N.R.S. 293C.281 – Accessibility of polling place, ballot and election materials to persons who are elderly and to persons with disabilities; particular requirements regarding voting booths and waiting lines; alternative placement of specially equipped voting devices at centralized locations
Overview of Statute
This section provides requirements to ensure that all polling places are accessible to elderly and disabled voters, except those polling places that are used by necessity in the case of a natural disaster.
Statute
1. Except as otherwise provided in subsection 2, at all times during which a polling place is open:
(a) The polling place must:
(1) Be accessible to a voter who is elderly or a voter with a disability; and
(2) Have at least one voting booth that is:
(I) Designed to allow a voter in a wheelchair to vote;
(II) Designated for use by a voter who is elderly or a voter with a disability;
(III) Equipped to allow a voter who is elderly or a voter with a disability to vote with the same privacy as a voter who is not elderly or as a voter without a disability; and
(IV) Equipped with a mechanical recording device which directly records the votes electronically and which may be used by persons with disabilities; and
(b) Either:
(1) The polling place must have a separate line for voters with disabilities or who are not physically able to wait in line to vote. Voters in this separate line must be allowed to vote before any voter who is not disabled and is physically able to wait in line to vote; or
(2) An election board officer at the polling place must allow voters with disabilities or who are not physically able to wait in line to move to the front of the line of voters waiting to vote.
2. A polling place that does not comply with the provisions of paragraph (a) of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.
3. At each polling place, the city clerk is encouraged to:
(a) Post in a conspicuous place, in at least 12-point type, instructions for voting;
(b) Provide ballots in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability; and
(c) Provide, in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability, all materials that are:
(1) Related to the election; and
(2) Made available to a voter in printed form at the polling place.
4. As an alternative to carrying out the functions described in subsection 3, if, in the opinion of the city clerk, the needs of voters who are elderly or disabled requiring the use of specially equipped voting devices will be best served by placing such devices at centralized voting locations, the city clerk may so provide. If the city clerk provides for the placement of specially equipped voting devices at centralized locations, a voter who is elderly or disabled and requires the use of such a device to be able to cast a ballot without assistance may cast his or her ballot at any centralized voting location designated by the city clerk.
(Added to NRS by 2001, 1437; A 2003, 1659, 2187; 2017, 1051)
1. 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.
2. Definition for Election board officer
A person appointed to assist in the conduct of an election.
See Nev. Rev. Stat. § 293.050.
3. Definition for Mechanical recording device
A device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on.
See Nev. Rev. Stat. § 293.0657.
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 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.
6. 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.
7. 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.