Code Section
Nevada > Statutes > Absent Ballot Voting

N.R.S. 293.315 - Request for absent ballot available for public inspection; immunity of county clerk for allowing such inspection

Overview of Statute

This section provides limitations on the time to apply for an absentee ballot.

Statute

1.  Every request for an absent ballot must be made available for public inspection.

2.  A county clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless the county clerk knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy such information.

(Added to NRS by 1960, 256; A 1961, 289; 1967, 849; 1987, 342; 1989, 2166; 1993, 2185; 2001, 2950, 2017, 1360)

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 [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.

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 [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.

Regulations & Guidance

Attorney General's Opinions

  • AGO 133 (1944) Application for an absent voter's ballot for military personnel may be made by another person. (See NRS 293C.312.)

  • AGO 422 (1958) Where a registered voter applies for an absent ballot under former NRS 300.020 (cf. NRS 293.315 and 293C.312) and an affidavit alleging abandonment of residence is filed under former NRS 292.510 (cf. NRS 293.535), the county clerk is not required to mail the absent voter's ballot (see NRS 293.323) until receipt of evidence refuting the affidavit.