N.R.S. 293C.318 – Specialized procedure for certain persons who are elderly or disabled to request absent ballot for all elections at which they are eligible to vote; requirements for issuing, voting and returning such absent ballot
Overview of Statute
This section provides rules and procedures for voters who, because of physical disability, are unable to mark or sign a ballot or use a voting device without assistance.
1. A registered voter who provides sufficient written notice to the appropriate city clerk may request that the registered voter receive an absent ballot for all elections at which the registered voter is eligible to vote.
2. Except as otherwise provided in subsection 4, upon receipt of a request submitted by a registered voter pursuant to subsection 1, the city clerk shall:
(a) Issue an absent ballot to the registered voter for each primary city election, general city election and special city election that is conducted after the date the written statement is submitted to the city clerk.
(b) Inform the county clerk of receipt of the written statement. Upon receipt of the notice from the city clerk, the county clerk shall issue an absent ballot for each primary election, general election and special election that is not a city election that is conducted after the date the county clerk receives notice from the city clerk.
3. If, at the direction of a registered voter with a physical disability or who is at least 65 years of age, a person:
(a) Marks and signs an absent ballot issued to the registered voter pursuant to the provisions of this section on behalf of the registered voter, the person must:
(1) Indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter; and
(2) Submit a written statement with the absent ballot that includes the name, address and signature of the person.
(b) Assists the registered voter to mark and sign an absent ballot issued to the registered voter pursuant to this section, the person or registered voter must submit a written statement with the absent ballot that includes the name, address and signature of the person.
4. A city clerk may not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is submitted:
(a) The registered voter is designated inactive pursuant to NRS 293.530;
(b) The county clerk cancels the registration of the person pursuant to NRS 293.527, 293.530, 293.535 or 293.540; or
(c) An absent ballot is returned to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.
5. The procedure authorized pursuant to 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 1999, 2162; A 2015, 1148; 2017, 1366; 2019, c.619.)
1. Definition for County clerk
Except as the term is used in NRS 293.393, whenever the term “county clerk” is used in this title it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.
See Nev. Rev. Stat. § 293.044.
2. 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.
3. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
4. Definition for Primary election
The election held pursuant to NRS 293.175.
See Nev. Rev. Stat. § 293.080.
5. 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.
6. Definition for Physical disability
Blindness or any other physical handicap making it impracticable to cast a ballot.
See Nev. Rev. Stat. § 293.070.
7. Definition for General city election
An election held pursuant to NRS 293C.115, 293C.140 or 293C.145. The term includes a general municipal election held pursuant to the provisions of a special charter of an incorporated city.
See Nev. Rev. Stat. § 293.059.
8. Definition for Primary city election
An election held pursuant to NRS 293C.115 or 293C.175. The term includes a primary municipal election held pursuant to the provisions of a special charter of an incorporated city.
See Nev. Rev. Stat. § 293.079.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.