their self-designated political affiliation preference.
This statement is for voter information only and does not indicate the named political
party has officially nominated or endorsed the candidate.
.
NRS 293.2565 Use of given names, surnames and nicknames
on ballot; use of additional criteria to distinguish between candidates having
same given names and surnames.
1. Except as otherwise provided in subsection 2, in any election regulated by
this chapter, the name of a candidate printed on a ballot may be the given name
and surname of the candidate or a contraction or familiar form of his or her
given name followed by his or her surname. A nickname of not more than 10
letters may be incorporated into the name of a candidate. The nickname must be
in quotation marks and appear immediately before the surname of the candidate.
A nickname must not indicate any political, economic, social or religious view
or affiliation and must not be the name of any person, living or dead, whose
reputation is known on a statewide, nationwide or worldwide basis, or in any
other manner deceive a voter regarding the person or principles for which he or
she is voting.
2. In any election regulated by this chapter, if two or more candidates have
the same given name and surname and:
(a) None of the
candidates is an incumbent, The middle names or middle initials, if
any, of the candidates must be included in the names of the candidates; or
(b) One of the candidates
is an incumbent, the name of the incumbent must be listed first and the word
“Incumbent” must appear next to the name of the candidate who is the incumbent.
NRS 293.257 Separate Primary ballots; placement of candidates’ names; designation
on application to register to vote of affiliation with major political party
condition for registered voter to cast ballot for party at primary election.
1. There must be a
separate primary ballot for each major political party. The names of candidates
for partisan offices who have designated a major political party in the
declaration of candidacy or acceptance of candidacy must appear on the primary
ballot of the major political party designated.
The names of all
candidates, whether affiliated with a major political party, a minor political
party, or status as a registered non-partisan, for each partisan office, shall
appear on the same ballot. Candidates will be listed by office sought in random
order. The name of the office and the length of term of office will be listed
above the names of the candidates for each office. Party affiliation or status
as a non-partisan may only be listed if preceded by the words “self-designated
political affiliation preference”. Candidates may opt to not include their
self-designated political affiliation preference. This statement is for voter
information only and does not indicate the named political party has officially
nominated or endorsed the candidate.
.2. The county clerk may choose to place
the names of candidates for nonpartisan offices on the same ballot ballots for each major political party or on a separate nonpartisan primary ballot, but the
arrangement which the county clerk selects must permit all registered voters to
vote on them.
3. A registered voter may
cast a primary ballot for a major political party at a primary election only if
the registered voter designated on his or her application to register to vote
an affiliation with that major political party.
3. All registered
voters, regardless of party registration or affiliation or registration as non-partisan,
will be allowed to vote for all partisan and non-partisan office nominations.
(Added to NRS by 1960, 250; A 1963, 1388; 1965, 652; 1967, 847; 1971, 442;
1977, 243; 1979, 264; 1989, 227; 2011,
3280)
NRS 293.260 Declaration
of nominees: Omission and appearance of names on primary ballot; appearance of
names on general ballot.
1. Where there is no contest of election for nomination to a particular
office, neither the title of the office nor the name of the candidate may
appear on the ballot.
2. If more than one major
political party has candidates for a particular office, the persons who receive
the highest number of votes at the primary elections must be declared the
nominees of those parties for the office.
2. If there are more
than three candidates, whether affiliated with a major political party, a minor
political party, or registered non-partisan for any partisan or non-partisan
office, the candidates receiving the three highest vote totals will be declared
as the nominees and placed on the general election ballot.
3. If only one major
political party has candidates for a particular office and a minor political
party has nominated a candidate for the office or an independent candidate has
filed for the office, the candidate who receives the highest number of votes in
the primary election of the major political party must be declared the nominee
of that party and his or her name must be placed on the general election ballot
with the name of the nominee of the minor political party for the office and
the name of the independent candidate who has filed for the office.
3. If there are three
or less candidates, whether affiliated with a major political party, a minor
political party, or registered non-partisan, for any partisan or non-partisan
office, those candidates will not appear on the primary ballot. They will be
considered as nominated and placed on the general election ballot.
4. If only one major
political party has candidates for a particular office and no minor political
party has nominated a candidate for the office and no independent candidate has
filed for the office:
(a) If there are more
candidates than twice the number to be elected to the office, the names of the
candidates must appear on the ballot for a primary election. Except as
otherwise provided in this paragraph, the candidates of that party who receive
the highest number of votes in the primary election, not to exceed twice the
number to be elected to that office at the general election, must be declared
the nominees for the office. If only one candidate is to be elected to the
office and a candidate receives a majority of the votes in the primary election
for that office, that candidate must be declared the nominee for that office
and his or her name must be placed on the ballot for the general election.
(b) If there are no more
than twice the number of candidates to be elected to the office, the candidates
must, without a primary election, be declared the nominees for the office.
4. If the number of
candidates for any partisan or non-partisan office is equal to or less than the
number of candidates to be elected to a particular office in the general
election, that candidate or candidates will be considered to be elected to the
office so long as they receive at least one vote in the primary election. If a
candidate is elected subject to this sub-section, the office nor their name(s)
will not be placed on the general election ballot.
5. Where no more than the
number of candidates to be elected have filed for nomination for:
(a) Any partisan office or
the office of justice of the Supreme Court, the names of those candidates must
be omitted from all ballots for a primary election and placed on all ballots
for a general election;
(b) Any nonpartisan
office, other than the office of justice of the Supreme Court or the office of
member of a town advisory board, the names of those candidates must appear on
the ballot for a primary election unless the candidates were nominated pursuant
to subsection 2 of NRS 293.165. If a candidate receives one or more
votes at the primary election, the candidate must be declared elected to the
office and his or her name must not be placed on the ballot for the general
election. If a candidate does not receive one or more votes at the primary
election, his or her name must be placed on the ballot for the general
election; and
(c) The office of member
of a town advisory board, the candidate must be declared elected to the office
and no election must be held for that office.
6. If there are more
candidates than twice the number to be elected to a nonpartisan office, the
names of the candidates must appear on the ballot for a primary election. Those
candidates who receive the highest number of votes at that election, not to
exceed twice the number to be elected, must be declared nominees for the
office.
(Added to NRS by 1960, 251; A 1963, 1388; 1979, 264; 1987, 339; 1989,
227; 1997,
94, 757, 770, 3453; 2003,
869; 2007,
2586)
NRS 293.262 Absent ballot or ballot voted in mailing
precinct: Methods in which ballot is to be voted. An
absent ballot or a ballot voted by a voter who resides in a mailing precinct
must be voted:
1. On a paper ballot; or
2. By any other system authorized by state or federal law.
NRS 293.263 Primary
ballot for major political party: Form; names of candidates to be grouped
alphabetically; exception. On the primary ballots for a major political party, the
name of the major political party must appear at the top of the ballot. Except
as otherwise provided in NRS 293.2565, following this designation must
appear the names of candidates grouped alphabetically under the title and
length of term of the partisan office for which those candidates filed.
(Added to NRS by 1960, 251; A 1965, 652; 1967, 847; 1971, 442; 1979, 265; 1989,
227; 2003,
1717)
NRS 293.265 Nonpartisan
primary ballot: Form; names of candidates to be grouped alphabetically; Randomly exception. On nonpartisan primary ballots, there must appear at the
top of the ballot the designation “Nonpartisan Offices.” Except as otherwise
provided in NRS 293.2565, following this designation must
appear the names of candidates grouped alphabetically randomly under the title and length of term of the nonpartisan
office for which those candidates filed.
(Added to NRS by 1960, 251; A 1961, 288; 1963, 1388; 1965, 652; 1967, 847;
1979, 265; 2003,
1717; 2007,
2587)
NRS 293.267 Ballot
for general election: Form; names of candidates to be grouped alphabetically;
exception; indication of party name, “independent” or “nonpartisan” or
abbreviations thereof; order of appearance of certain statewide measures.
1. Ballots for a general
election must contain:
(a) the names of the three candidates
who received the three highest vote totals for
each office were
nominated at the
primary election, the names of the candidates of a minor political party and
the names of independent candidates.
(b) A space for each voter to mark
their first and second choice of the three candidates nominated for each office. As applicable, “none of these
candidates” shall be available as one choice.
