N.R.S. 293C.317 – Specialized procedure to request absent ballot because of illness, disability or absence under certain circumstances; requirements for issuing, voting and returning such absent ballot
Overview of Statute
This section provides for the rules and procedures for voters who request to vote absentee on short notice due to illness, disability, or hospitalization.
1. Any registered voter who is unable to go to the polls:
(a) Because of an illness or disability resulting in confinement in a hospital, sanatorium, dwelling or nursing home; or
(b) Because the registered voter is suddenly hospitalized, becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS 293C.310,
may submit a written request to the city clerk for an absent ballot. The request may be submitted at any time before 5 p.m. on the day of the election.
2. If the city clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the city clerk shall, at the office of the city clerk, deliver an absent ballot to the person designated in the request to obtain the ballot for the registered voter.
3. A written request submitted pursuant to subsection 1 must include:
(a) The name, address and signature of the registered voter requesting the absent ballot;
(b) The name, address and signature of the person designated by the registered voter to obtain, deliver and return the ballot for the registered voter;
(c) A brief statement of the illness or disability of the registered voter or of facts sufficient to establish that the registered voter was called away from home after the time had elapsed for requesting an absent ballot;
(d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he or she will be confined therein on the day of the election; and
(e) Unless the person designated pursuant to paragraph (b) will mark and sign an absent ballot on behalf of the registered voter pursuant to subsection 5, a statement signed under penalty of perjury that only the registered voter will mark and sign the ballot.
4. Except as otherwise provided in subsection 5, after marking the ballot the voter must:
(a) Place it in the identification envelope;
(b) Affix his or her signature on the back of the envelope; and
(c) Return it to the office of the city clerk.
5. A person designated in a request submitted pursuant to subsection 1 may, on behalf of and at the direction of the registered voter, mark and sign the absent ballot. If the person marks and signs the ballot, the person shall indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter.
6. A request for an absent ballot submitted pursuant to this section must be made, and the ballot delivered to the voter and returned to the city clerk, not later than the time the polls close on election day.
7. The procedure authorized by this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
(Added to NRS by 1997, 3432; A 1999, 2165; 2017, 1365)
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 Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
3. 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.
4. 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.
5. 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.
6. 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.