Nevada > Statutes > Elections Applicability and Administration

N.R.S. 293.127 – Liberal construction of title and determination of real will of electors

Overview of Statute

This section provides for the liberal interpretation of the title to preserve the real will of electors. This section prohibits the denial of voting privacy and the right to vote to the elderly or disabled solely because of their disability.

Statute

1. This title must be liberally construed to the end that:

(a) All electors, including, without limitation, electors who are elderly or disabled, have an opportunity to participate in elections and to cast their votes privately;

(b) An eligible voter with a physical or mental disability is not denied the right to vote solely because of the physical or mental disability; and

(c) The real will of the electors is not defeated by any informality or by failure substantially to comply with the provisions of this title with respect to the giving of any notice or the conducting of an election or certifying the results thereof.

2. For purposes of counting a vote, the real will of an elector must be determined pursuant to NRS 293.3677 or 293C.369 or regulations adopted pursuant to NRS 293.3677 or 293C.369.

(Added to NRS by 1960, 238; A 1963, 1372; 2001, 1434, 2025; 2003, 149, 152)

1. Definition for Elector

Definition [Elector]

A person who is eligible to vote under the provisions of Section 1 of Article 2 of the Constitution of the State of Nevada.

See Nev. Rev. Stat. § 293.055.

Cases

Nevada Cases

Case Name: LaPorta v. Broadbent

Citation: 91 Nev. 27, 530 P.2d 1404

Year: 1975

Case URL: https://www.ravellaw.com/opinions/d948040d6f58d5d02df6d0bd2ab66966?query=LaPorta[...]

Case Summary:

Re-vote required in precinct where voting apparatus contained wrong list of candidates.

Case Name: Eller Media Co. v. City of Reno

Citation: 118 Nev. 767, 59 P.3d 437

Year: 2002

Case URL: https://www.ravellaw.com/opinions/398811664e1adf78e190b98050c31f33?query=Eller%2[...]

Case Summary:

City clerk's delegation to county registrar of voters of duty to examine initiative petition signatures did not violate statutory requirements.

Out-of-State Cases

Federal Cases

Regulations & Guidance

Attorney General's Opinions

AGO 99-19 (1999) The former provisions of NRS 293C.195, which had required a withdrawal of candidacy for a city office to be presented to the city clerk within 2 days after the last day for filing a declaration of candidacy or an acceptance of candidacy, should be interpreted in light of NRS 293.127 and N.R.C.P 6(a) such that Saturdays, Sundays and non-judicial days are excluded. (N.B., opinion issued before NRS 293C.195 was amended in 1999 to set forth specifically that Saturdays, Sundays and holidays are to be excluded in determining the deadline for a withdrawal of candidacy.)
AGO 99-19 (1999) Although NRS 293C.195 states that a withdrawal of candidacy for a city office must be presented to the city clerk by the candidate in person, NRS 293.127 provides that NRS title 24 shall be construed liberally to the end that the real will of the electors may not be defeated by any informality or by failure substantially to comply with the provisions of the title. Thus, an authorized agent may present a withdrawal of candidacy on behalf of a candidate if: (1) the physical presence of the candidate is precluded; (2) the authorized agent appears in person for the candidate within the time frame allotted by the statute; and (3) no factor which would comprise the integrity of the election process exists.