N.R.S. 293C.328 – Electioneering prohibited near city clerk’s office during period office maintained for voting absent ballot in person; penalty
Overview of Statute
This section protects in-person absent voters from electioneering efforts by others at the designated polling place, and tasks the city clerk with the duty to enforce such rules.
Statute
1. During the period specified in subsection 2 of NRS 293C.327 when the city clerk’s office is maintained with suitable equipment for voting an absent ballot in person:
(a) A person may not electioneer for or against any candidate, measure or political party in or within 100 feet from the entrance to the city clerk’s office.
(b) The city clerk shall keep continuously posted:
(1) At each entrance to the city clerk’s office, a sign on which is printed in large letters “Polling Place for Voting Absent Ballots”; and
(2) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters “Distance Marker: No electioneering between this point and any entrance to the city clerk’s office.”
2. Ropes or other suitable objects may be used at the city clerk’s office to ensure compliance with this section.
3. Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.
(Added to NRS by 1999, 266)
1. 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.
2. Definition for Political Party
Any minor or major political party.
See Nev. Rev. Stat. § 293.073.
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 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.
5. 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.
6. 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.