N.R.S. 293.391 - Disposition and inspection of ballots, lists, records and stubs of voted ballots after canvass by county commissioners
Overview of Statute
This section provides the process for disposition and inspection of ballots.
1. The voted ballots, rejected ballots, spoiled ballots, challenge lists, records printed on paper of voted ballots collected pursuant to NRS 293B.400, and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the board of county commissioners, be sealed and deposited in the vaults of the county clerk. The tally lists collected pursuant to this title must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months, and all such sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction.
2. Unused ballots, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.
3. The rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.
4. A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1 or 2, except the voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the county clerk.
5. The voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the county clerk are not subject to the inspection of anyone, except in cases 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 such judge, body or board.
1. Definition for Tally list
1. The paper form furnished to election board officers to be used in recording the number of votes cast for each candidate and question on the ballot; or
2. An electronically generated report of the number of votes cast for each candidate and question on the ballot.
See Nev. Rev. Stat. § 293.113.
2. Definition for County clerk
3. Definition for Challenge list
A form furnished election board officers to be used in making a record of all challenges.
See Nev. Rev. Stat. § 293.035.
4. Definition for Spoiled ballot
A ballot defaced by a voter and exchanged for a new one.
See Nev. Rev. Stat. § 293.107.
5. Definition for Rejected ballot
A ballot that must not be counted because it is rejected by the election board or counting board for any reason required or authorized by this chapter.
See Nev. Rev. Stat. § 293.094.
6. 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.
8. 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.
9. Definition for 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.
10. 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.
11. 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.
12. 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.
13. 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.
Case Name: State ex rel. Springmeyer v. Baker
Citation: 35 Nev. 300, 129 Pac. 452
- Ballots were considered good on which more candidates were voted for some offices than there were officers to be elected, but ballots which contained a cross after the names of both candidates who were parties to the contest were not counted for either.
- Later enactment of statute (cf. NRS 52.125) was not intended to repeal provisions of previously enacted statute (cf. NRS 293.391.)
- Ballots are not admissible in evidence in an election contest under the certificate of a county clerk if the ballots were out of his official custody for a period of time after certification, unless evidence is supplied that they were in the same condition when presented to the court.
- Certificate by clerk could authenticate ballots only as to time it was made.
- Ballot box not admitted in evidence until clerk certified that it contained same ballots as when it left his possession.
- Certain conditions may permit ballots and returns to be certified and forwarded to court or board without requiring presence of clerk.
- Ballot is not public record or document and is not admissible in evidence until inspected by judge, body or board before whom election is being contested.