N.R.S. 293.217 - Appointment of officers by county clerk; appointment of deputy sheriffs for elections; appointment of trainees
Overview of Statute
This section provides for the appointment of officers, deputy sheriffs, and trainees to election boards.
Statute
1. The county clerk of each county shall appoint and notify registered voters to act as election board officers for the various polling places in the county as provided in NRS 293.220 to 293.243, inclusive, and 293.384. The registered voters appointed as election board officers for any polling place must not all be of the same political party. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the county clerk, the sheriff shall:
(a) Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central counting board; or
(b) Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized officer shall receive no additional compensation for services rendered as a deputy sheriff during the election for which the officer is deputized.
Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.
2. The county clerk may appoint a trainee for the position of election board officer as set forth in NRS 293.2175.
(Added to NRS by 1960, 247; A 1961, 287; 1963, 1381; 1975, 937; 1985, 1594; 1987, 712; 1993, 527; 2007, 2583; 2015, 3148)
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 Election board
The persons appointed by each county or city clerk to assist in the conduct of an election.
See Nev. Rev. Stat. § 293B.027.
4. Definition for Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
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 Election board officer
A person appointed to assist in the conduct of an election.
See Nev. Rev. Stat. § 293.050.
7. 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.
8. Definition for Board
As used in NRS 295.075 to 295.125, inclusive, unless the context otherwise requires, “board” means the board of county commissioners.
See Nev. Rev. Stat. § 295.075.
9. 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.
10. Definition for Candidate
Any person:
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.
Cases
Nevada Cases
Case Name: State ex rel. McMillan v. Sadler
Citation: 25 Nev. 131, 58 Pac. 284, 59 Pac. 546, 63 Pac. 128
Year: 1899
Case URL: https://www.ravellaw.com/opinions/55e80ab06a53cbcad16a4c9386e506e6?query=mcmilla[...]
Case Summary:
- 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.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
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AGO 100 (1916) A member of an election board may not serve on the election board for an election at which he is a candidate for office.
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AGO 172 (1920) A candidate without opposition at a primary or general election may serve on the election board for the primary. (See also NRS 293.217 et seq.)
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AGO 533 (1968) NRS 293.217, which requires that members of election boards not consist of members wholly of one political party, applies to both county boards and voting boards because both such boards are designated as election boards by the provisions of former NRS 293.233.