NRS: CHAPTER 293C - CITY ELECTIONS

[Rev. 6/29/2024 3:35:10 PM--2023]

CHAPTER 293C - CITY ELECTIONS

GENERAL PROVISIONS

NRS 293C.100 Applicability of chapter.

NRS 293C.110 Conduct of city election controlled by governing body.

NRS 293C.112 Governing body authorized to conduct city election by mail under certain circumstances.

NRS 293C.115 Governing body of general law city required to set dates for primary and general city elections in accordance with this chapter.

NRS 293C.120 Governing body to provide ballots and supplies.

GENERAL ELECTIONS

NRS 293C.140 Date of general city election in cities of population categories one and two; candidates to be voted upon by electors at large; terms of council members.

NRS 293C.145 Date of general city election in cities of population category three; number of council members; terms of mayor and council members; procedure for filing declaration of candidacy; candidates for mayor to be voted upon by electors at large; candidates for city council to be voted upon by electors of ward or electors at large.

NOMINATIONS AND CANDIDATES

NRS 293C.175 Date of primary city election for certain cities; procedure for filing declaration of candidacy; candidates to be voted upon by electors at large; certain candidates declared elected at primary city election; placement of names of candidates on ballot for general city election.

NRS 293C.180 Declaration of nominees: Unopposed candidate declared elected without holding election; omission and appearance of names on primary and general ballot; exceptions.

NRS 293C.185 Declaration of candidacy: Filing required; fee; filing period; form; contents; submission and retention of proof of identity, address and residency; appointment of agent for service of process; investigation and challenge of candidates; unlawful for candidates to make certain false statements.

NRS 293C.1855 Questionnaire for candidates for municipal judge; filing officers required to post questionnaires on Internet.

NRS 293C.186 Written challenges concerning qualifications of candidates; enforcement in preelection actions.

NRS 293C.1865 Remedies for candidates who unlawfully make certain false statements; disqualification from taking office; removal from ballot or notification to voters at polling places; enforcement in preelection actions.

NRS 293C.187 Contents and publication of notice of primary or general city election.

NRS 293C.190 Procedure for filling vacancy in nomination.

NRS 293C.195 Procedure for withdrawing candidacy.

NRS 293C.200 Residency requirements for candidates; unlawful for candidates to make certain false statements.

ELECTION BOARDS

NRS 293C.220 Appointment of officers by city clerk; appointment of law enforcement officers for polling places; appointment of trainees.

NRS 293C.222 Appointment of pupil as trainee: Qualifications; requirements; duties; compensation.

NRS 293C.225 Recommendations by chair of persons suitable for service.

NRS 293C.227 Delivery of notice of appointment to officer or trainee.

NRS 293C.228 Notice of unwillingness to serve as officer or trainee; appointment of replacement.

BALLOTS

NRS 293C.255 Name of candidate on ballot not to include title, designation of profession or occupation.

NRS 293C.257 Form of ballot for primary city election; names of candidates to be grouped alphabetically; exception.

NRS 293C.260 Form of ballot for general city election; names of candidates to be grouped alphabetically; exception.

NRS 293C.261 Ballot to indicate date of election and at which election ballot will be used.

NRS 293C.262 Order of listing offices and questions; division of ballots; color of ballots and voting receipts.

MEETINGS WITH INDIAN TRIBES

NRS 293C.2625 Deadlines; requirements; facilitation of meetings.

MAIL BALLOT VOTING

NRS 293C.263 Preparation and distribution of mail ballots; exceptions; mail ballot contents; time for distribution; mootness of untimely legal action which would prevent distribution.

NRS 293C.26312 Methods of distribution and other requirements for mail ballots and supporting materials; recordation of certain information by city clerk.

NRS 293C.26314 Requirements for mail ballots distributed to certain voters who have not previously voted in election for federal office in Nevada; exceptions; treatment as provisional ballot under certain circumstances. [Effective through December 31, 2024.]

NRS 293C.26316 Procedure for voting by mail ballot; procedure for voting in person after mail ballot sent to voter.

NRS 293C.26318 Unlawful to mark and sign mail ballot on behalf of voter or assist voter to mark and sign mail ballot; exceptions.

NRS 293C.26321 Procedure for timely returning mail ballot; treatment of mail ballot when postmark cannot be determined; requirements for ballot drop boxes.

NRS 293C.26323 Persons authorized to return mail ballot; unlawful acts relating to return of mail ballot; penalty.

