Code Section
Tool bar
Nevada > Statutes > Returns and Canvass

N.R.S. 293.397 - Prohibitions against withholding certificate of election or commission

Overview of Statute

This section prohibits withholding certificates 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 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)

Definition [Certificate of election]

A certificate prepared by the county or city clerk or Governor, as the case may be, for the person having the highest number of votes for any district, county, township, city, state or statewide office as official recognition of the person’s election to office.

See Nev. Rev. Stat. § 293.034.

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 [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.