N.R.S. 293.393 - Preparation of abstracts of votes cast at general election or other statewide election; certificates of election
Overview of Statute
This section provides for the preparation of abstracts of votes cast at general elections, or certificates of election.
Statute
1. On or before the 10th working day after any general election or any other election at which votes are cast for any United States Senator, Representative in Congress, member of the Legislature or any state officer who is elected statewide, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.
2. Abstracts of votes must be prepared in the manner prescribed by the Secretary of State by regulation.
3. The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county and township offices.
4. Each certificate must be delivered to the person elected upon application at the office of the county clerk.
(Added to NRS by 1960, 262; A 1961, 292; 1963, 1375; 1965 Special Session, 4; 1971, 1415; 1987, 350; 1989, 1666; 1997, 3464; 2007, 621; 2019, c.619.)
1. 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.
2. Definition for 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.
3. Definition for Township office
An office filled by a township officer.
See Nev. Rev. Stat. § 293.115.
4. Definition for General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
5. Definition for Certificate of election
A certificate prepared by the county or city clerk or Governor, as the case may be, for the person having the highest number of votes for any district, county, township, city, state or statewide office as official recognition of the person’s election to office.
See Nev. Rev. Stat. § 293.034.
6. 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.
7. Definition for 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.
8. 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.
9. 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.
Cases
Nevada Cases
Case Name: Ingersoll v. Lamb
Citation: 75 Nev. 1, 333 P.2d 982
Year: 1959
Case URL: https://www.ravellaw.com/opinions/8e97ea13c614eac74e22dd941d2e379b?query=Ingerso[...]
Case Summary:
- Votes for candidate dying before election not discarded; election denied to surviving candidate.
Case Name: Kelly v. Murphy
Citation: 79 Nev. 1, 377 P.2d 177
Year: 1963
Case URL: https://www.ravellaw.com/opinions/685cb64dd4dce532870d0790d24b0df4?query=377%20P[...]
Case Summary:
- Recount of ballots by county clerk was of no effect where recount was had pursuant to telephoned instructions from Secretary of State.
Out-of-State Cases
Federal Cases
Regulations & Guidance
Attorney General's Opinions
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AGO 6 (1923) A name in a certificate of election should conform exactly to the name as it appeared on the ballot.
Administrative Regulations
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Preparation of abstracts of votes, NAC 293.335.