2. Except as otherwise
provided in NRS 293.2565, names of candidates must be
grouped alphabetically will be listed in random order under the title and length of term of
the office for which those candidates filed.
3. Except as otherwise
provided in subsection 4:
(a) Immediately following
the name of each candidate for a partisan office must appear the name or
abbreviation of his or her political party, the word “independent” or the
abbreviation “IND,” as the case may be.
(b) Immediately following
the name of each candidate for a nonpartisan office must appear the word
“nonpartisan” or the abbreviation “NP.”
4. Where a system of
voting other than by paper ballot is used, the Secretary of State may provide
for any placement of the name or abbreviation of the political party, the word
“independent” or “nonpartisan” or the abbreviation “IND” or “NP,” as
appropriate, which clearly relates the designation to the name of the candidate
to whom it applies.
Except for the header
“Partisan Office” “Non-Partisan Office”, party affiliation or status as a registered
non-partisan may only be listed if preceded by the words “self-designated political
affiliation preference”. Candidates may opt to not include their
self-designated political affiliation preference. This statement is for voter
information only and does not indicate the named political party has officially
nominated or endorsed the candidate.
5. If the Legislature
rejects a statewide measure proposed by initiative and proposes a different
measure on the same subject which the Governor approves, the measure proposed
by the Legislature and approved by the Governor must be listed on the ballot
before the statewide measure proposed by initiative. Each ballot and sample
ballot upon which the measures appear must contain a statement that reads
substantially as follows:
The following questions are alternative approaches to the same issue, and only
one approach may be enacted into law. Please vote for only one.
(Added to NRS by 1960, 251; A 1963, 1389; 1965, 653; 1967, 847; 1969, 137;
1979, 265; 1987, 339; 1989, 2165; 1997,
3454; 2003,
1718; 2011,
3069)
NRS 293.2693 Voter education program to be
provided in county or city using paper ballots.
1. If a county or city uses paper
ballots, including, without limitation, for absent ballots and ballots voted in
a mailing precinct, the county or city clerk shall provide a voter education
program specific to the voting system used by the county or city. The voter
education program must include, without limitation, information concerning the
effect of overvoting and the procedures for correcting a vote on a ballot before
it is cast and counted and for obtaining a replacement ballot.
2. Upon adoption of the
Nevada Election Modernization and Reform Act, each county in the state will
provide an educational program prior to the primary election for the first two
primary elections following implementation. The Registrar of Voters or County
Clerk of each county will determine the best method for conducting such
training within their county.
NRS 293.287 Announcement of
name and political affiliation of registered voter; challenges; nonpartisan
ballot at primary election.
1. A registered voter
applying to vote at any primary election shall give his or her name and
political affiliation, if any, to the election board officer in charge of the election
board register, and the officer shall immediately announce the name and
political affiliation.
2. Any person’s right to
vote may be challenged by any registered voter upon:
(a) Any of the grounds
allowed for a challenge in NRS 293.303;
(b) The ground that the
person applying does not belong to the political party designated upon the
register; or
(c) The ground that the
register does not show that the person designated the political party to which
he or she claims to belong.
3. Any such challenge
must be disposed of in the manner provided by NRS 293.303.
4. A registered voter
who has designated on his or her application to register to vote an affiliation
with a minor political party may vote a nonpartisan ballot at the primary
election.
1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct upon the ground that he or
she is not the person entitled to vote as claimed or has voted before at the
same election. A registered voter who initiates a challenge pursuant to this
paragraph must submit an affirmation that is signed under penalty of perjury
and in the form prescribed by the Secretary of State stating that the challenge
is based on the personal knowledge of the registered voter.
(b) On any ground set forth in a challenge filed with the county clerk pursuant
to the provisions of NRS
293.547.
2. If a person is challenged, an election board officer shall tender the
challenged person the following oath or affirmation:
(a) If the challenge is on
the ground that the challenged person does not belong to the political party
designated upon the register, “I swear or affirm under penalty of perjury that
I belong to the political party designated upon the register”;
(b) If the challenge is on
the ground that the register does not show that the challenged person
designated the political party to which he or she claims to belong, “I swear or
affirm under penalty of perjury that I designated on the application to
register to vote the political party to which I claim to belong”;
(c) If the challenge is on the ground that the challenged person does not reside
at the residence for which the address is listed in the election board
register, “I swear or affirm under penalty of perjury that I reside at the
residence for which the address is listed in the election board register”;
(d) If the challenge is on the ground that the challenged person previously
voted a ballot for the election, “I swear or affirm under penalty of perjury
that I have not voted for any of the candidates or questions included on this
ballot for this election”; or
(e) If the challenge is on the ground that the challenged person is not the
person he or she claims to be, “I swear or affirm under penalty of perjury that
I am the person whose name is in this election board register.”
Ê The
oath or affirmation must be set forth on a form prepared by the Secretary of
State and signed by the challenged person under penalty of perjury.
3. Except as otherwise provided in subsection 4, if the challenged person
refuses to execute the oath or affirmation so tendered, he or she must not be
issued a ballot, and the officer in charge of the election board register shall
write the words “Challenged ................” opposite his or her name in the
election board register.
4. If the challenged
person refuses to execute the oath or affirmation set forth in paragraph (a) or
(b) of subsection 2, the election board officers shall issue the person a
nonpartisan ballot.
5. If the challenged person refuses to execute the oath or affirmation set
forth in paragraph (c)
of subsection 2, the election board officers shall inform the person that he or
she is entitled to vote only in the manner prescribed in NRS
293.304.
6. If the challenged
person executes the oath or affirmation and the challenge is not based on the
ground set forth in paragraph (e) of subsection 2, the election board officers
shall issue the person a partisan ballot.
7. If the challenge is based on the ground set forth in paragraph (c) of
subsection 2, and the challenged person executes the oath or affirmation, the
election board shall not issue the person a ballot until he or she furnishes
satisfactory identification which contains proof of the address at which the
person actually resides. For the purposes of this subsection, a voter
registration card issued pursuant to NRS
293.517 does not provide proof of the address at which a person
resides.
8. If the challenge is based on the ground set forth in paragraph (e) of
subsection 2 and the challenged person executes the oath or affirmation, the
election board shall not issue the person a ballot unless the person:
(a) Furnishes official identification which contains a photograph of the
person, such as a driver’s license or other official document; or
(b) Brings before the election board officers a person who is at least 18 years
of age who:
(1) Furnishes official identification which contains a photograph of that
person, such as a driver’s license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the
challenged person is who he or she swears to be.
9. The election board officers shall:
(a) Record on the challenge list:
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the challenge; and
(3) The result of the challenge; and
(b) If possible, orally notify the registered voter who initiated the challenge
of the result of the challenge.
(Added to NRS by 1960, 255; A 1977, 244; 1983, 1287; 1985, 560; 1987,
340; 1991,
1682; 1993,
2182; 1995,
2264; 1997,
759; 2001,
1949, 2948; 2003,
200, 210; 2007,
1152, 2588)
NRS 293.3677 Standards for counting votes;
regulations.
1. When counting a vote
in an election, if more choices than permitted by the instructions for a ballot
are marked for any office or question, the vote for that office or question may
not be counted.
2. Except as otherwise
provided in subsection 1, in an election in which a mechanical voting system is
used whereby a vote is cast by darkening a designated space on the ballot:
(a) A vote must be counted
if the designated space is darkened or there is a writing in the designated space,
including, without limitation, a cross or check; and
(b) Except as otherwise
provided in paragraph (a), a writing or other mark on the ballot, including,
without limitation, a cross, check, tear or scratch may not be counted as a
vote.
3. The Secretary of
State:
(a) May adopt regulations
establishing additional uniform, statewide standards, not inconsistent with
this section, for counting a vote cast by a method of voting described in
subsection 2; and
(b) Shall adopt regulations
establishing uniform, statewide standards for counting a vote cast by each
method of voting used in this State that is not described in subsection 2,
including, without limitation, a vote cast on a mechanical recording device
which directly records the votes electronically.
4. Counting votes;
top three primary and ranked (instant runoff) general election
(a) Upon completion of counting all votes
cast in a primary election, except as provided in NRS 293.260 subpart 4, the
candidates receiving the three highest total votes for each partisan and
non-partisan office will be declared nominated and be entered on the general
election ballot.
