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Nevada > Statutes > Miscellaneous Provisions

N.R.S. 293.465 - Loss or destruction of ballots, or other cause, preventing election in precinct or district; new election

Overview of Statute

This section regulates the loss or destruction of ballots, etc.

Statute

If an election is prevented in any precinct or district by reason of the loss or destruction of the ballots intended for that precinct, or any other cause, the appropriate election officers in that precinct or district shall make an affidavit setting forth that fact and transmit it to the appropriate board of county commissioners. Upon receipt of the affidavit and upon the application of any candidate for any office to be voted for by the registered voters of that precinct or district, the board of county commissioners shall order a new election in that precinct or district.

      (Added to NRS by 1960, 268; A 1987, 353; 1999, 264; 2015, 3158)

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 [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.

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 [Precinct]

The smallest voting area in a political subdivision.

See Nev. Rev. Stat. §  293.077.

Definition [Candidate]

Any person:

      1.  Who files a declaration of candidacy;

      2.  Who files an acceptance of candidacy;

      3.  Whose name appears on an official ballot at any election; or

      4.  Who has received one or more contributions in excess of $100, regardless of whether:

      (a) The person has filed a declaration of candidacy or an acceptance of candidacy; or

      (b) The name of the person appears on an official ballot at any election.

See Nev. Rev. Stat. § 294A.005.

Cases

Nevada Cases

Case Name: State ex rel. McMillan v. Sadler

Citation: 25 Nev. 131, 58 Pac. 284, 59 Pac. 546, 63 Pac. 128

Year: 1899

Case URL: https://www.ravellaw.com/opinions/55e80ab06a53cbcad16a4c9386e506e6?query=mcmilla[...]

Case Summary:

  • Requirement that officers of election be of different political parties is directory.
  • In an election contest, objections were overruled to ballots containing accidental pencil markings, ink blots, finger marks, crosses, words written by election officers after ballots had been cast, etc.
  • In an election contest, improperly marked ballots were rejected which contained crosses followed by "1," crosses after both the names of candidates, crosses enclosed with an "O," etc.
  • Differences in persons marking ballots, such as age, health, and experience in use of pencils, considered in determining the validity of ballots.
  • Where a ballot was deposited without the strip bearing its number being detached, it was allowed and counted.
  • Ballots marked for more candidates to an office than were to be elected were not void but were not counted for either party in a contested election for Governor.
  • Where ballot contained crossed-out name of withdrawn candidate, such ballot was improper and were not allowed or counted.
  • Ballots marked so that it could not be determined for whom the vote was intended were not void but were not counted for either candidate.
  • New election permitted if candidate validly resigns nomination and secretary of state has no official paper to print proper ballots.
  • Voters may be registered only by authorized person.

Out-of-State Cases

Federal Cases