Nevada > Statutes > Absent Ballot Voting

N.R.S. 293.323 - Delivery of absent ballot and voting supplies; return of absent ballot; recordation of certain information by county clerk; regulations

Overview of Statute

This section provides for the delivery of absent ballots and voting supplies, the return of absent ballots, and regulations.

Statute

1. Except as otherwise provided in subsection 2 and chapter 293D of NRS, if the request for an absent ballot is made by mail or approved electronic transmission, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot:

(a) An absent ballot;

(b) A return envelope;

(d) An identification envelope, if applicable; and

(e) Instructions.

2. If the county clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the county clerk may use approved electronic transmission to send an absent ballot and instructions to the voter. The voter may mail the absent ballot to the county clerk or submit the absent ballot by approved electronic transmission.

3. The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

4. Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 and chapter 293D of NRS.

5. Before depositing a ballot in the mail or sending a ballot by approved electronic transmission, the county clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, the registered voter’s precinct or district, and political affiliation, if any, the number of the ballot and any remarks the county clerk finds appropriate.

6. The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

(Added to NRS by 1960, 256; A 1961, 289; 1975, 1531; 1985, 1094; 1987, 343; 1997, 760, 3457; 2001, 2026; 2003, 149; 2007, 1155, 2590; 2009, 357; 2011, 1923; 2017, 1362)

1. Definition for Absent voter

Definition [Absent voter]

A registered voter who has received or who has voted an absent ballot.

See Nev. Rev. Stat. § 293.015.

2. Definition for County clerk

Definition [County clerk]

Except as the term is used in NRS 293.393, whenever the term “county clerk” is used in this title it means “registrar of voters” in those counties where such office has been created pursuant to the provisions of NRS 244.164.

See Nev. Rev. Stat. § 293.044.

3. Definition for Absent ballot

Definition [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 Registered voter

Definition [Registered voter]

An elector who has completed the procedure prescribed by law for registration as a voter.

See Nev. Rev. Stat. § 293.090.

5. Definition for Approved electronic transmission

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.

6. Definition for Mail

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.

7. Definition for Clerk

Definition [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.

8. Definition for State

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.

9. Definition for Ballot

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.

10. Definition for Precinct

Definition [Precinct]

The smallest voting area in a political subdivision.

See Nev. Rev. Stat. § 293.077.

Regulations & Guidance

Attorney General's Opinions

AGO 422 (1958) Where a registered voter applies for an absent ballot under former NRS 300.020 (cf. NRS 293.315) and an affidavit alleging abandonment of residence is filed under former NRS 292.510 (cf. NRS 293.535), the county clerk is not required to mail an absent voter's ballot (see 293.323) until receipt of evidence refuting the affidavit.