(b) If a candidate
for any particular office receives at least 50% +1 of the total votes cast for
that office in the primary, that candidate will be declared elected to that
office and the office will not be contested in the general election.
(b)Upon completion of
counting all votes cast in the general election, except as provided in NRS
293.260 subpart 4:
(1) If a candidate receives first choice votes
totaling at least 50% +1 of the total first choice votes cast for the office
for which the candidate was nominated, that candidate will be declared elected
to that office.
(2) If no candidate
receives at least 50% +1 of the total first choice votes cast for the office
for which the candidate was nominated:
(a) The candidate that received the lowest
total of first choice votes will be considered to have lost and is eliminated
from the runoff.
(b) The second choice
votes of those voters who cast first choice votes for the candidate eliminated
under subpart (2)(a) above will be allocated to the remaining candidates
according to the second choice indicated on the ballot of the voter who cast a
first choice vote for the eliminated candidate and included in the total votes
received of the remaining two candidates.
(c) Following
allocation of the second choice votes, the candidate with the highest number of
total votes will be declared elected to that office.
NRS 293.368 Counting of votes cast for deceased
candidate.
1. Whenever a candidate whose name appears upon the ballot at a primary
election dies after 5 p.m. of the second Tuesday in April, the deceased
candidate’s name must remain on the ballot and the votes cast for the deceased
candidate must be counted in determining the nomination for the office for
which the decedent was a candidate.
2. If the deceased candidate on the ballot at the primary election receives
the number of votes required to receive the nomination to the office for which
he or she was a candidate, except as otherwise provided in subsection 3
of NRS
293.165, the deceased candidate shall be deemed nominated and the vacancy
in the nomination must be filled as provided in NRS
293.165 or 293.166.
If the deceased person was a candidate for a nonpartisan office, the nomination
must be filled pursuant to subsection 2 of NRS
293.165.
3. Whenever a candidate whose name appears upon the ballot at a general
election dies after 5 p.m. on the fourth Friday in June of the year in which
the general election is held, the votes cast for the deceased candidate must be
counted in determining the results of the election for the office for which the
decedent was a candidate.
4. If the
deceased candidate on the ballot at the general election receives the
majority of the votes cast for the office, is elected as described in NRS 293-3677 subpart 4(b), the deceased candidate shall be deemed
elected and the office to which he or she was elected shall be deemed vacant at
the beginning of the term for which he or she was elected. The vacancy thus
created must be filled in the same manner as if the candidate had died after taking
office for that term.
NRS 293.370 Procedure
for completion of tally lists.
1. When all the votes
have been counted, the counting board officers shall enter on the tally lists
by the name of each candidate the number of votes the candidate received. The
vote for and against any question submitted to the electors must be entered in
the same manner.
2. The tally lists must
show the number of votes, other than absentee votes and votes in a mailing
precinct, which each candidate received in each precinct at:
(a) A primary election
held in an even-numbered year; or
(b) A general election including first and second choice votes.
NRS 293.393 Preparation of abstracts of votes cast at
general election or other statewide election; certificates of election.
1. On or before the sixth working day after any general election or any other
election at which votes are cast for any United States Senator, Representative
in Congress, member of the Legislature or any state officer who is elected
statewide, the board of county commissioners shall open the returns of votes
cast and make abstracts of the votes.
2. Abstracts of votes must be prepared in the manner prescribed by the
Secretary of State by regulation.
3. The county clerk shall
make out a certificate of election to each of the persons having the highest
number of votes for the district, county and township offices as prescribed in NRS 293.3677 subpart 4(b).
4. Each certificate must be delivered to the person elected upon application
at the office of the county clerk.
(Added to NRS by 1960, 262; A 1961, 292; 1963, 1375; 1965 Special Session, 4;
1971, 1415; 1987, 350; 1989, 1666; 1997,
3464; 2007,
621)
NRS 293.395 Transmission of copy of certified abstract
of votes and mechanized report to Secretary of State; canvass of vote by
justices of Supreme Court; Governor to grant certificates of election and issue
proclamations.
1. The board of county commissioners, after making the abstract of votes as
provided in NRS
293.393, shall cause the county clerk to certify the abstract and, by an
order made and entered in the minutes of its proceedings, to make:
(a) A copy of the certified abstract; and
(b) A mechanized report of that abstract in compliance with regulations adopted
by the Secretary of State,
Ê and
forthwith transmit them to the Secretary of State.
2. On the fourth Tuesday of November after each general election, the justices
of the Supreme Court, or a majority thereof, shall meet with the Secretary of
State, and shall open and canvass the vote for the number of presidential
electors to which this State may be entitled, United States Senator,
Representative in Congress, members of the Legislature, state officers who are
elected statewide or by district, district judges, or district officers whose
districts include area in more than one county and for and against any question
submitted.
3. The Governor shall
issue certificates of election to and commission the persons having the highest
number of votes as prescribed in NRS 293.3677 subpart
4(b)and shall issue
proclamations declaring the election of those persons.
NRS 293.397 Prohibitions against withholding certificate
of election or commission. A certificate of election or commission must not be
withheld from the person having the highest number of votes for the office as prescribed in NRS 293.3677 subpart 4(b) because of any contest of election filed in the election
or any defect or informality in the returns of any election, if it can be
ascertained with reasonable certainty from the returns what office is intended
and who is entitled to the certificate or commission.
(Added to NRS by 1960, 262; A 1961, 293; 1971, 450; 1995,
1660)
NRS 293.417 Judgment
of court in election contest.
1. If, in any contest,
the court finds from the evidence that a person other than the defendant received
the greatest number of legal votes did in fact receive among the top three
highest total of votes cast in a primary or the highest number of total first
and second choice votes in a general election, the court, as a part of the judgment,
shall declare that person elected or nominated.
2. The person declared
nominated or elected by the court is entitled to a certificate of nomination or
election. If a certificate has not been issued to that person, the county
clerk, city clerk or Secretary of State shall execute and deliver to the person
a certificate of election or a certificate of nomination.
3. If a certificate of
election or nomination to the same office has been issued to any person other
than the one declared elected by the court, that certificate must be annulled
by the judgment of the court.
4. Whenever an election is annulled or set aside by the court, and the court
does not declare some candidate elected, the certificate of election or the
commission, if any has been issued, is void and the office is vacant.
(Added to NRS by 1960, 264; A 1987, 352)
NRS 293.427 Contest
of general election for office of State Legislator: Seating of candidate with
highest number of votes; withdrawal of statement of contest; hearing and
deciding of contest by appropriate house of Legislature; certificates of
election; remedy.
1. The Secretary of State shall deliver the statement of contest filed
pursuant to NRS
293.425 and all other documents, including any amendments to the
statement, to the presiding officer of the appropriate house of the Legislature
on the day of the organization of the Legislature.
2. Until the contest has
been decided, the candidate who received the highest number of first and second choice (if applicable) votes for the office in the contested election must be
seated as a member of the appropriate house.
3. If, before the contest has been decided, a contestant gives written notice
to the Secretary of State that the contestant wishes to withdraw his or her
statement of contest, the Secretary of State shall dismiss the contest.
4. The contest, if not dismissed, must be heard and decided as prescribed by
the standing or special rules of the house in which the contest is to be tried.
If after hearing the contest, the house decides to declare the contestant
elected, the Governor shall execute a certificate of election and deliver it to
the contestant. The certificate of election issued to the other candidate is
thereafter void.
5. In a contest of a general election for the office of Assemblyman,
Assemblywoman or Senator, the house in which a contest was tried or was to be
tried shall determine the remedy, if any, to be awarded to a party to such a
contest. The remedy may include, without limitation, any costs incurred by a
party in connection with the contest.
NRS 293.430 Contest of general election for office of
Governor, Lieutenant Governor or justice of Supreme Court: Filing of documents
and other evidence with Secretary of State; seating of candidate; duties of
Secretary of State and Legislature; withdrawal of contest.
1. If the contest is of the general election for the office of Governor, Lieutenant
Governor or justice of the Supreme Court, the statement of contest and all
depositions, ballots and other documents relating to the contest must be filed
with the Secretary of State within the time provided for filing statements of
contests with the clerk of the district court.
2. Until the contest is
decided, the candidate who received the highest number of first and second choice, (if applicable) votes for the office in
the contested election must be seated and commence the duties of the office.
