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Nevada > Statutes > Uniformed Military and Overseas Absentee Voters Act Military-Overseas Ballots

N.R.S. 293D.320 - Transmission by local elections official to covered voters

Overview of Statute

This section provides for transmission by local election officials to covered voters.

Statute

1.  For all covered elections for which this State has not received a waiver pursuant to section 579 of the Military and Overseas Voter Empowerment Act, 52 U.S.C. § 20302(g)(2), not later than 45 days before the election or, if the 45th day before the election is a weekend or holiday, not later than the business day preceding the 45th day, the local elections official in each jurisdiction charged with distributing military-overseas ballots and balloting materials shall transmit military-overseas ballots and balloting materials to all covered voters who by that date submit a valid application for military-overseas ballots.

2.  A covered voter who requests that a military-overseas ballot and balloting materials be sent to the covered voter by approved electronic transmission may choose to receive the military-overseas ballot and balloting materials by:

      (a) Facsimile transmission;

      (b) Electronic mail delivery; or

      (c) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

The local elections official in each jurisdiction shall transmit the military-overseas ballot and balloting materials to the covered voter using the means of approved electronic transmission chosen by the covered voter.

3.  If an application for a military-overseas ballot from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to other voters, the local elections official shall transmit the military-overseas ballot and balloting materials to the covered voter not later than 2 business days after the application arrives.

4.  If a covered voter does not receive his or her military-overseas ballot and balloting materials for any reason, including, without limitation, as a result of a change in the duty station of the covered voter, the covered voter may, not later than the close of polls on election day:

      (a) Request that the local elections official resend to the covered voter his or her military-overseas ballot and balloting materials by:

             (1) Facsimile transmission;

             (2) Electronic mail delivery; or

             (3) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

      (b) Cast his or her military-overseas ballot by:

             (1) Facsimile transmission;

             (2) Electronic mail delivery; or

             (3) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

(Added to NRS by 2011, 1920; A 2013, 36; 2017, 3345, 3875)

Definition [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.

Definition [Overseas voter]

A United States citizen who is outside the United States and is eligible to be a covered voter pursuant to NRS 293D.210.

See Nev. Rev. Stat. § 293D.060.

Definition [Local elections official]

A city clerk, county clerk or registrar of voters, as applicable.

See Nev. Rev. Stat. § 293D.040.

Definition [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.

Definition [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.

Definition [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.

Definition [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.

Definition [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.