NRS 293C.26325 Establishment of procedures for processing and counting mail ballots.

NRS 293C.26327 Duties of city clerk upon return of mail ballot: Procedure for checking signatures; safeguarding and delivery of mail ballots for counting; procedure to contact voter to remedy certain defects in returned mail ballot.

NRS 293C.26329 Appointment and membership of mail ballot central counting board; board under direction of city clerk.

NRS 293C.26331 Period for counting mail ballots; counting must be public; rejection of certain mail ballots.

NRS 293C.26333 Process for counting mail ballots; requirements relating to empty envelopes and rejected mail ballots.

NRS 293C.26335 Certification and reporting of mail ballot results; secrecy of mail ballots; unlawful to disseminate information about mail ballot results before polls close and all votes cast on election day; penalty.

NRS 293C.26337 City clerk to test accuracy of electronic devices used to verify signatures on mail ballots; daily audit required during processing of mail ballots.

VOTING AT POLLS

NRS 293C.265 Voting in person required at first city election after valid registration for voter who registered to vote by mail or computer; exceptions.

NRS 293C.267 Time for opening and closing polls; duties of election board officers; persons permitted inside certain areas of polls.

NRS 293C.2675 Establishment of polling places and ballot drop boxes within Indian reservation or colony.

NRS 293C.268 Establishment of polling place for precinct in residential development exclusively for elderly persons.

NRS 293C.2685 Polling place not to be established in any building named for candidate appearing on ballot.

NRS 293C.269 Members of general public allowed to observe conduct of voting at polling place; photographing or otherwise recording conduct of voting by members of general public prohibited.

NRS 293C.2695 Possession of certain rosters by election board required for performance of board’s duties; required tests of electronic rosters before election.

NRS 293C.270 Conditions for entitlement of person to vote; forms of identification to identify registered voter; city clerk to prescribe verification procedure. [Effective through December 31, 2024.]

NRS 293C.270 Conditions for entitlement of person to vote; forms of identification to identify registered voter; city clerk to prescribe verification procedure. [Effective January 1, 2025.]

NRS 293C.272 Identification of registered voter who is unable to sign name.

NRS 293C.275 Procedure for taking registered voter’s signature. [Effective through December 31, 2024.]

NRS 293C.275 Procedure for taking registered voter’s signature. [Effective January 1, 2025.]

NRS 293C.277 Announcement of name of registered voter; grounds and procedure for challenging person’s right to vote.

NRS 293C.281 Accessibility of polling place, ballot and election materials to persons who are elderly and to persons with disabilities; particular requirements regarding voting booths and waiting lines; alternative placement of specially equipped voting devices at centralized locations.

NRS 293C.282 Assistance to voter who is physically disabled or unable to read or write English.

NRS 293C.285 Change of vote on certain mechanical recording devices.

NRS 293C.290 Procedure for posting or publishing alphabetical listing of registered voters; tearing or defacing alphabetical listing prohibited; penalty.

NRS 293C.291 Posting of notice of death of candidate at polling place.

NRS 293C.292 Challenges.

NRS 293C.293 Notice of result of challenge.

NRS 293C.295 Voting by person successfully challenged on grounds of residency.

NRS 293C.297 Closing of polls; admission of voters and other persons.

NRS 293C.300 Duties of voting board before adjournment.

NRS 293C.302 Court-ordered extension of deadline for voting.

VOTING AT POLLING PLACES ESTABLISHED AS VOTE CENTERS

NRS 293C.3032 City clerks authorized to establish polling places as vote centers where eligible voters in city may vote on election day.

NRS 293C.3033 Requirements for providing notice of locations of vote centers; exceptions; limitations on establishing additional vote centers after such notice.

NRS 293C.3034 Requirements for preparing and delivering rosters for vote centers.

NRS 293C.3035 Requirements for casting ballots at vote centers. [Effective through December 31, 2024.]

NRS 293C.3035 Requirements for casting ballots at vote centers. [Effective January 1, 2025.]

EARLY VOTING BY PERSONAL APPEARANCE

NRS 293C.355 Applicability of provisions.

NRS 293C.356 Issuance of ballots; voting booth for use by persons issued ballots.

NRS 293C.3561 City clerk to establish criteria for selection of permanent and temporary polling places for early voting by personal appearance.

NRS 293C.3564 Establishment of permanent polling places for early voting; eligible voters may vote by personal appearance at any polling place for early voting.

NRS 293C.3568 Period for early voting; days and hours for early voting at permanent polling places.