3. The Secretary of State shall deliver the statement of contest and all other
papers and documents to the speaker of the assembly on the day of the
organization of the Legislature.
4. A joint session of both houses must be convened as soon thereafter as the
business of both houses permits, but not later than 10 days after receipt of
statement of contest.
5. If, before the contest has been decided, a contestant gives written notice
to the Secretary of State that the contestant wishes to withdraw his or her
statement of contest, the Secretary of State shall dismiss the contest.
(Added to NRS by 1960, 265; A 1961, 293; 1967, 850; 1977, 247; 1981,
1742; 1995,
1661)
NRS 293.440 List
of persons registered to vote in precinct, district or county: Distribution of
copies; contents; limitation on printing costs; request for and use by
committees of political parties; fees.
1. Any person who desires
a copy of any list of the persons who are registered to vote in any precinct,
district or county may obtain a copy by applying at the office of the county
clerk and paying therefor a sum of money equal to 1 cent per name on the list,
except that one copy of each original and supplemental list for each precinct,
district or county must be provided both to the state central committee of any
major political party and to the county central committee of any major
political party, and to the executive committee of any minor political party
upon request, and to each candidate registered as a
non-partisan without
charge.
2. Except as otherwise provided in NRS 293.5002 and 293.558, the copy of the list provided
pursuant to this section must indicate the address, date of birth, telephone
number and the serial number on each application to register to vote. If the
county maintains this information in a computer database, the date of the most
recent addition or revision to an entry, if made on or after July 1, 1989, must
be included in the database and on any resulting list of the information. The
date must be expressed numerically in the order of month, day and year.
3. A county may not pay
more than 10 cents per folio or more than $6 per thousand copies for printed
lists for a precinct or district.
4. A county which has a
system of computers capable of recording information on magnetic tape or
diskette shall, upon request of the state central committee or county central
committee of any major political party or the executive committee of any minor
political party , or any candidate registered as a
non-partisan which has filed a
certificate of existence with the Secretary of State, record for both the state
central committee and the county central committee of the major political
party, if requested, and for the executive committee of the minor political
party, or any candidate registered as a non-partisan if requested, on magnetic tape or diskette supplied by
it:
(a) The list of persons who are registered to vote and the information required
in subsection 2; and
(b) Not more than four times per year, as requested by the state or county
central committee or the executive committee:
(1) A complete list of the persons who are registered to vote with a notation
for the most recent entry of the date on which the entry or the latest change
in the information was made; or
(2) A list that includes additions and revisions made to the list of persons
who are registered to vote after a date specified by the state or county
central committee or the executive committee.
5. If a political party does not provide its own magnetic tape or diskette, or
if a political party requests the list in any other form that does not require
printing, the county clerk may charge a fee to cover the actual cost of
providing the tape, diskette or list.
6. Any state or county
central committee of a major political party, any executive committee of a
minor political party or any member or representative of such a central
committee or executive committee ,
and each candidate registered as a non-partisan who receives without
charge a list of the persons who are registered to vote in any precinct,
district or county pursuant to this section shall not:
(a) Use the list for any purpose that is not related to an election; or
(b) Sell the list for compensation or other valuable consideration.
(Added to NRS by 1960, 266; A 1967, 844; 1973, 895; 1975, 942; 1985, 1806;
1989, 228; 1991,
1353; 1993,
2188; 1995,
2268, 2783; 2003,
1707; 2005,
2288; 2007,
2600)
NRS 293.563 Election board register of precinct or
district: Preparation; delivery.
1. During the interval between the closing of registration and the election,
the county clerk shall:
(a) In counties where records of registration are not kept by computer, prepare
for each precinct or district a binder containing in alphabetical order the
original applications to register to vote of the electors in the precinct or
district. The binder constitutes the election board register.
(b) In counties where records of registration are kept by computer, have
printed and placed in a binder for each precinct or district a computer listing
in alphabetical order of the applications to register to vote of the electors
in the precinct or district. The binder constitutes the election board
register.
2. Each election board register must be delivered or caused to be delivered by
the county or city clerk to an election officer of the proper precinct or
district before the opening of the polls.
NRS 293.565 Sample
ballots: Contents; mailing; printing of text of constitutional amendments;
notice of location of polling place; notice if location of polling place
changed; cost of mailing responsibility of political subdivision.
1. Except as otherwise provided in subsection 3, sample ballots must include:
(a) If applicable, the
statement required by NRS 293.267;
(b) The fiscal note or description of anticipated financial effect, as provided
pursuant to NRS
218D.810, 293.250, 293.481, 293.482, 295.015 or 295.095 for
each proposed constitutional amendment, statewide measure, measure to be voted
upon only by a special district or political subdivision and advisory question;
(c) An explanation, as provided pursuant to NRS
218D.810, 293.250, 293.481, 293.482 or 295.121,
of each proposed constitutional amendment, statewide measure, measure to be
voted upon only by a special district or political subdivision and advisory
question;
(d) Arguments for and against each proposed constitutional amendment, statewide
measure, measure to be voted upon only by a special district or political
subdivision and advisory question, and rebuttals to each argument, as provided
pursuant to NRS
218D.810, 293.250, 293.252, 293.481, 293.482 or 295.121;
and
(e) The full text of each proposed constitutional amendment.
2. If, pursuant to the
provisions of NRS 293.2565, the word “Incumbent” must appear on
the ballot next to the name of the candidate who is the incumbent, the word
“Incumbent” must appear on the sample ballot next to the name of the candidate
who is the incumbent.
3. Sample ballots that
are mailed to registered voters may be printed without the full text of each
proposed constitutional amendment if:
(a) The cost of printing
the sample ballots would be significantly reduced if the full text of each
proposed constitutional amendment were not included;
(b) The county clerk
ensures that a sample ballot that includes the full text of each proposed
constitutional amendment is provided at no charge to each registered voter who
requests such a sample ballot; and
(c) The sample ballots
provided to each polling place include the full text of each proposed
constitutional amendment.
4. Before the period for
early voting for any election begins, the county clerk shall cause to be mailed
to each registered voter in the county a sample ballot for his or her precinct,
with a notice informing the voter of the location of his or her polling place.
If the location of the polling place has changed since the last election:
(a) The county clerk shall
mail a notice of the change to each registered voter in the county not sooner
than 10 days before mailing the sample ballots; or
(b) The sample ballot must
also include a notice in bold type immediately above the location which states:
NOTICE:
THE LOCATION OF YOUR POLLING PLACE
HAS
CHANGED SINCE THE LAST ELECTION
5. Except as otherwise provided in subsection 6, a sample ballot required to
be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a
notice printed in at least 20-point bold type that states:
NOTICE:
TO RECEIVE A SAMPLE BALLOT IN
LARGE
TYPE, CALL (Insert appropriate telephone number)
6. A portion of a sample ballot that contains a facsimile of the display area
of a voting device may include material in less than 12-point type to the
extent necessary to make the facsimile fit on the pages of the sample ballot.
7. The sample ballot mailed to a person who requests a sample ballot in large
type by exercising the option provided pursuant to NRS
293.508, or in any other manner, must be printed in at least 14-point
type, or larger when practicable.
8. If a person requests a sample ballot in large type, the county clerk shall
ensure that all future sample ballots mailed to that person from the county are
in large type.
9. The county clerk shall include in each sample ballot a statement indicating
that the county clerk will, upon request of a voter who is elderly or disabled,
make reasonable accommodations to allow the voter to vote at his or her polling
place and provide reasonable assistance to the voter in casting his or her
vote, including, without limitation, providing appropriate materials to assist
the voter. In addition, if the county clerk has provided pursuant to subsection
4 of NRS
293.2955 for the placement at centralized voting locations of
specially equipped voting devices for use by voters who are elderly or
disabled, the county clerk shall include in the sample ballot a statement
indicating:
(a) The addresses of such centralized voting locations;
(b) The types of specially equipped voting devices available at such
centralized voting locations; and
(c) That a voter who is elderly or disabled may cast his or her ballot at such
a centralized voting location rather than at his or her regularly designated
polling place.
10. The cost of mailing sample ballots for any election other than a primary
or general election must be borne by the political subdivision holding the
election.
