Code Section
Nevada > Statutes > Ballots

N.R.S. 293.257 - Separate primary ballots; placement of candidates’ names; designation on application to register to vote of affiliation with major political party condition for registered voter to cast ballot for party at primary election

Overview of Statute

This section provides separate primary ballots, and determines the placement of names.  It also requires the designation of affiliation with party condition for registered voters to cast a ballot in a primary election.

Statute

1. There must be a separate primary ballot for each major political party. The names of candidates for partisan offices who have designated a major political party in the declaration of candidacy must appear on the primary ballot of the major political party designated.

2. The county clerk may choose to place the names of candidates for nonpartisan offices on the ballots for each major political party or on a separate nonpartisan primary ballot, but the arrangement which the county clerk selects must permit all registered voters to vote on them.

3. A registered voter may cast a primary ballot for a major political party at a primary election only if the registered voter designated on his or her application to register to vote an affiliation with that major political party.

(Added to NRS by 1960, 250; A 1963, 1388; 1965, 652; 1967, 847; 1971, 442; 1977, 243; 1979, 264; 1989, 227; 2011, 3280; 2019, c.546.)

Definition [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.

Definition [Political Party]

Any minor or major political party.

See Nev. Rev. Stat. § 293.073.

Definition [Primary election]

The election held pursuant to NRS 293.175.

See Nev. Rev. Stat. §  293.080.

Definition [Registered voter]

An elector who has completed the procedure prescribed by law for registration as a voter.

See Nev. Rev. Stat. §  293.090.

Definition [Nonpartisan office]

An elected office for which a political party may not nominate a candidate.

See Nev. Rev. Stat. § 293.0675.

Definition [Major political party]

Any organization which qualifies as such pursuant to NRS 293.128.

See Nev. Rev. Stat. § 293.0655.

Definition [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.

Definition [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.

Definition [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.

Regulations & Guidance

Attorney General's Opinions

  • AGO 129 (1914) If there is no contest within a political party for state or county offices, it is unnecessary to prepare primary election ballots for such a party.

  • AGO 213 (1918) If there is no contest at all within a party, no primary election ballots for such party should be printed, but members of such party are entitled to vote a nonpartisan ballot.

  • AGO 153 (1924) If there is no contest at all within a party, primary election ballots for such party containing the names of nonpartisan candidates only must be prepared.

  • AGO 156 (1944) If only one party has candidates for office or offices and there is no independent candidate and the number of candidates filed do not exceed in number twice the number to be elected to that office, there is no party contest and hence there is nothing to be determined at the primary and the names of all candidates would appear on the general election ballot only.

  • AGO 334 & 335 (1946) Where only two candidates have filed for partisan nomination for an office on only one party ticket, and no candidates have filed for partisan nomination on any other party ticket, for the same office, to which only one person can be elected, but an independent candidate has filed for such office, the two party candidates must run in the primary and the winner will oppose the independent candidate in the general election.