NRS 293C.3572 Establishment of temporary branch polling places for early voting and ballot drop boxes; establishment within Indian reservation or colony; days and hours for early voting; legal rights and remedies of property owners or lessors not affected by presence of such polling places.

NRS 293C.3576 Schedule of locations and days and hours for early voting; limitations on establishment of additional locations; extension of hours after publication of schedule.

NRS 293C.358 Appointment of deputy clerks.

NRS 293C.3583 Preparation of mechanical recording devices before polls open each day.

NRS 293C.3585 Procedure for early voting. [Effective through December 31, 2024.]

NRS 293C.3585 Procedure for early voting. [Effective January 1, 2025.]

NRS 293C.3594 Security precautions.

NRS 293C.3604 Mechanical recording devices: Duties of election board at close of each voting day; duties of ballot board for early voting and city clerk at close of last voting day.

NRS 293C.3606 Returns; secrecy of ballots; disseminating information about count of returns before polls close prohibited; penalty.

NRS 293C.3608 City clerk to ensure that mechanical recording devices used for early voting provide record of number of votes; delivery of records and storage devices to central counting place.

NRS 293C.361 Electioneering prohibited near polling place; penalty.

RETURNS AND CANVASS

NRS 293C.3615 Record made by city clerk of receipt at central counting place of sealed container used to transport official ballots.

NRS 293C.362 Preparation by counting board to count ballots; counting must be public and continue until completed; requirements for counting paper ballots; rejection of certain ballots; record of discrepancies.

NRS 293C.365 Accounting for all paper ballots before counting of votes begins.

NRS 293C.367 Standards for rejecting ballots for appearance of tampering; regulations for counting ballots.

NRS 293C.369 Standards for counting votes; regulations.

NRS 293C.370 Counting of votes cast for deceased candidate.

NRS 293C.372 Procedure for completion of tally lists.

NRS 293C.375 Duties of officers of counting board after ballots counted if paper ballots used.

NRS 293C.380 Posting of copies of voting results.

NRS 293C.387 Returns filed with city clerk; canvass of returns; preparation and entering of abstract of votes; limitation on inspection of returns; certificates of election; time after canvass when certain officers qualify and enter upon duties of office.

NRS 293C.389 Inclusion of inactive voters in reports of votes prohibited.

NRS 293C.390 Disposition and inspection of ballots, lists, audits, stubs and records of voted ballots after canvass by governing body of city.

NRS 293C.395 Prohibitions against withholding certificate of election or commission.

VOTER PREREGISTRATION AND REGISTRATION GENERALLY; REGISTRARS

NRS 293C.520 Designation by city clerk of building owned or leased by city as municipal facility at which persons may preregister or register to vote.

NRS 293C.525 Transfer of registration when residence changed from one precinct to another within same city or changed within same precinct; oral or written affirmation of elector; right of elector to vote.

NRS 293C.527 Close of registration; publication of day and time that each method of registration closes; hours of operation for municipal facility for voter registration.

NRS 293C.530 Sample ballots: Distribution; exceptions; inclusion of certain matters; required notices; form and type size; cost of distributing responsibility of city for city elections.

NRS 293C.532 Persons entitled to vote; authority of governing body of city to provide supplemental registration.

NRS 293C.535 Procedure for registration of electors in incorporated cities; preparation of rosters.

NRS 293C.540 Delivery of official register by county clerk to city clerk.

NRS 293C.542 Authority of governing body to publish list of registered voters.

NRS 293C.545 City required to compensate county registrar for certain services; payment from city general fund.

MECHANICAL VOTING SYSTEMS

Administration

NRS 293C.600 Preparation of computer program used to run computer or counting device; protection of program.

NRS 293C.615 Accuracy certification board to observe conduct of tests on equipment for mechanical voting; representatives of candidates and press authorized to observe.

NRS 293C.620 Issuance of ballots; procedure for voting.

Processing of Ballots

NRS 293C.625 Early pickup and delivery of ballots to central counting place; processing of ballots before polls close.

NRS 293C.630 Duties of election board upon and after closing of polls; public may observe handling of ballots.

NRS 293C.635 Procedure for delivery of ballots and election materials to receiving center or central counting place; disposition of other materials; members of general public allowed to observe delivery.

NRS 293C.640 Creation of special election boards; appointment of members to boards.

NRS 293C.645 Duties of central ballot inspection board.

NRS 293C.655 Duties of ballot duplicating board.