11. Sample ballots will
include the party affiliation or status as a registered non-partisan only if
preceded by the words “self-designated political affiliation preference”. Candidates
may opt to not include their self-designated political affiliation preference.
This statement is for voter information only and does not indicate the named
political party has officially nominated or endorsed the candidate.
(Added to NRS by 1960, 278; A 1961, 298; 1967, 852; 1971, 449; 1973, 897; 1979,
268; 1987, 356; 1989, 205; 1995,
2631; 1997,
78, 765, 769, 3065, 3469; 1999,
679; 2001,
1435, 2001, 2957; 2003,
200, 208, 210, 1656, 1692, 1708, 1723, 3196; 2007,
1165, 2529;2011,
2098)
NRS 293.841 Party
affiliation, status as a registered non-partisan, or self-designated political affiliation
preference listed on campaign material, web site, or social media
1. It is recommended
that party affiliation preference, status as a registered non-partisan, or
self-designated political affiliation preference of any candidate not be
included as part of the identification of the candidate. Listing of party
affiliation, status as a registered non-partisan, or self-designated political affiliation
preference should be limited to either:
(a) List of
organizations the candidate is a member of
(b) List of
endorsements received by the candidate
2. If party
affiliation, status as a registered non-partisan, or
self-designated political affiliation preference is listed as recommended in subpart 1(a) or (b)
above, the font must be the same as other listings in the group.
If the changes are
adopted by the legislature and signed by the governor, changes will be
effective January 1, 2016.
CHAPTER 293B - MECHANICAL VOTING SYSTEMS
GENERAL
PROVISIONS
NRS
293B.050
Authorization for use of mechanical voting system.
NRS
293B.055
Applicability of other statutes, charters and ordinances.
REQUIREMENTS
NRS
293B.063
System to meet or exceed standards established by Federal Election Commission
pursuant to federal law.
NRS
293B.075
Full choice of candidates for offices; vote against all candidates.
NRS
293B.084
Required features and design of mechanical recording device which directly
records votes electronically; availability and use of paper record for manual
audit.
NRS
293B.085
Several elective to same offices; effect of overvote.
APPROVAL
AND ADOPTION
NRS
293B.104
Secretary of State not to approve system that does not meet federal standards.
NRS
293B.105
Purchase, adoption and use of mechanical voting system and mechanical recording
device by local officers; approval of system or device by Secretary of State;
change or improvement of system or device; regulations.
NRS
293B.110
Adoption of different voting devices for different precincts or districts.
NRS
293B.115
Provision of mechanical recording devices for polling places; custody when not
in use.
NRS
293B.120
Adoption of mechanical voting system for experimental use in certain precincts.
NRS
293B.122
Purchase of mechanical recording devices by Secretary of State for lease to
counties.
NRS
293B.124
Lease of mechanical recording devices by counties with option to purchase:
Contents of agreement; deposit of rental payments.
NRS
293B.125
Cost of mechanical voting system; payment for system.
COMPUTER
PROGRAMS
TESTING
OF EQUIPMENT AND PROGRAMS
NRS
293B.150
Tests required before first day of early voting.
NRS
293B.155
Procedure for conducting tests; inspection of results of test.
NRS
293B.165
Tests required before and after counting of ballots; certification of tests by
accuracy certification board.
NRS
293B.170
Sealing and disposition of programs and ballots.
BALLOTS
NRS
293B.180
Applicability of provisions governing mechanical voting systems and paper
ballots.
NRS
293B.185
Procedure to be followed if ballot larger than capacity of mechanical recording
device.
NRS
293B.190
Primary elections: Partisan and nonpartisan arrangement of list of candidates
and measures to be voted on at election.
NRS
293B.205
Sample ballots: Availability at polling place; form.
PREPARATION
FOR OPENING POLLS
NRS
293B.220
Preparation of mechanical recording devices for use in voting.
NRS
293B.225
Employment of competent persons by clerk; oaths.
NRS
293B.240
Testing of mechanical recording device by clerk.
NRS
293B.245
Examination of mechanical recording devices by representatives of political
parties before election.
NRS
293B.255
Booth must conceal mechanical recording device.
NRS
293B.260
Instruction of members of election board before election.
NRS
293B.275
Record of attendance at instructional meetings: Certification; effect.
NRS
293B.283
Election board to ensure ballots previously voted on mechanical voting system
not recorded as voted on that day.
CONDUCT
OF VOTING
NRS
293B.285
Visibility and placement of mechanical recording devices.
NRS
293B.290
Periodic inspection of mechanical recording devices.
NRS
293B.295
Exclusion of voter until right to vote ascertained.
NRS
293B.300
Primary elections: Issuance of partisan ballot; directions to voter.
NRS
293B.305
Primary elections: Issuance of nonpartisan ballot; alternative directions to
voter.
NRS
293B.310
Primary elections: Optional manner of voting when party comprises less than 5
percent of voters.
NRS
293B.315
Information concerning operation of mechanical recording device to be given to
voter before entering booth; subsequent information.
PROCESSING
OF BALLOTS
NRS
293B.330
Duties of election board upon and after closing of polls; public may observe
handling of ballots.
NRS
293B.335
Delivery of ballots and election materials to receiving center or counting
place; disposition of other materials; members of general public allowed to
observe delivery.
NRS
293B.340
Intermediate point may be designated as receiving center; handling procedures.
NRS
293B.345
Board relieved of responsibility after delivery and receipt.
NRS
293B.350
Clerk to supervise operation of central counting place.
NRS
293B.353
Clerk to allow members of general public to observe counting of ballots at
central counting place; members of general public allowed to photograph or
otherwise record counting of ballots; request for photograph or recording of
counting of ballots.
NRS
293B.354
Clerk to submit plans to Secretary of State for accommodation of members of
general public who observe delivery, counting, handling and processing of
ballots.
NRS
293B.355
Responsibility for proper operation and use of computer or counting device
owned or leased by State.
NRS
293B.360
Creation of special election boards; appointment of members to boards.
NRS
293B.370
Duties of absent ballot mailing precinct inspection board.
NRS
293B.380
Ballot processing and packaging board: Composition; duties.
NRS
293B.385
Computer program and processing accuracy board: Appointment; duties.
NRS
293B.390
Additional duties of accuracy certification board.
NRS
293B.400
Paper record required in event of recount or contest of election; duty of clerk
to collect and deposit paper records.
NRS 293B.070 Full
choice of candidates and measures. A mechanical voting system must provide
facilities for voting for the candidates of as many political parties or
organizations as may make nominations as many candidates as may be eligible to run for any office, and for or against
measures.
(Added to NRS by 1975, 1523; A 1985,
1099)
NRS 293B.075 Full
choice of candidates for offices; vote against all candidates. A mechanical voting system must permit
the voter to vote for any person or choice of persons for any office for
which he or she has the right to vote, but none other, or indicate a
vote against all candidates.
(Added to NRS by 1975, 1523; A 1985,
1099)
NRS 293B.080 “Straight”
or “split” ticket. A mechanical voting system must, except at primary
elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party
and in part for the candidates of one or more other parties. they are entitled to vote
for.
(Added to NRS by 1975, 1523; A 1985,
1099; 1995, 2632)
COMPUTER PROGRAMS
NRS 293B.130 Requirements.
1.
Before any election where a mechanical voting system is to be used, the
county clerk shall prepare or cause to be prepared a computer program on cards,
tape or other material suitable for use with the computer or counting device to
be employed for counting the votes cast. The program must cause the computer or
counting device to operate in the following manner:
(a) All lawful
votes cast by each voter must be counted.
(b) All
unlawful votes, including, but not limited to, overvotes or, in a primary
election, votes cast for a candidate of a major political party other than the
party, if any, of the registration of the voter must not be counted.
(c) If the
election is:
(1) A primary election held in an even-numbered year; or
(2) A general election,
Ê the total votes, other than
absentee votes and votes in a mailing precinct, must be accumulated by
precinct.
(d) The
computer or counting device must halt or indicate by appropriate signal if a
ballot is encountered which lacks a code identifying the precinct in which it
was voted and, in a primary election, identifying the major political party
of the voter.
2. The
program must be prepared under the supervision of the accuracy certification
board appointed pursuant to the provisions of NRS 293B.140.
3. The
county clerk shall take such measures as he or she deems necessary to protect
the program from being altered or damaged.
