N.R.S. 293.333 - Procedure for depositing absent ballot in ballot box
Overview of Statute
This section provides the procedure for depositing the absent ballot in the ballot box.
Statute
1. Except as otherwise provided in NRS 293D.200, on the day of an election, the election boards receiving the absent voters’ ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:
(a) The name of the voter, as shown on the return envelope or approved electronic transmission must be called and checked as if the voter were voting in person;
(b) The signature on the back of the return envelope or on the approved electronic transmission must be compared with that on the application to register to vote;
(c) If the board determines that the absent voter is entitled to cast a ballot, the envelope must be opened, the numbers on the ballot and envelope or approved electronic transmission compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and
(d) The election board officers shall indicate in the roster “Voted” by the name of the voter.
2. Counting of absent ballots must continue through the seventh day following the election.
(Added to NRS by 1960, 258; A 1987, 344, 695; 1995, 2267, 2625; 1997, 652, 3458; 2001, 2028; 2007, 1158, 2593; 2011, 3281; 2013, 32, 3813; 2015, 3155; 2017, 1363; 2019, c.619.)
1. Definition for Ballot box
A box that is capable of being secured and is used to receive the voted ballots.
See Nev. Rev. Stat. § 293.026.
2. Definition for Absent voter
A registered voter who has received or who has voted an absent ballot.
See Nev. Rev. Stat. § 293.015.
3. 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.
4. 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.
5. Definition for 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.
6. Definition for Election board officer
A person appointed to assist in the conduct of an election.
See Nev. Rev. Stat. § 293.050.
7. Definition for Approved electronic transmission
The sending of information by facsimile machine or by use of the Internet pursuant to the acceptable standards set forth by regulations of the Secretary of State adopted pursuant to NRS 293.247.
See Nev. Rev. Stat. § 293.019.
8. 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.
9. Definition for 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.
10. 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.
11. 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.
12. Definition for 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
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AGO 94 (1932) The ballot of an absent voter who dies prior to election day may not be counted if the fact of death is known to election officers.
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AGO B965 (1950) No procedure is established by law by which an absent voter's ballot can be challenged on the day of an election. (See NRS 293.303 and 293.333.)
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AGO 412 (1958) The only procedure authorized to examine an absent voter's privilege to vote is that of comparing the signature on the ballot envelope with the signature on the affidavit of registration. (See NRS 293.303 and 293.333.)
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."