N.R.S. 293C.292 – Challenges
Overview of Statute
This section provides the procedure to be followed when a person’s right to vote is challenged.
Statute
1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct or district upon the ground that he or she is not the person entitled to vote as claimed or has voted before at the same election; or
(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the roster, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the roster”;
(b) If the challenge is on the ground that the challenged person previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or
(c) If the challenge is on the ground that the challenged person is not the person he or she claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this roster.”
The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.
3. If the challenged person refuses to execute the oath or affirmation so tendered, the person must not be issued a ballot, and the election board officer shall indicate in the roster “Challenged” by the person’s name.
4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293C.295.
5. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him or her a ballot.
6. If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification that contains proof of the address at which the person actually resides. For the purposes of this subsection, a voter registration card does not provide proof of the address at which a person resides.
7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless the person:
(a) Furnishes official identification which contains a photograph of the person, such as a driver’s license or other official document; or
(b) Brings before the election board officers a person who is at least 18 years of age who:
(1) Furnishes official identification which contains a photograph of the person, such as a driver’s license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he or she swears to be.
8. The election board officers shall:
(a) Record on the challenge list:
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the challenge; and
(3) The result of the challenge; and
(b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.
(Added to NRS by 1997, 3429; A 1999, 679; 2001, 1952, 2958; 2003, 200, 210; 2007, 1172; 2015, 3170; 2019, c.619.)
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 Challenge list
A form furnished election board officers to be used in making a record of all challenges.
See Nev. Rev. Stat. § 293.035.
3. 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.
4. Definition for Registered voter
An elector who has completed the procedure prescribed by law for registration as a voter.
See Nev. Rev. Stat. § 293.090.
5. Definition for Election board officer
A person appointed to assist in the conduct of an election.
See Nev. Rev. Stat. § 293.050.
6. Definition for Oath
Includes affirmation.
See Nev. Rev. Stat. § 293.068.
7. 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.
8. Definition for 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.
9. 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.
10. 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.
11. Definition for Roster
The record in printed or electronic form furnished to election board officers which contains a list of eligible voters and is to be used for obtaining the signature of each person applying for a ballot.
See Nev. Rev. Stat. § 293.095.
12. 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.
13. Definition for Precinct
The smallest voting area in a political subdivision.
See Nev. Rev. Stat. § 293.077.
14. 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.
Cases
Nevada Cases
Out-of-State Cases
Federal Cases
Case Name: De La Cruz v. Dufresne
Citation: 533 F. Supp. 145
Federal District Court: District of Nevada
Year: 1982
Case URL: https://www.ravellaw.com/opinions/98055153ccff3078d977ad741bde3935?query=De%20La[...]
Case Summary:
- Right of members of election board to ask any relevant question necessary to decide a challenge.
- Place of business or post office address not per se equivalent to residence.
Regulations & Guidance
Attorney General's Opinions
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AGO 164 & 166 (1920) The signer of a certificate of nomination of an independent candidate does not thereby lose party standing and has the right to vote in the primary. (See NRS 293C.292.)
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AGO B965 (1950) No procedure is established by law by which an absent voter's ballot can be challenged on the day of an election. (See NRS 293.303, 293.333 and 293C.292.)
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AGO 412 (1958) Providing a procedure whereby an examination of electoral qualifications of absent voter may be made after he is challenged is the prerogative of the legislature and not within the authority of the attorney general. The only procedure authorized to examine an absent voter's privilege to vote is that of comparing the signature on the ballot envelope with the signature on the affidavit of registration. Under the provisions of the Nevada election law relating to the challenge of a person's right to vote (see the provisions of former NRS 292.440, 292.580 and 296.255; cf. NRS 293.303, 293.547 and 293C.292), a challenge in and of itself does not disqualify a person. It is the examination of the polls after the challenge that determines the qualifications of the voter. Therefore, a challenge of an absent voter is of no effect unless the absent voter returns to the polls for examination. (See NRS 293.333 and 293C.292.)