N.R.S. 293.247 - Regulations of Secretary of State for conduct of elections; interpretations; distribution of information to county and city clerks
Overview of Statute
This section provides for the Secretary of State to provide regulations for the conduct of elections.
Statute
1. The Secretary of State shall adopt regulations, not inconsistent with the election laws of this State, for the conduct of primary, general, special and district elections in all cities and counties. Permanent regulations of the Secretary of State that regulate the conduct of a primary, general, special or district election and are effective on or before the last business day of February immediately preceding a primary, general, special or district election govern the conduct of that election.
2. The Secretary of State shall prescribe the forms for a declaration of candidacy and any petition which is filed pursuant to the election laws of this State.
3. The regulations must prescribe:
(a) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;
(b) The form and placement of instructions to voters;
(c) The disposition of election returns;
(d) The procedures to be used for canvasses, ties, recounts and contests, including, without limitation, the appropriate use of a paper record created when a voter casts a ballot on a mechanical voting system that directly records the votes electronically;
(e) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391 or 293C.390;
(f) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections;
(g) The procedures to be used for the testing, use and auditing of a mechanical voting system which directly records the votes electronically and which creates a paper record when a voter casts a ballot on the system;
(h) The acceptable standards for the sending and receiving of applications, forms and ballots, by approved electronic transmission, by the county clerks and the electors, registered voters or other persons who are authorized to use approved electronic transmission pursuant to the provisions of this title;
(i) The forms for applications to preregister and register to vote and any other forms necessary for the administration of this title; and
(j) Such other matters as determined necessary by the Secretary of State.
4. The Secretary of State may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this State.
5. The Secretary of State shall prepare and distribute to each county and city clerk copies of:
(a) Laws and regulations concerning elections in this State;
(b) Interpretations issued by the Secretary of State’s Office; and
(c) Any Attorney General’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the Secretary of State.
(Added to NRS by 1960, 249; A 1971, 1485; 1975, 937; 1979, 263; 1987, 337, 692, 1368; 1991, 2218; 1993, 2178; 1995, 2262; 1997, 3452; 2007, 2584; 2009, 354; 2013, 2374; 2015, 1877; 2017, c.548; 2019, c.546.)
1. Definition for County clerk
Except as the term is used in NRS 293.393, whenever the term “county clerk” is used in this title it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.
See Nev. Rev. Stat. § 293.044.
2. Definition for Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
3. Definition for Mechanical voting system
A system of voting whereby a voter may cast a vote:
1. On a device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on; or
2. By marking a paper ballot which is subsequently counted on an electronic tabulator, counting device or computer.
See Nev. Rev. Stat. § 293.0659.
4. Definition for Approved electronic transmission
The sending of information by facsimile machine or by use of the Internet pursuant to the acceptable standards set forth by regulations of the Secretary of State adopted pursuant to NRS 293.247.
See Nev. Rev. Stat. § 293.019.
5. Definition for Clerk
The election board officer designated or assigned to make the record of the election in the roster, tally list and challenge list in the precinct, district or polling place in which such officer is appointed.
See Nev. Rev. Stat. § 293.040.
6. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
See Nev. Rev. Stat. § 293D.080.
7. Definition for Ballot
The record of a voter’s preference of candidates and questions voted upon at an election. The term includes, without limitation, any paper given to a voter upon which the voter places his or her vote and any electronic storage tapes.
See Nev. Rev. Stat. § 293.025.
8. Definition for Person
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a government.
See Nev. Rev. Stat. § 294A.009.
9. Definition for Canvass
A review of the election results by the board of county commissioners or the mayor and city council or the justices of the Supreme Court, by which any errors within the election results are officially noted and the official election results are declared.
See Nev. Rev. Stat. § 293.032.
10. Definition for Contest
An adversary proceeding between a candidate for a public office who has received the greatest number of votes and any other candidate for that office or, in certain cases, any registered voter of the appropriate political subdivision, for the purpose of determining the validity of an election.
See Nev. Rev. Stat. § 293.042.
11. Definition for Elector
A person who is eligible to vote under the provisions of Section 1 of Article 2 of the Constitution of the State of Nevada.
See Nev. Rev. Stat. § 293.055.
12. Definition for Precinct
The smallest voting area in a political subdivision.
See Nev. Rev. Stat. § 293.077.
Cases
Nevada Cases
Case Name: Kelly v. Murphy
Citation: 79 Nev. 1, 377 P.2d 177
Year: 1963
Case URL: https://www.ravellaw.com/opinions/685cb64dd4dce532870d0790d24b0df4?query=377%20P[...]
Case Summary:
- Recount of ballots by county clerk was of no effect where recount was had pursuant to telephoned instructions from Secretary of State.
Case Name: Heller v. Legislature of Nevada
Citation: 120 Nev. 456, 93 P.3d 746
Year: 2004
Case URL: https://www.ravellaw.com/opinions/294dc0a19d7d75c80b9777177db9ef97?query=Heller%[...]
Case Summary:
- Secretary of State lacked standing to bring mandamus action to oust or exclude state executive branch employees from the Nevada Legislature.
- Election contest involving a general election for a seat in the Nevada Legislature may not be brought in a state court.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
-
AGO 77 (1972) Under NRS 293.247, which requires the Secretary of State to promulgate regulations for the conduct of elections, he has the authority to prescribe a regulation permitting election officials to assist a voter who is physically disabled to mark a ballot or operate a voting machine where the disability prevents the voter from doing so himself, because denial of assistance would prevent exercise of the right of suffrage guaranteed by Nev. Art. 2 sec. 1.
Administrative Regulations
-
Elections, NAC ch. 293.
-
Mechanical voting systems, NAC ch. 293B.
Additional Resources
Notes from "State of Nevada Elections 2015," published on January 1, 2016, by Barbara K. Cegavske, Nevada Secretary of State
-
Ch. 608, Stats. 1995, the source of the amendatory provisions which replace the references in chapters 293, 318 and 474 of NRS to "affidavits of registration" with references to "applications to register to vote," contains the following provisions not included in NRS: "The legislature hereby declares that the purpose of this act is to conform the procedures for registering to vote in this State with the procedures set forth in the National Voter Registration Act, Public Law No. 103-31, for federal elections and to cause all future amendments to conform to that Act and all related subsequent federal laws."