[Rev. 6/10/2014 4:47:08 PM]

[NAC-293D Revised Date: 6-14]

CHAPTER 293D - UNIFORMED MILITARY AND OVERSEAS ABSENTEE VOTERS

293D.010         Application to request military-overseas ballot; provision of instructions for completing and returning military-overseas ballot.

293D.020         Declaration of covered voter.

293D.030         Duties of county clerk, registrar of voters and city clerk.

293D.040         Use of Electronic Transmission Service.

293D.050         Counting of military-overseas ballots.

 

 

 

      NAC 293D.010  Application to request military-overseas ballot; provision of instructions for completing and returning military-overseas ballot. (NRS 293D.200)

     1.  A covered voter who applies for a military-overseas ballot shall indicate on the application:

     (a) Whether the local elections official must send the military-overseas ballot to the covered voter by mail or approved electronic transmission; and

     (b) Whether the covered voter will return the military-overseas ballot to the local elections official by mail or approved electronic transmission.

     2.  If a covered voter indicates on the application for a military-overseas ballot that he or she will return the military-overseas ballot by mail, the local elections official must provide to the covered voter a military-overseas ballot and instructions for marking and returning the military-overseas ballot, including, without limitation:

     (a) How to indicate the candidate or candidates for whom the covered voter is voting.

     (b) How to correct the ballot if the covered voter commits an error in marking the ballot or wants to change the candidate or candidates for whom the covered voter is voting.

     (c) An explanation that the completed military-overseas ballot must be inserted into the accompanying privacy envelope or sleeve.

     (d) An explanation that the covered voter must insert the privacy envelope or sleeve into the declaration envelope.

     (e) An explanation that the covered voter must complete and sign the declaration on the front of the declaration envelope.

     (f) An explanation that the military-overseas ballot and any other necessary voting materials, including, without limitation, the declaration set forth in NAC 293D.020, must be received by the office of the appropriate local elections official by 7 p.m. Pacific Standard Time on the day of the election.

     3.  If a covered voter indicates on the application for a military-overseas ballot that he or she will return the military-overseas ballot by approved electronic transmission, the local elections official must provide to the covered voter a military-overseas ballot and instructions for marking and returning the military-overseas ballot, including, without limitation:

     (a) How to indicate the candidate or candidates for whom the covered voter is voting.

     (b) An explanation that the declaration set forth in NAC 293D.020 must be signed by the covered voter and returned by approved electronic transmission with the military-overseas ballot.

     (c) An explanation of how to return the military-overseas ballot by approved electronic transmission.

     (d) An explanation that the military-overseas ballot and any other necessary voting materials, including, without limitation, the declaration set forth in NAC 293D.020, must be received by the office of the appropriate local elections official by 7 p.m. Pacific Standard Time on the day of the election.

     (Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011)

      NAC 293D.020  Declaration of covered voter. (NRS 293D.200)

     1.  The declaration that is required pursuant to subsection 4 of NRS 293D.200, for use by a covered voter who indicates that he or she will return the military-overseas ballot by approved electronic transmission must be in the following form:

 

DECLARATION OF COVERED VOTER

 

I am a uniformed-service voter, a spouse or dependent of a uniformed-service voter, or an overseas voter pursuant to the provisions of chapter 293D of NRS.

I am a citizen of the United States.

I will be at least 18 years of age on election day.

I have not been adjudicated mentally incompetent, or if so, my right to vote has been restored.

I have not been convicted of treason or a felony, or if so, my right to vote has been restored.

I am not registered to vote in any other jurisdiction in the United States.

I have not applied, nor do I intend to apply, for a ballot from any other jurisdiction for the same election.

The information on this form is true and complete to the best of my knowledge.

I acknowledge that if I return my voted ballot by approved electronic transmission, I have waived my right to have my ballot kept secret. Nevertheless, I understand that, as with any absent voter, my signature will be permanently separated from my voted ballot to maintain its secrecy at the outset of the tabulation process and thereafter.

I understand that a material misstatement of fact in completing the document may be grounds for a conviction of perjury under the laws of the United States or this State.

I declare under penalty of perjury under the laws of the United States and this State that the foregoing is true and correct.

 

(Signed)

..................................................................

 

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE DECLARATION AND INCLUDE IT WITH YOUR BALLOT.

 

     2.  The declaration that is required pursuant to subsection 4 of NRS 293D.200, for use by a covered voter who indicates that he or she will return the military-overseas ballot by mail must be in the following form:

 

DECLARATION OF COVERED VOTER

 

I am a uniformed-service voter, a spouse or dependent of a uniformed-service voter, or an overseas voter pursuant to the provisions of chapter 293D of NRS.

I am a citizen of the United States.

I will be at least 18 years of age on election day.

I have not been adjudicated mentally incompetent, or if so, my right to vote has been restored.

I have not been convicted of treason or a felony, or if so, my right to vote has been restored.

I am not registered to vote in any other jurisdiction in the United States.

I have not applied, nor do I intend to apply, for a ballot from any other jurisdiction for the same election.

The information on this form is true and complete to the best of my knowledge.

I understand that a material misstatement of fact in completing the document may be grounds for a conviction of perjury under the laws of the United States or this State.

I declare under penalty of perjury under the laws of the United States and this State that the foregoing is true and correct.

 

(Signed)

..................................................................

 

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE DECLARATION AND INCLUDE IT WITH YOUR BALLOT.

 

     (Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011)

      NAC 293D.030  Duties of county clerk, registrar of voters and city clerk. (NRS 293D.200)

     1.  A county clerk or registrar of voters who receives an application for a military-overseas ballot from a covered voter shall forward the application to the city clerk of the city where the covered voter is registered to vote, if any.

     2.  A city clerk who receives an application for a military-overseas ballot from a covered voter shall forward the application to the county clerk or registrar of voters of the county, as applicable.

     (Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011)

      NAC 293D.040  Use of Electronic Transmission Service. (NRS 293D.200)  A local elections official may use the Electronic Transmission Service that is available through the Federal Voting Assistance Program of the United States Department of Defense to send a military-overseas ballot to a covered voter who requests a military-overseas ballot pursuant to this chapter and chapter 293D of NRS.

     (Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011)

      NAC 293D.050  Counting of military-overseas ballots. (NRS 293D.200)  A local elections official shall count a military-overseas ballot signed by a covered voter using a digital signature or electronic signature unless the local elections official reasonably believes that someone other than the covered voter signed the ballot.

     (Added to NAC by Sec’y of State by R130-13, eff. 2-26-2014)