(Added to NRS by 1975, 1525; A 1979,
1304; 1985, 1101; 1987, 357; 1989, 229; 1993, 2199; 1995, 2632; 1997,
1608, 3470; 1999,
679)
TESTING OF EQUIPMENT AND PROGRAMS
NRS 293B.140 Appointment
of accuracy certification board. Before conducting the test required pursuant to the
provisions of NRS 293B.150, the county or city clerk shall
appoint three persons, not more than two of whom are of the same political
party, one of which must be a person registered as non-partisan
and one who is registered in a minor political party, to vote in the state to serve as an accuracy certification
board. Not more than two of the persons appointed to the board may be employees
of the county or city.
(Added to NRS by 1975, 1525; A 1987, 357;
1993, 2199)
NRS 293B.145 Observation of conduct of
tests.
1. The accuracy certification board shall observe the conduct of the
tests prescribed by NRS
293B.150 and 293B.165.
2. Representatives
of the various political parties, representatives
officially designated by the campaigns of any registered non-partisan
candidate, candidates and the press may also observe the conduct of
such tests.
(Added to NRS by 1975, 1526)
NRS 293B.155 Procedure for conducting tests;
inspection of results of test.
1. The tests
prescribed by NRS 293B.150 and 293B.165 must be conducted by processing a
preaudited group of logic and accuracy test ballots so voted or marked as to
record a predetermined number of valid votes for each candidate and on each
measure, accurately record the top three highest vote totals in a
primary election situation, accurately perform an instant runoff, and must include for each office one or more ballots which
have votes in excess of the number allowed by law in order to test the ability
of the mechanical recording device or the automatic tabulating equipment and
programs to reject those votes.
2. If any error is detected, the cause therefor must be ascertained and
corrected and an errorless count must be made before the mechanical recording
device or the automatic tabulating equipment and programs are approved.
3. When satisfied with the accuracy of the mechanical recording device or
automatic tabulating equipment and computer program, the accuracy certification
board and the county or city clerk shall date and sign all reports, and seal
the program, if any, and the reports and all test material in an appropriate
container. The container must be kept sealed by the clerk.
4. Except as otherwise provided in this subsection, the contents of such
a sealed container are not subject to the inspection of anyone except in the
case of a contested election, and then only by the judge, body or board before
whom the election is being contested, or by the parties to the contest,
jointly, pursuant to an order of that judge, body or board. For the period set
forth in NRS
293.413 during which a candidate may file a statement of contest,
the results of the test must be made available in the clerk’s office for public
inspection.
NRS 293B.190 Primary
elections: Partisan and nonpartisan arrangement of list of candidates and measures
to be voted on at election. When used in primary elections, the list of offices and
candidates and the statements of measures to be voted on for each mechanical
recording device, except those devices intended solely for nonpartisan
voters, must be so arranged that it contains a page or pages setting forth
the ballot of one major political party partisan offices only, followed by a page or pages
setting forth the nonpartisan ballot and so that the voter may cast partisan
and nonpartisan votes on a single ballot but may not cast partisan votes for
a candidate of another major political party.
(Added to NRS by 1975, 1524; A 1985,
1102; 1989, 229)
NRS 293B.245 Examination
of mechanical recording devices by representatives of political parties before
election. Before preparing mechanical recording devices for any
election, the county clerk shall mail written notices to the chairs of the
county central committees of at least two of the principal political parties,
all political parties with candidates appearing on the
primary ballot as well as all registered non-partisan candidates stating the time and place where the
devices will be prepared. At the specified time, one representative of each
such political party designated group must be afforded an opportunity to see
that the devices are in proper condition for use in the election. The
representatives shall not interfere with the persons assigned to prepare the
devices or assume any of their duties.
(Added to NRS by 1975, 1527; A 1985,
1103; 1987, 359)
NRS 293B.300 Primary
elections: Issuance of partisan ballot; directions to voter.
1. In a
primary election, a member of the election board for a precinct shall issue
each partisan voter a ballot which contains a distinctive code
associated with the major political party of the voter and on which is clearly
printed the name of the party.
2. If a
mechanical voting system is used in a primary election whereby votes are
directly recorded electronically, a member of the election board shall, if the
clerk uses voting receipts, in addition to the ballot described in subsection
1, issue each partisan voter a voting receipt on which is clearly
printed the name of the major political party of the voter.
3. The
member of the election board shall direct the partisan voter to a
mechanical recording device containing the list of offices and candidates arranged
for the voter’s major political party in the manner provided in NRS 293B.190.
NRS 293B.305 Primary
elections: Issuance of nonpartisan ballot; alternative directions to voter. Unless a major political party allows a
nonpartisan voter to vote for its candidates:
1. In a
primary election, a member of the election board for a precinct shall issue
each nonpartisan voter a ballot with a distinctive code and printed designation
identifying it as a nonpartisan ballot.
2. If a
mechanical voting system is used in a primary election whereby votes are
directly recorded electronically, a member of the election board shall, if the
clerk uses voting receipts, in addition to the ballot described in subsection
1, issue the nonpartisan voter a voting receipt with a printed designation
identifying it as a nonpartisan ballot.
3. The
member of the election board shall:
(a) Direct the
nonpartisan voter to a mechanical recording device containing a list of offices
and candidates setting forth only the nonpartisan ballot; or
(b) Direct the
nonpartisan voter to a mechanical recording device containing a list of offices
and candidates arranged for a partisan ballot, instruct the voter to vote only
the nonpartisan section of the list and advise the voter that any votes the
voter may cast in the partisan section will not be counted.
NRS 293B.310 Primary
elections: Optional manner of voting when party comprises less than 5 percent
of voters. In a primary election, the county clerk may require those
partisan voters in a precinct or district whose political parties each comprise
less than 5 percent of the registered voters for that precinct or district to
vote in the manner prescribed for nonpartisan voters in NRS 293B.305.
(Added to NRS by 1975, 1525; A 1987, 360)
NRS 293B.360 Creation
of special election boards; appointment of members to boards.
1. To
facilitate the processing and computation of votes cast at any election
conducted under a mechanical voting system, the county clerk shall create a
computer program and processing accuracy board, and may 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;
(e)An instant runoff board; and
(e) Such
additional boards or appoint such officers as the county clerk deems necessary
for the expeditious processing of ballots.
2. Except as
otherwise provided in subsection 3, the county clerk may determine the number
of members to constitute any board. The county clerk shall make any
appointments from among competent persons who are registered voters in this
State. The members of each board must represent all political parties and candidates registered as non-partisan as equally as possible. The same person
may be appointed to more than one board but must meet the particular
qualifications for each board to which he or she is appointed.
3. If
the county clerk creates a ballot duplicating board, the county clerk shall
appoint to the board at least two members. The members of the ballot
duplicating board must not all be of the same political party.
4. All
persons appointed pursuant to this section serve at the pleasure of the county
clerk.
(Added to NRS by 1975, 1529; A 1981,
1701; 1985, 1106; 2001,
2033)
NRS 293B.381 The instant
runoff board will perform duties similar to the ballot processing and packaging
board except those actions will be limited to the instant runoff application if
required.
If the changes are
adopted by the legislature and signed by the governor, changes will be
effective January 1, 2016.
CHAPTER 293C - CITY ELECTIONS
GENERAL
PROVISIONS
NRS 293C.110
Conduct of city election controlled by governing body; exceptions.
NRS 293C.112
Governing body authorized to conduct city election by mail under certain circumstances.
NRS 293C.115
Governing body of general law city authorized to choose dates for primary and
general elections; dates to be in accordance with this chapter or chapter
293 of NRS; effect upon terms of serving city officials.
NRS 293C.120
Governing body to provide ballots and supplies.
GENERAL
ELECTIONS
NRS 293C.140
Date of general city election in cities of population categories one and two;
candidates to be voted upon by electors at large; terms of council members;
exceptions.
NRS 293C.145
Date of general city election in city of population category three; number of
council members; terms of mayor and council members; procedure for filing
declaration of candidacy; candidates for mayor to be voted upon by electors at
large; candidates for city council to be voted upon by electors of ward or
electors at large; exceptions.
