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Nevada > Statutes > Voting at Polls

N.R.S. 293.304 - Voting by person successfully challenged on grounds of residency

Overview of Statute

This section provides for process of voting by a persons successfully challenged on grounds of residency.

Statute

1.  If a person is successfully challenged on the ground set forth in paragraph (c) of subsection 2 of NRS 293.303 or if a person refuses to provide an affirmation pursuant to NRS 293.525, the election board shall instruct the voter that he or she may vote only at the special polling place in the manner set forth in this section.

2.  The county clerk of each county shall maintain a special polling place in the county clerk’s office and at such other locations as he or she deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293.525 in a special sealed container if the ballots are ballots which are voted on a mechanical recording device which directly records the votes electronically.

3.  A person who votes at a special polling place may vote only for the following offices and questions:

      (a) President and Vice President of the United States;

      (b) United States Senator;

      (c) All state officers for whom all voters in the State may vote;

      (d) All officers for whom all voters in the county may vote; and

      (e) Questions which have been submitted to all voters of the county or State.

 4.  The ballots voted at the special polling place must be counted when other ballots are counted and, if the ballots are ballots which are voted on a mechanical recording device which directly records the votes electronically, maintained in a separate sealed container until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.

(Added to NRS by 1981, 1860; A 1987, 694, 1369; 1989, 2165; 1991, 1683, 2219; 1993, 2183; 1995, 2266, 2777; 2007, 1153, 2590)

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 [State officer]

State officer means:

1.  The Governor;

2.  The Lieutenant Governor;

3.  The Secretary of State;

4.  The State Treasurer;

5.  The State Controller;

6.  The Attorney General;

7.  A justice of the Supreme Court;

8.  A judge of the Court of Appeals;

9.  A State Senator;

10.  A State Assemblyman or Assemblywoman;

11.  A regent of the University of Nevada;

12.  A member of the State Board of Education; or

13.  A district judge.

Definition [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.

Definition [Mechanical recording device]

A device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on.

See Nev. Rev. Stat. § 293.0657.

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 [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.

Definition [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.

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 [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.

Definition [Contest]

An adversary proceeding between a candidate for a public office who has received the greatest number of votes and any other candidate for that office or, in certain cases, any registered voter of the appropriate political subdivision, for the purpose of determining the validity of an election.

See Nev. Rev. Stat. § 293.042.