NRS 293C.660 Ballot processing and packaging board: Composition; duties.

NRS 293C.665 Computer program and processing accuracy board: Appointment; duties.

MISCELLANEOUS PROVISIONS

NRS 293C.700 Construction of containers used to transport official ballots.

NRS 293C.710 Loss or destruction of ballots, or other cause, preventing election in precinct or district; new election.

NRS 293C.715 Website maintained by city clerk for public information relating to elections; requirements.

NRS 293C.720 City clerks encouraged to provide election information and materials in usable format for persons who are elderly or disabled.

NRS 293C.725 Training on forensic signature verification required for local election officials.

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GENERAL PROVISIONS

NRS 293C.100 Applicability of chapter. The provisions of this chapter apply only to city elections.

(Added to NRS by 1997, 3420)

NRS 293C.110 Conduct of city election controlled by governing body.

1. Except as otherwise provided in NRS 293.5817 and 293C.263 to 293C.26337, inclusive, the conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards and do all other things required to carry the election into effect.

2. The governing body of the city may provide for the conduct of early voting by personal appearance in a city election pursuant to NRS 293.5772 to 293.5887, inclusive, and 293C.355 to 293C.361, inclusive.

(Added to NRS by 1997, 3424; A 1997, 2795; 1999, 267; 2009, 517; 2019, 4105; 2020, 32nd Special Session, 50; 2021, 1250)

NRS 293C.112 Governing body authorized to conduct city election by mail under certain circumstances.

1. The governing body of a city may conduct a city election in which all ballots must be cast by mail in accordance with the provisions of NRS 293C.263 to 293C.26337, inclusive, if:

(a) The election is a special election; or

(b) The election is a primary city election or general city election in which the ballot includes only:

(1) Offices and ballot questions that may be voted on by the registered voters of only one ward; or

(2) One office or ballot question.

2. The provisions of NRS 293.5772 to 293.5887, inclusive, 293C.265 to 293C.302, inclusive, and 293C.355 to 293C.361, inclusive, do not apply to an election conducted pursuant to this section.

(Added to NRS by 2009, 517; A 2017, 3823; 2019, 4105; 2020, 32nd Special Session, 51; 2021, 1251)

NRS 293C.115 Governing body of general law city required to set dates for primary and general city elections in accordance with this chapter. The governing body of a city incorporated pursuant to general law shall by ordinance provide for a primary city election and a general city election on the dates set forth for primary city elections and general city elections pursuant to the provisions of this chapter.

(Added to NRS by 2003, 674; A 2013, 1180, 2378; 2019, 3535)

NRS 293C.120 Governing body to provide ballots and supplies. The governing body of a city shall provide all necessary books, ballots and supplies for the proper conduct of city elections.

(Added to NRS by 1997, 3442)

GENERAL ELECTIONS

NRS 293C.140 Date of general city election in cities of population categories one and two; candidates to be voted upon by electors at large; terms of council members.

1. A general city election must be held in each city of population categories one and two on the first Tuesday after the first Monday in November of the first even-numbered year after incorporation, and at each successive interval of 2 years, at which time there must be elected the elective city officers, the offices of which are required next to be filled by election. All candidates, except as otherwise provided in NRS 266.220, at the general city election must be voted upon by the electors of the city at large.

2. The terms of office of the council members are 4 years, which terms must be staggered. The council members elected to office immediately after incorporation shall decide, by lot, among themselves which of their offices expire at the next general city election, and thereafter the terms of office must be 4 years.

(Added to NRS by 1997, 3421; A 2001, 634; 2003, 674; 2015, 1878; 2019, 3535)

1. A general city election must be held in each city of population category three on the first Tuesday after the first Monday in November of the first even-numbered year after incorporation, and at each successive interval of 2 years.

2. There must be one mayor and three or five council members, as the city council shall provide by ordinance, for each city of population category three. The terms of office of the mayor and the council members are 4 years, which terms must be staggered. The mayor and council members elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years. If a city council thereafter increases the number of council members, it shall, by lot, stagger the initial terms of the additional members.

3. A candidate for an office to be voted for at the general city election must file a declaration of candidacy with the city clerk not earlier than:

(a) For the office of judge of a municipal court, the first Monday in January of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January.

(b) For any other office, the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

4. At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate, and the candidate must pay to the city clerk, a filing fee in an amount fixed by the city council by ordinance or resolution.

