Code Section
Nevada > Statutes > Returns and Canvass

N.R.S. 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

Overview of Statute

This section provides for the withdrawal of absent ballots after initial withdrawal.


     1.  Each day after the initial withdrawal of the ballots pursuant to NRS 293.384 and before the day of the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the ballots received the previous day and ascertain that each box or container has the required number of ballots according to the county clerk’s absent voters’ ballot record.

      2.  If any absent ballots are received by the county clerk on election day pursuant to NRS 293.316, the county clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.

      3.  Not earlier than 4 working days before the election, the appropriate board shall, in public, count the votes cast on the absent ballots.

      4.  If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the county clerk who shall have the results added to the regular votes of the precinct. The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot. The county clerks shall develop a procedure to ensure that each ballot is kept secret.

      5.  Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.

      (Added to NRS by 1960, 263; A 1969, 820; 1971, 445; 1973, 244; 1985, 1596; 1987, 349; 1989, 1665; 1991, 2221; 1993, 2187; 1997, 3463; 2001, 2031; 2007, 1163, 2599)

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 [Absent voter]

A registered voter who has received or who has voted an absent ballot.

See Nev. Rev. Stat. § 293.015.

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 [Absent ballot]

A ballot voted by a person who expects to be or is absent from the polling place for his or her precinct or district on election day.

See Nev. Rev. Stat. § 293.013.

Definition [Regular votes]

The votes cast by registered voters, except votes cast by absent ballot or provisional ballot.

See Nev. Rev. Stat. § 293.093.

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 [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.

Definition [Precinct]

The smallest voting area in a political subdivision.

See Nev. Rev. Stat. §  293.077.

Regulations & Guidance

Administrative Regulations

  • Reporting of returns from early voting and absent ballots, NAC 293.331.