NOMINATIONS
AND CANDIDATES
NRS 293C.175
Date of primary city election; procedure for filing declaration of candidacy;
candidates to be voted upon by electors at large; placement of names of
candidates on ballot for general city election; exceptions.
NRS 293C.180
Declaration of nominees: Omission and appearance of names on primary ballot;
declaration of single candidate as elected to office.
NRS 293C.185
Declaration or acceptance of candidacy: Filing required before name may be
printed on ballot; form; contents; address of candidate; retention of proof of
identity and residency; appointment of agent for service of process;
investigation and disqualification of candidate who has been convicted of
felony and has not had civil rights restored.
NRS 293C.186
Written challenges of qualifications of candidates.
NRS 293C.1865
Penalty for willfully filing declaration or acceptance of candidacy with
knowledge it contains false statement; posting of notice of disqualification at
polling place required in certain circumstances.
NRS 293C.187
Contents and publication of notice of primary or general city election.
NRS 293C.200
Residency requirements for candidates; penalty for knowingly and willfully
making false statement concerning residency on declaration or acceptance of
candidacy.
ELECTION
BOARDS
NRS 293C.220
Appointment of officers by city clerk; appointment of law enforcement officers
for polling places; appointment of trainees.
NRS 293C.222
Appointment of pupil as trainee: Qualifications; requirements; duties;
compensation.
NRS 293C.225
Recommendations by chair of persons suitable for service.
NRS 293C.227
Delivery of notice of appointment to officer or trainee.
NRS 293C.228
Notice of unwillingness to serve as officer or trainee; appointment of
replacement.
NRS 293C.230
Appointment of single central election board for mailing precincts.
NRS 293C.240
Appointment and duties of absent ballot central counting board; no central
election board if absent ballot central counting board appointed.
NRS 293C.245
Appointment and number of officers on absent ballot central counting board;
appointment of law enforcement officers; absent ballot central counting board
under direction of city clerk.
BALLOTS
NRS 293C.255
Name of candidate on ballot not to include title, designation of profession or
occupation.
NRS 293C.256
Absent ballot or ballot voted in mailing precinct to be voted on paper ballot.
NRS 293C.257
Form of ballot for primary city election; names of candidates to be grouped
alphabetically; exception.
NRS 293C.260
Form of ballot for general city election; names of candidates to be grouped
alphabetically; exception.
NRS 293C.261
Ballot to indicate date of election and at which election ballot will be used.
NRS 293C.262
Order of listing offices and questions; division of ballots; color of ballots
and voting receipts.
VOTING
AT POLLS
NRS 293C.265
Voting in person required at first city election after valid registration for
voter who registered to vote by mail or computer; exceptions.
NRS 293C.267
Time for opening and closing polls; duties and powers of officers of election
board.
NRS 293C.268
Establishment of polling place for precinct in residential development
exclusively for elderly persons.
NRS 293C.2685
Polling place not to be established in any building named for candidate
appearing on ballot.
NRS 293C.269
Members of general public allowed to observe conduct of voting at polling place;
photographing or otherwise recording conduct of voting by members of general
public prohibited.
NRS 293C.270
Conditions for entitlement of person to vote; forms of identification to
identify registered voter.
NRS 293C.272
Identification of registered voter who is unable to sign name.
NRS 293C.275
Election board officer in charge of register required to take voter’s
signature.
NRS 293C.277
Announcement of name of registered voter; grounds and procedure for challenging
person’s right to vote.
NRS 293C.281
Accessibility of polling place, ballot and election materials to persons who
are elderly and to persons with disabilities; provision of mechanical recording
device to record votes electronically; alternative placement of specially
equipped voting devices at centralized locations.
NRS 293C.282
Assistance to voter who is physically disabled or unable to read or write
English.
NRS 293C.285
Change of vote on certain mechanical recording devices.
NRS 293C.290
Posting of alphabetical listing of registered voters at polling place; tearing
or defacing alphabetical listing prohibited; penalty.
NRS 293C.291
Posting of notice of death of candidate at polling place.
NRS 293C.295
Voting by person successfully challenged on grounds of residency.
NRS 293C.297
Closing of polls; admission of voters and other persons.
NRS 293C.302
Court-ordered extension of deadline for voting.
ABSENT
BALLOT VOTING
NRS 293C.305
Absent ballots: Preparation; reasonable accommodations for use by persons who
are elderly or disabled; time for distribution; ineffectiveness of legal
actions to prevent issuance.
NRS 293C.306
Distribution of forms to request absent ballot.
NRS 293C.307
Request and receipt of absent ballot allows voting only by absent ballot;
exception; city clerk to notify election board if absent ballot issued.
NRS 293C.310
Persons entitled to absent ballot; fraud or coercion in obtaining ballot
prohibited; penalty.
NRS 293C.312
Limitation on time to apply for absent ballot; application available for public
inspection; issuance of absent ballot; immunity of city clerk.
NRS 293C.317
Application for absent ballot because of illness, disability or absence:
Requirements; delivery of ballot; voting procedure.
NRS 293C.318
Application for absent ballot because of physical disability: Requirements;
voting procedure.
NRS 293C.320
City clerk to determine if applicant for absent ballot is registered voter.
NRS 293C.322
Delivery of absent ballot and voting supplies; return of absent ballot;
recordation of certain information by county clerk; regulations.
NRS 293C.325
Duties of city clerk upon receipt of absent ballot from voter: Deposit of voted
ballot; delivery for counting. [Effective through December 31, 2013.]
NRS 293C.325
Duties of city clerk upon receipt of absent ballot from voter: Deposit of voted
ballot; delivery for counting. [Effective January 1, 2014.]
NRS 293C.327
Voting absent ballot in person in city clerk’s office.
NRS 293C.328
Electioneering prohibited near city clerk’s office during period office
maintained for voting absent ballot in person; penalty.
NRS 293C.330
Procedure for voting after requesting absent ballot; unlawful return of ballot;
penalty.
NRS 293C.332
Procedure for depositing absent ballots in ballot box. [Effective through
December 31, 2013.]
NRS 293C.332
Procedure for depositing absent ballots in ballot box. [Effective January 1,
2014.]
NRS 293C.335
Empty envelopes and rejected ballots to be returned to city clerk. [Effective
through December 31, 2013.]
NRS 293C.335
Empty envelopes and rejected ballots to be returned to city clerk. [Effective
January 1, 2014.]
NRS 293C.340
Duty of city clerk to provide ballot box for each ballot listing if absent
ballot central counting board appointed; deposit of voted ballots. [Effective
through December 31, 2013.]
NRS 293C.340
Duty of city clerk to provide ballot box for each ballot listing if absent
ballot central counting board appointed; deposit of voted ballots. [Effective
January 1, 2014.]
VOTING
IN MAILING PRECINCTS
NRS 293C.342
Eligibility of certain voters to vote by mail; effect of city clerk designating
precinct as mailing precinct.
NRS 293C.345
Duty of city clerk to mail official mailing ballots to registered voters;
exception.
NRS 293C.347
Enrollment of eligible voter’s name; procedure for mailing of ballot and voting
supplies by city clerk.
NRS 293C.352
Duties of city clerk upon receipt of envelope which contains mailing ballot.
EARLY
VOTING BY PERSONAL APPEARANCE
NRS 293C.356
Issuance of ballots; voting booth for use by persons issued ballots.
NRS 293C.3561
City clerk to establish criteria for selection of permanent and temporary
polling places for early voting by personal appearance.
NRS 293C.3568
Period for early voting; hours for permanent polling places.
NRS 293C.3583
Preparation of mechanical recording devices before polls open each day.
NRS 293C.3604
Mechanical recording devices: Duties of election board at close of each voting
day; duties of 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
before polls close prohibited; penalty.
NRS 293C.3608
Delivery to central counting place of printed record of votes recorded on
mechanical recording device during period for early voting and of related items
and devices.
NRS 293C.361
Electioneering prohibited near polling place; penalty.
RETURNS
AND CANVASS
NRS 293C.3615
Record made by city clerk of receipt at central counting place of sealed
container used to transport official ballots.
NRS 293C.362
Preparation by counting board to count paper ballots.
NRS 293C.367
Rejection of ballots; regulations for counting ballots.
NRS 293C.368
Errors in information on certain form not grounds for rejection of absent
ballot.
NRS 293C.375
Duties of officers of counting board after ballots counted if paper ballots
used.
