N.R.S. 293C.295 – Voting by person successfully challenged on grounds of residency
Overview of Statute
This section provides procedures for those persons who have been successfully challenged on the grounds of residency.
Statute
1. If a person is successfully challenged on the ground set forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person refuses to provide an affirmation pursuant to NRS 293C.525, the election board shall instruct the voter that he or she may vote only at the special polling place in the manner set forth in this section.
2. The city clerk shall maintain at least one special polling place at such locations as the city clerk deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293C.525 in a special sealed container if the ballots are ballots that are voted on a mechanical recording device which directly records the votes electronically.
3. A person who votes at a special polling place may vote only for the following offices and questions:
(a) All officers for whom all voters in the city may vote; and
(b) Questions that have been submitted to all voters of the city.
4. The ballots voted at the special polling place must be counted when other ballots are counted and, if the ballots are ballots that are voted on a mechanical recording device that directly records the votes electronically, maintained in a separate sealed container until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.
(Added to NRS by 1997, 3430; A 1999, 270; 2007, 1173, 2610)
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 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Definition for Contest
An adversary proceeding between a candidate for a public office who has received the greatest number of votes and any other candidate for that office or, in certain cases, any registered voter of the appropriate political subdivision, for the purpose of determining the validity of an election.
See Nev. Rev. Stat. § 293.042.