N.R.S. 293.503 - County clerk is ex officio county registrar; custody of documents relating to preregistration or registration; official records of office of county clerk; maintenance of records; time limitation on program to remove names of ineligible persons; availability of records for public inspection; confidential information
Overview of Statute
This section provides that the county clerk is the officio county registrar and give certain duties.
Statute
1. The county clerk of each county where a registrar of voters has not been appointed pursuant to NRS 244.164:
(a) Is ex officio county registrar and registrar for all precincts within the county.
(b) Shall have the custody of all books, documents and papers pertaining to preregistration or registration provided for in this chapter.
2. All books, documents and papers pertaining to preregistration or registration are official records of the office of the county clerk.
3. The county clerk shall maintain records of any program or activity that is conducted within the county to ensure the accuracy and currency of the registrar of voters’ register for not less than 2 years after creation. The records must include the names and addresses of any person to whom a notice is mailed pursuant to NRS 293.5235, 293.530, or 293.535 and whether the person responded to the notice.
4. Any program or activity that is conducted within the county for the purpose of removing the name of each person who is ineligible to vote in the county from the registrar of voters’ register must be complete not later than 90 days before the next primary or general election.
5. Except as otherwise provided by subsection 6, all records maintained by the county clerk pursuant to subsection 3 must be available for public inspection.
6. Except as otherwise provided in NRS 239.0115, any information relating to where a person preregisters or registers to vote must remain confidential and is not available for public inspection. Such information may only be used by an election officer for purposes related to preregistration and registration.
(Added to NRS by 1960, 272; A 1971, 447; 1995, 2269; 2007, 2087; 2017, 3850)
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 General election
The election held pursuant to NRS 293.12755.
See Nev. Rev. Stat. § 293.060.
3. Definition for Mail
The depositing of printed or written matter in a mailbox or post office for delivery by the United States Postal Service.
See Nev. Rev. Stat. § 293.065.
4. 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.
5. 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.
6. Definition for Precinct
The smallest voting area in a political subdivision.
See Nev. Rev. Stat. § 293.077.
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.