NRS 293C.382
Initial withdrawal of absent ballots from ballot boxes; verification of proper
number of absent ballots; procedure for counting.
NRS 293C.385
Withdrawal of absent ballots from ballot boxes after initial withdrawal;
verification of proper number and counting of absent ballots; reporting results
of count; disseminating information about count before polls close prohibited;
penalty.
NRS 293C.387
Returns filed with city clerk; canvass of returns; preparation and entering of
abstract of votes; limitation on inspection of returns; certificates of
election.
NRS 293C.389
Inclusion of inactive voters in reports of votes prohibited.
NRS 293C.390
Disposition and inspection of ballots, lists, stubs and records of voted
ballots after canvass by governing body of city.
NRS 293C.395
Prohibitions against withholding certificate of election or commission.
REGISTRATION
OF VOTERS; REGISTRARS
NRS 293C.520
Designation by city clerk of building owned or leased by city as municipal
facility at which electors may register to vote.
NRS 293C.525
Transfer of registration when residence changed from one precinct to another
within same city or changed within same precinct; oral or written affirmation
of elector; right of elector to vote.
NRS 293C.527
Close of registration; exception; office of city clerk to be open certain hours
during last days before registration closes; publication of day and time
registration closes; elector required to register to vote in person or by
computer during certain period; hours of operation for municipal facility for
voter registration.
NRS 293C.530
Sample ballots: Contents; mailing; notice of location of polling place; notice
if location of polling place changed; form of ballot; cost of mailing
responsibility of city.
NRS 293C.532
Persons entitled to vote; authority of governing body of city to provide
supplemental registration.
NRS 293C.535
Procedure for registration of electors in incorporated cities; preparation of
official election board register.
NRS 293C.540
Delivery of official register by county clerk to city clerk.
NRS 293C.542
Authority of governing body to publish list of registered voters.
NRS 293C.545
City required to compensate county registrar for certain services; payment from
city general fund.
MECHANICAL
VOTING SYSTEMS
Administration
NRS 293C.600
Preparation of computer program used to run computer or counting device;
protection of program.
NRS 293C.615
Accuracy certification board to observe conduct of tests on equipment for
mechanical voting; representatives of candidates and press authorized to
observe.
Processing of Ballots
NRS 293C.625
Early pickup and delivery of ballots to central counting place; processing of
ballots before polls close.
NRS 293C.630
Duties of election board upon and after closing of polls; public may observe
handling of ballots.
NRS 293C.635
Procedure for delivery of ballots and election materials to receiving center or
central counting place; disposition of other materials; members of general
public allowed to observe delivery.
NRS 293C.640
Creation of special election boards; appointment of members to boards.
NRS 293C.650
Duties of absent ballot mailing precinct inspection board.
NRS 293C.660
Ballot processing and packaging board: Composition; duties.
NRS 293C.665
Computer program and processing accuracy board: Appointment; duties.
MISCELLANEOUS
PROVISIONS
NRS 293C.700
Construction of containers used to transport official ballots.
NRS 293C.710
Loss or destruction of ballots, or other cause preventing election in precinct
or district; new election.
NRS 293C.715
Website maintained by city clerk for public information relating to elections;
requirements.
NRS 293C.720
City clerks encouraged to provide election information and materials in usable
format for persons who are elderly or disabled.
_________
_________
)
NOMINATIONS AND CANDIDATES
NRS 293C.175 Date of primary city election; procedure
for filing declaration of candidacy; candidates to be voted upon by electors at
large; placement of names of candidates on ballot for general city election;
exceptions.
1. Except as otherwise provided in NRS
293C.115, a primary city election must be held in each city of population
category one, and in each city of population category two that has so provided
by ordinance, on the first Tuesday after the first Monday in April of every
year in which a general city election is to be held, at which time there must
be nominated candidates for offices to be voted for at the next general city
election.
2. Except as otherwise provided in NRS
293C.115, a candidate for any office to be voted for at the primary city
election must file a declaration of candidacy with the city clerk not less than
60 days or more than 70 days before the date of the primary city election. The
city clerk shall charge and collect from the candidate and the candidate must
pay to the city clerk, at the time of filing the declaration of candidacy, a
filing fee in an amount fixed by the governing body of the city by ordinance or
resolution. The filing fees collected by the city clerk must be deposited to
the credit of the general fund of the city.
3. All candidates, except as otherwise provided in NRS
266.220, must be voted upon by the electors of the city at large.
4. If, in a primary city
election held in a city of population category one or two, one candidate
receives more than a majority of votes cast in that election for the office for
which he or she is a candidate, the candidate must be declared elected to the
office and the candidate’s name must not be placed on the ballot for the general
city election. If, in the primary city election, no candidate receives a
majority of votes cast in that election for the office for which he or she is a
candidate, the names of the two three candidates receiving the highest number
of votes must be placed on the ballot for the general city election.
BALLOTS
NRS 293C.255 Name of candidate on ballot not to include
title, designation of profession or occupation. In
any election regulated by this chapter, the names of candidates as printed on
the ballot must not include any title, designation or other reference that
indicates the profession or occupation of the candidates.
NRS 293C.256 Absent ballot or ballot voted in mailing
precinct to be voted on paper ballot. An absent ballot for a
city election or a ballot for a city election voted by a voter who resides in a
mailing precinct must be voted on a paper ballot.
NRS 293C.257 Form of ballot for primary city election;
names of candidates to be grouped alphabetically in
random order ; exception. For a primary city election, there must appear at the top
of each ballot the designation “Candidates for city offices.” Except as
otherwise provided in NRS 293.2565, following this designation must
appear the names of candidates grouped alphabetically in random order under the title and length of term of the office for
which those candidates filed.
NRS 293C.260 Form of ballot for general city election;
names of candidates to be grouped alphabetically in
random order; exception.
1. Except
as otherwise provided in NRS 293C.140, ballots for a general city election
must contain the names of candidates who were nominated at the primary city
election.
2. Except
as otherwise provided in NRS 293.2565, the names of candidates must be
grouped alphabetically
in random order under the title and length of term of
the office for which those candidates filed.
3.The
general election ballot will allow voters to make a selection of a first and
second choice. Votes will be tabulated and a winner declared in accordance with
NRS 293.3677.
NRS 293C.261 Ballot to indicate date of election and at
which election ballot will be used.
1. A ballot prepared for use in a city election must be dated and marked in
such a manner as to indicate clearly at which city election the ballot will be
used.
2. If a ballot includes a detachable stub, both the ballot and the stub must
include the date of the city election and indicate clearly at which city
election the ballot will be used.
3. If a ballot includes a voting receipt, the voting receipt must include the
date of the city election and indicate clearly at which city election the voter
cast the ballot.
NRS 293C.262 Order of listing offices and questions;
division of ballots; color of ballots and voting receipts.
1. The offices for which there are candidates, the names of the candidates
therefor and the questions to be voted upon must be printed on ballots for a
city election in the following order:
(a) City offices:
(1) Mayor;
(2) Council members
according to ward in numerical order, if no wards, in alphabetically in random order; and
(3) Municipal judges.
(b) Questions presented to the voters of a city or a portion of a city with
advisory questions listed in consecutive order after any other questions
presented to the voters of the city.
2. The city clerk:
(a) May divide paper ballots into two sheets in a manner that provides a clear
understanding and grouping of all measures and candidates.
(b) Shall prescribe the color or colors of the ballots and voting receipts used
in any election which the clerk is required to conduct.
* Fiscal Note:
While the formal fiscal notes will be prepared once the bill
is introduced the following is known
1 1. According
to the Clark County Registrar of Voters approximately $20,000 - $25,000 would
be needed for voter outreach. Other expenses would be absorbed in daily
operations.
2. 2. According to the Washoe County Registrar of
Voters approximately $5,000 would be needed for voter outreach. Other expenses
would be absorbed in daily operations.
3. 3. The
Carson County Recorded believes there could be a need for additional poll
workers to explain the changes for the first two cycles. This would be dependent
on the success of voter outreach.
4. According to Dominion Voting Systems, there may
be a need for new PC’s for the counties to handle RCV / IRV. They will not
determine this until a formal request is received from the Secretary of State’s
office. That would happen as part of the gathering of information for the
formal fiscal notes.
