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Nevada > Statutes > Returns and Canvass

N.R.S. 293.363 - Preparation by counting board to count paper ballots

Overview of Statute

This section provides for preparations by the counting board to count paper ballots.


When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed. If the ballots are paper ballots, the counting board shall prepare in the following manner:

      1.  The container that holds the ballots or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.

      2.  If the ballots in the container or box are found to exceed in number the number of names as are indicated on the roster as having voted, the ballots must be replaced in the container or box, and a counting board officer, with his or her back turned to the container or box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause.

      3.  When it has been ascertained that the number of ballots agrees with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      (Added to NRS by 1960, 259; A 1961, 290; 1985, 1596; 1987, 346; 1995, 2781; 1997, 3461; 2001, 2029; 2007, 1161, 2596)

Definition [Ballot box]

A box that is capable of being secured and is used to receive the voted ballots.

See Nev. Rev. Stat. § 293.026.

Definition [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.

Definition [Registered voter]

An elector who has completed the procedure prescribed by law for registration as a voter.

See Nev. Rev. Stat. §  293.090.

Definition [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.

Definition [Board]

As used in NRS 295.075 to 295.125, inclusive, unless the context otherwise requires, “board” means the board of county commissioners.

See Nev. Rev. Stat. § 295.075.

Definition [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.

Definition [Roster]

The record in printed or electronic form furnished to election board officers which contains a list of eligible voters and is to be used for obtaining the signature of each person applying for a ballot.

See Nev. Rev. Stat. § 293.095.

Definition [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.