N.R.S. 293C.325 – Duties of city clerk upon receipt of absent ballot from voter: Deposit of voted ballot; delivery for counting
Overview of Statute
This section provides the procedures and duties for city election officials associated with handling absent ballots returned via mail by registered voters.
Statute
1. Except as otherwise provided in NRS 293D.200, when an absent ballot is returned by a registered voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the city clerk shall check the signature in accordance with the following procedure:
(a) The city clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against all signatures of the voter available in the records of the city clerk.
(b) If at least two employees in the office of the city clerk believe there is a reasonable question of fact as to whether the signature on the absent ballot matches the signature of the voter, the city clerk shall contact the voter and ask the voter to confirm whether the signature on the absent ballot belongs to the voter.
2. Except as otherwise provided in subsection 3, if the city clerk determines pursuant to subsection 1 that the absent voter is entitled to cast a ballot and:
(a) No absent ballot central counting board has been appointed, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.
(b) An absent ballot central counting board has been appointed, the city clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the city clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293C.267 or 293C.297.
3. If the city clerk determines when checking the signature of the absent voter pursuant to subsection 1 that the absent voter did not sign the return envelope as required pursuant to NRS 293.330 but is otherwise entitled to cast a ballot, the city clerk shall contact the absent voter and advise the absent voter of the procedures to provide a signature established pursuant to subsection 4. For the absent ballot to be counted, the absent voter must provide a signature within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293C.332.
4. Each city clerk shall prescribe procedures for a voter who did not sign the return envelope of an absent ballot in order to:
(a) Contact the voter;
(b) Allow the voter to provide a signature; and
(c) After a signature is provided, ensure the absent ballot is delivered to the appropriate election board or the absent ballot central counting board, as applicable.
(Added to NRS by 1997, 3433; A 2001, 2037; 2007, 1176, 2612; 2009, 362; 2013, 32; 2015, 3171; 2019, c.619.)
1. Definition for Ballot box
A box that is capable of being secured and is used to receive the voted ballots.
See Nev. Rev. Stat. § 293.026.
2. Definition for Absent voter
A registered voter who has received or who has voted an absent ballot.
See Nev. Rev. Stat. § 293.015.
3. Definition for Absent ballot
A ballot voted by a person who expects to be or is absent from the polling place for his or her precinct or district on election day.
See Nev. Rev. Stat. § 293.013.
4. 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.
5. 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.
6. Definition for Facsimile machine
A device that sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.
See Nev. Rev. Stat. § 293.056.
7. Definition for Approved electronic transmission
The sending of information by facsimile machine or by use of the Internet pursuant to the acceptable standards set forth by regulations of the Secretary of State adopted pursuant to NRS 293.247.
See Nev. Rev. Stat. § 293.019.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.