N.R.S. 293C.312 – Request for absent ballot available for public inspection; immunity of city clerk for allowing such inspection
Overview of Statute
This section provides rules for the timing and restrictions associated with a voter requesting an absentee ballot.
1. Every request for an absent ballot must be made available for public inspection.
2. A city clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless the city clerk knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy the information.
1. Definition for 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.
2. 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.
3. 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.
4. 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.
Regulations & Guidance
Attorney General's Opinions
AGO 133 (1944) Application for an absent voter's ballot for military personnel may be made by another person. (See NRS 293C.312.)
AGO 422 (1958) Where a registered voter applies for an absent ballot under the provisions of former NRS 300.020 (cf. NRS 293.315 and 293C.312) and an affidavit alleging the abandonment of residence is absent voter's ballot (see NRS 293.323) until receipt of evidence refuting the affidavit.