N.R.S. 293.740 - Soliciting votes and electioneering inside polling place or within certain distance from polling place prohibited; penalty
Overview of Statute
This section prohibits soliciting votes and electioneering inside polling places and within a certain distance from a polling place prohibited.
Statute
1. Except as otherwise provided in subsection 2, it is unlawful inside a polling place or within 100 feet from the entrance to the building or other structure in which a polling place is located:
(a) For any person to solicit a vote or speak to a voter on the subject of marking the voter’s ballot.
(b) For any person, including an election board officer, to do any electioneering on election day.
Ê The county clerk or registrar of voters shall ensure that, at the outer limits of the area within which electioneering is prohibited, notices are continuously posted on which are printed in large letters “Distance Marker: No electioneering between this point and the entrance to the polling place.”
2. The provisions of subsection 1 do not apply to the conduct of a person in a private residence or on commercial or residential property that is within 100 feet from the entrance to a building or other structure in which a polling place is located. The provisions of subsection 1 are not intended to prohibit a person from voting solely because he or she is wearing a prohibited political insigne and is reasonably unable to remove the insigne or cover it. In such a case, the election board officer shall take such action as is necessary to allow the voter to vote as expediently as possible and then assist the voter in exiting the polling place as soon as is possible.
3. Any person who violates any provision of this section is guilty of a gross misdemeanor.
4. As used in this section, “electioneering” means campaigning for or against a candidate, ballot question or political party by:
(a) Posting signs relating to the support of or opposition to a candidate, ballot question or political party;
(b) Distributing literature relating to the support of or opposition to a candidate, ballot question or political party;
(c) Using loudspeakers to broadcast information relating to the support of or opposition to a candidate, ballot question or political party;
(d) Buying, selling, wearing or displaying any badge, button or other insigne which is designed or tends to aid or promote the success or defeat of any political party or a candidate or ballot question to be voted upon at that election; or
(e) Soliciting signatures to any kind of petition.
(Added to NRS by 1963, 1382; A 1967, 863; 1973, 872; 1977, 464; 1987, 1169; 1989, 2171; 1997, 80; 2011, 2101)
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 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.
3. Definition for Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
4. Definition for Election board officer
A person appointed to assist in the conduct of an election.
See Nev. Rev. Stat. § 293.050.
5. 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.
6. 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.
7. 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.
8. 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.
9. Definition for 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.