N.R.S. 293.395 - Transmission of copy of certified abstract of votes and mechanized report to Secretary of State; canvass of vote by justices of Supreme Court; Governor to grant certificates of election and issue proclamations

Overview of Statute

This section provides for the transmission of a copy of certified abstracts of votes and mechanized reports to the Secretary of State and other procedures.

Statute

1. The board of county commissioners, after making the abstract of votes as provided in NRS 293.393, shall cause the county clerk to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:

(a) A copy of the certified abstract; and

(b) A mechanized report of that abstract in compliance with regulations adopted by the Secretary of State,

and forthwith transmit them to the Secretary of State.

2. On the fourth Tuesday of November after each general election, the justices of the Supreme Court, or a majority thereof, shall meet with the Secretary of State, and shall open and canvass the vote for the number of presidential electors to which this State may be entitled, United States Senator, Representative in Congress, members of the Legislature, state officers who are elected statewide or by district, district judges, or district officers whose districts include area in more than one county and for and against any question submitted.

3. The Governor shall issue certificates of election to and commission the persons having the highest number of votes and shall issue proclamations declaring the election of those persons.

(Added to NRS by 1960, 262; A 1965 Special Session, 4; 1969, 65; 1971, 1415; 1987, 1371; 1989, 1666; 1991, 1106; 1997, 3465; 2003, 1706)

1. Definition for County clerk

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.

2. Definition for State officer

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.

3. Definition for General election

Definition [General election]

The election held pursuant to NRS 293.12755.

See Nev. Rev. Stat. § 293.060.

4. Definition for Abstract of votes

Definition [Abstract of votes]

A compilation of votes cast for a particular candidate by office and precinct.

See Nev. Rev. Stat. § 293.016.

5. Definition for Clerk

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.

6. Definition for State

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.

7. Definition for Board

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.

8. Definition for Person

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.

9. Definition for Canvass

Definition [Canvass]

A review of the election results by the board of county commissioners or the mayor and city council or the justices of the Supreme Court, by which any errors within the election results are officially noted and the official election results are declared.

See Nev. Rev. Stat. § 293.032.

10. Definition for Elector

Definition [Elector]

A person who is eligible to vote under the provisions of Section 1 of Article 2 of the Constitution of the State of Nevada.

See Nev. Rev. Stat. § 293.055.

Cases

Nevada Cases

Case Name: Miller v. Burk

Citation: 124 Nev. 579, 188 P.3d 1112

Year: 2008

Case URL: https://www.ravellaw.com/opinions/f537b031fa7c68aadedd619f0f966507?query=secreta[...]

Case Summary:

A position on the Board of Regents of the University of Nevada is a "state office" under the term-limits amendment to the Nevada Constitution.
The court may issue a writ of mandamus to require an elections official to comply with the law and exclude the name of an unqualified candidate from the ballot.
A writ of mandamus was an available remedy in a pre-election challenge to the qualifications of certain state and local candidates under the term-limits amendment to the Nevada Constitution.
A constitutional amendment adopted through the initiative process becomes effective on the date of the canvass of the votes and applies only prospectively unless the amendment specifically provides otherwise.
The term-limits amendment to the Nevada Constitution barred certain state and local candidates from being re-elected where their prior terms of office commenced after the amendment's effective date.

Case Name: Child v. Lomax

Citation: 124 Nev. 600, 188 P.3d 1103