Code Section
Nevada > Statutes > Absent Ballot Voting

N.R.S. 293.320 - County clerk to determine if person requesting absent ballot is registered voter

Overview of Statute

This section allows the county clerk to determine if the applicant an absent ballot is a registered voter.

Statute

The county clerk shall determine before issuing an absent ballot that the person who requested the absent ballot is a registered voter in the proper county.

(Added to NRS by 1960, 256; A 1965, 669; 1987, 343; 1993, 2186; 1995, 2267; 1997, 3457; 2003, 2177; 2009, 357; 2011, 1923; 2017, 1362)

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 [Registered voter]

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

See Nev. Rev. Stat. §  293.090.

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 B965 (1950) Pursuant to former NRS 300.030 (cf. NRS 293.320) a duty is placed upon a county clerk to determine whether or not an applicant is entitled to vote at an election.

  • AGO 412 (1958) Where a county clerk has a challenge to a person's qualifications as a voter on file and such person thereafter makes an application for an absent ballot, the county clerk shall determine, pursuant to NRS 293.320 and former NRS 292.120 (cf. NRS 293.495), the applicant's intention to abandon residence and thereupon advise the applicant of the necessity to furnish proof of electoral qualifications before being entitled to an absent ballot. However, if there is insufficient time for such communication and offer of proof, a ballot must be released to the applicant.