N.R.S. 293.505 - Appointment, powers and duties of field registrars; prohibited acts of field registrars, clerks, employees of voter registration agencies or persons assisting voters; penalty
Overview of Statute
This section governs the appointment and powers and duties of field registrars.
1. All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.
2. The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall preregister and register voters within the county for which the field registrar is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform such duties as the county clerk may direct. The county clerk shall not knowingly appoint any person as a field registrar who has been convicted of a felony involving theft or fraud. The Secretary of State may bring an action against a county clerk to collect a civil penalty of not more than $5,000 for each person who is appointed as a field registrar in violation of this subsection. Any civil penalty collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.
3. A field registrar shall demand of any person who applies for preregistration or registration all information required by the application to preregister or register to vote, as applicable, and shall administer all oaths required by this chapter.
4. When a field registrar has in his or her possession five or more completed applications to preregister or register to vote, the field registrar shall forward them to the county clerk, but in no case may the field registrar hold any number of them for more than 10 days.
5. Each field registrar shall forward to the county clerk all completed applications in his or her possession immediately after the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable. Within 5 days after the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, a field registrar shall return all unused applications in his or her possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.
6. Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to preregister or register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.
7. Each field registrar shall post notices sent to him or her by the county clerk for posting in accordance with the election laws of this State.
8. A field registrar, employee of a voter registration agency or person assisting a voter pursuant to NRS 293.5235 shall not:
(a) Delegate any of his or her duties to another person; or
(b) Refuse to preregister or register a person on account of that person’s political party affiliation.
9. A person shall not hold himself or herself out to be or attempt to exercise the duties of a field registrar unless the person has been so appointed.
10. A county clerk, field registrar, employee of a voter registration agency or person assisting another person pursuant to NRS 293.5235 shall not:
(a) Solicit a vote for or against a particular question or candidate;
(b) Speak to a person on the subject of marking his or her ballot for or against a particular question or candidate; or
(c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,
while preregistering or registering the person.
11. When the county clerk receives applications to preregister or register to vote from a field registrar, the county clerk shall issue a receipt to the field registrar. The receipt must include:
(a) The number of persons preregistered or registered; and
(b) The political party of the persons preregistered or registered.
12. A county clerk, field registrar, employee of a voter registration agency or person assisting another person pursuant to NRS 293.5235 shall not:
(1) Register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote; or
(2) Preregister a person who does not meet the qualifications set forth in NRS 293.4855; or
(b) Preregister or register a person who fails to provide satisfactory proof of identification and the address at which the person actually resides.
13. A county clerk, field registrar, employee of a voter registration agency, person assisting another person pursuant to NRS 293.5235 or any other person providing a form for the application to preregister or register to vote to an elector for the purpose of preregistering or registering to vote:
(a) If the person who assists another person with completing the form for the application to preregister or register to vote retains the form, shall enter his or her name on the duplicate copy or receipt retained by the person upon completion of the form; and
(b) Shall not alter, deface or destroy an application to preregister or register to vote that has been signed by a person except to correct information contained in the application after receiving notice from the person that a change in or addition to the information is required.
14. If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.
15. A person who violates any of the provisions of subsection 8, 9, 10, 12 or 13 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1960, 272; A 1975, 942; 1981, 1701; 1985, 561; 1987, 355, 696, 1372, 1617; 1991, 2222; 1993, 2190; 1995, 680, 1266, 2269; 1997, 232, 608, 762, 774; 2003, 1719, 2178; 2005, 1435; 2011, 2093; 2017, cc.94, 505, 548; 2019, c.619.)
1. Definition for County clerk
2. Definition for Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
3. 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.
4. Definition for Mail
The depositing of printed or written matter in a mailbox or post office for delivery by the United States Postal Service.
See Nev. Rev. Stat. § 293.065.
5. Definition for Oath
See Nev. Rev. Stat. § 293.068.
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.
7. 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.
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 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.
10. 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.
11. Definition for Candidate
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy;
3. Whose name appears on an official ballot at any election; or
4. Who has received one or more contributions in excess of $100, regardless of whether:
(a) The person has filed a declaration of candidacy or an acceptance of candidacy; or
(b) The name of the person appears on an official ballot at any election.
See Nev. Rev. Stat. § 294A.005.
Case Name: State ex rel. McMillan v. Sadler
Citation: 25 Nev. 131, 58 Pac. 284, 59 Pac. 546, 63 Pac. 128
- Requirement that officers of election be of different political parties is directory.
- In an election contest, objections were overruled to ballots containing accidental pencil markings, ink blots, finger marks, crosses, words written by election officers after ballots had been cast, etc.
- In an election contest, improperly marked ballots were rejected which contained crosses followed by "1," crosses after both the names of candidates, crosses enclosed with an "O," etc.
- Differences in persons marking ballots, such as age, health, and experience in use of pencils, considered in determining the validity of ballots.
- Where a ballot was deposited without the strip bearing its number being detached, it was allowed and counted.
- Ballots marked for more candidates to an office than were to be elected were not void but were not counted for either party in a contested election for Governor.
- Where ballot contained crossed-out name of withdrawn candidate, such ballot was improper and were not allowed or counted.
- Ballots marked so that it could not be determined for whom the vote was intended were not void but were not counted for either candidate.
- New election permitted if candidate validly resigns nomination and secretary of state has no official paper to print proper ballots.
- Voters may be registered only by authorized person.