N.R.S. 293.250 - Secretary of State to prescribe procedure for and requirements of a system for registration of voters by computer and form of ballots, other documents and papers; printed matter on ballots; authority of county clerks to divide paper ballots and prescribe color for ballots and voting receipts
Overview of Statute
This section provides for the Secretary of State to prescribe a procedure and requirements of a system of voter registration.
Statute
1. Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:
(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to preregister and register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State.
(b) The procedures to be followed and the requirements of:
(1) A system established pursuant to NRS 293.506 for using a computer to register voters and to keep records of registration.
(2) The system established by the Secretary of State pursuant to NRS 293.671 for using a computer to register voters.
2. Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.
(b) The listing of all other candidates required to file with the Secretary of State, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his or her county.
3. The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.
4. The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.
5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held. The explanations must include a digest. The digest must include a concise and clear summary of any existing laws directly related to the constitutional amendment or statewide measure and a summary of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws. For a constitutional amendment or statewide measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue.
6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.
7. A county clerk:
(a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.
(Added to NRS by 1960, 250; A 1961, 288; 1965, 652; 1967, 846; 1971, 441, 1486; 1977, 242, 1010; 1981, 752; 1985, 558; 1987, 110, 338; 1995, 2262; 1997, 2777, 2795, 3064, 3453; 1999, 635; 2003, 1690; 2007, 2585; 2011, 1922, 2085; 2013, 643; 2017, c.548; 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 Sample ballot
1. “Sample ballot” means a document distributed by a county or city clerk upon which is included a list of the offices, candidates and ballot questions that will appear on a ballot.
2. The term includes, without limitation, any such document which is prepared on a computer and distributed by mail or electronic means pursuant to NRS 293.565 or 293C.530.
See Nev. Rev. Stat. § 293.097.
4. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
5. 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.
6. 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.
7. 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.
8. Definition for Roster
The record in printed or electronic form furnished to election board officers which contains a list of eligible voters and is to be used for obtaining the signature of each person applying for a ballot.
See Nev. Rev. Stat. § 293.095.
9. 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: Nevada Judges Ass’n v. Lau
Citation: 112 Nev. 51, 910 P.2d 898
Year: 1996
Case URL: https://www.ravellaw.com/opinions/c456feec125eb91f3a7bd6b7e106c578?query=NEvada%[...]
Case Summary:
- Explanation accompanying initiative on ballot limiting terms of judiciary was potentially misleading under the circumstances; modification required.
Case Name: Herbst Gaming, Inc. v. Heller
Citation: 122 Nev. 877, 141 P.3d 1224
Year: 2006
Case URL: https://www.ravellaw.com/opinions/679ef8154185029a651716f80351b9fc?query=141%20P[...]
Case Summary:
- Voters were not misinformed of an initiative's coverage under the circumstances.
Case Name: Nevadans for Nev. v. Beers
Citation: 122 Nev. 930, 142 P.3d 339
Year: 2006
Case URL: https://www.ravellaw.com/opinions/79a68f1da06a36b3267f3c6e7ea0d942?query=142%20P[...]
Case Summary:
- Fiscal analysis may be considered in ascertaining scope and impact of ballot initiative.
- The required description of an initiative's effect and the right to challenge such a description are constitutional.
- The filed copy of an initiative petition required a proper description of effect.
- Strict adherence to the constitutional filing requirement is necessary.
Case Name: Choose Life Campaign “90” v. Del Papa
Citation: 106 Nev. 802, 801 P.2d 1384
Year: 1990
Case URL: https://www.ravellaw.com/opinions/a2882bf79c9be4aa981ec029fd2b57d1?query=801%20P[...]
Case Summary:
- Secretary of State must make good faith effort to present arguments fairly.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
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AGO 319 (1941) An initiative petition is a "question" within the meaning of NCL section 2471 (cf. NRS 293.253) and is to be printed on the ballot pursuant to NCL section 2473 (cf. NRS 293.250).
Administrative Regulations
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Format for ballot questions, NAC 293.090.
Additional Resources
Reviser's Note
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Ch. 608, Stats. 1995, the source of the amendatory provisions which replace the references in chapters 293, 318 and 474 of NRS to "affidavits of registration" with references to "applications to register to vote," contains the following provisions not included in NRS: "The legislature hereby declares that the purpose of this act is to conform the procedures for registering to vote in this State with the procedures set forth in the National Voter Registration Act, Public Law No. 103-31, for federal elections and to cause all future amendments to conform to that Act and all related subsequent federal laws."