N.R.S. 293D.300 - Methods for applying
Overview of Statute
This section provides the methods for applying for military overseas ballots.
Statute
1. A covered voter who is registered to vote in this State may apply for a military-overseas ballot by submitting a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301(b)(2), or the application’s electronic equivalent, if the federal postcard application is received by the appropriate local elections official by the seventh day before the election.
2. A covered voter who is not registered to vote in this State may use the federal postcard application or the application’s electronic equivalent simultaneously to apply to register to vote pursuant to NRS 293D.230 and to apply for a military-overseas ballot, if the federal postcard application is received by the appropriate local elections official by the seventh day before the election. If the federal postcard application is received after the seventh day before the election, it must be treated as an application to register to vote for subsequent elections.
3. The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting the submission of:
(a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official; and
(b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).
4. A covered voter may use approved electronic transmission or any other method approved by the Secretary of State to apply for a military-overseas ballot.
5. A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate local elections official by the seventh day before the election.
6. To receive the benefits of this chapter, a covered voter must inform the appropriate local elections official that he or she is a covered voter. Methods of informing the appropriate local elections official that a person is a covered voter include, without limitation:
(a) The use of a federal postcard application or federal write-in absentee ballot;
(b) The use of an overseas address on an approved voting registration application or ballot application; and
(c) The inclusion on an application to register to vote or an application for a military-overseas ballot of other information sufficient to identify that the person is a covered voter.
7. This chapter does not prohibit a covered voter from applying for an absent ballot pursuant to the provisions of chapter 293 or 293C of NRS or voting in person.
(Added to NRS by 2011, 1919; A 2013, 35; 2017, 1370, 3344, 3874)
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 Covered voter
1. A uniformed-service voter;
2. An overseas voter; or
3. A spouse or dependent of a uniformed-service voter.
See Nev. Rev. Stat. § 293D.030.
3. Definition for Digital signature
An electronic signature that transforms a message by using an asymmetric cryptosystem.
See Nev. Rev. Stat. §§ 293D.033, 720.060.
4. Definition for Electronic signature
An electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
See Nev. Rev. Stat. §§ 293D.036, 719.100.
5. Definition for Local elections official
A city clerk, county clerk or registrar of voters, as applicable.
See Nev. Rev. Stat. § 293D.040.
6. Definition for Military-overseas ballot
1. A federal write-in absentee ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303;
2. A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or
3. Any other ballot cast by a covered voter in accordance with this chapter.
See Nev. Rev. Stat. § 293D.050.
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 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 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.
10. 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.