5. Candidates for mayor must be voted upon by the electors of the city at large. Candidates for the city council must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

(Added to NRS by 1997, 3421; A 1997, 2795; 1999, 268; 2001, 634; 2003, 675; 2015, 1879; 2019, 3536; 3537; 2021, 33rd Special Session, 84)

NOMINATIONS AND CANDIDATES

1. A primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the second Tuesday in June of each even-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general city election.

2. A candidate for an office to be voted for at the primary or general city election must file a declaration of candidacy with the city clerk not earlier than:

(b) For any other office, the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

3. At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate, and the candidate must pay to the city clerk, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

4. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

5. If, in a primary city election held in a city of population category one or two, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

(Added to NRS by 1997, 3420; A 1997, 2794; 1999, 268, 3555; 2001, 634; 2003, 675; 2009, 518; 2015, 1481; 2019, 3538; 3539; 2021, 33rd Special Session, 85)

NRS 293C.180 Declaration of nominees: Unopposed candidate declared elected without holding election; omission and appearance of names on primary and general ballot; exceptions.

1. If at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate who has filed for nomination for an office, that candidate must be declared elected and no election may be held for that office.

2. Except as otherwise provided in subsection 1, if not more than twice the number of candidates to be elected have filed for nomination for an office, the names of those candidates must be omitted from all ballots for a primary city election and placed on all ballots for a general city election.

3. If more than twice the number of candidates to be elected have filed for nomination for an office, the names of the candidates must appear on the ballot for a primary city election. Except as otherwise provided in NRS 293.400 and subsection 5 of NRS 293C.175, those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

(Added to NRS by 1997, 3421; A 2019, 3394, 3539)

1. Except as otherwise provided in NRS 293C.190, a name may not be printed on a ballot to be used at a primary or general city election unless the person named has, in accordance with NRS 293C.145 or 293C.175, as applicable, timely filed a declaration of candidacy with the appropriate filing officer and paid the filing fee established by the governing body of the city.

2. A declaration of candidacy required to be filed pursuant to this chapter must be in substantially the following form:

Declaration of Candidacy of ........ for the

Office of ................

State of Nevada

City of..............................

For the purpose of having my name placed on the official ballot as a candidate for the office of .................., I, .................., the undersigned do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .................., in the City or Town of .................., County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .................., and the address at which I receive mail, if different than my residence, is ..................; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

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

(Designation of name)

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

(Signature of candidate for office)

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

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

Notary Public or other person

authorized to administer an oath

3. The address of a candidate that must be included in the declaration of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

(a) The candidate shall not list the candidate’s address as a post office box unless a street address has not been assigned to the residence; and

(b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:

(1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

(2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card.

4. If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

(a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate; and

(b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050. The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.

5. The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4. Such a copy:

(a) May not be withheld from the public; and

(b) Must not contain the social security number, driver’s license or identification card number or account number of the candidate.

6. By filing the declaration of candidacy, the candidate shall be deemed to have appointed the city clerk as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.

7. If the city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored, the city clerk:

(a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored; and

(b) Shall transmit the credible evidence and the findings from such investigation to the city attorney.

8. The receipt of information by the city attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186 to which the provisions of NRS 293.2045 apply.

9. Any person who knowingly and willfully files a declaration of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.

(Added to NRS by 1997, 3422; A 1999, 269, 679, 2163; 2001, 149, 676; 2003, 676, 686, 1724; 2005, 2291; 2007, 1170; 2017, 3302; 2019, 3394, 3421, 3540, 4106)

NRS 293C.1855 Questionnaire for candidates for municipal judge; filing officers required to post questionnaires on Internet.

1. A candidate for the office of municipal judge who is not the incumbent shall complete and file with the city clerk, along with the declaration of candidacy for that office, a questionnaire prescribed by the Nevada Supreme Court. The questionnaire must include, without limitation, information on:

(a) The education of the candidate; and

(b) The qualifications possessed by the candidate which are relevant to the office of municipal judge.

2. A candidate for the office of municipal judge who is the incumbent may complete and file with the city clerk the questionnaire described in subsection 1 within the time period prescribed by NRS 293C.175 for a candidate for the office of municipal judge to file a declaration of candidacy.

3. Upon receipt of the questionnaire completed and filed pursuant to subsection 1 or 2, the city clerk shall post the questionnaire on the Internet website of the city clerk.

(Added to NRS by 2023, 1108)

NRS 293C.186 Written challenges concerning qualifications of candidates; enforcement in preelection actions.

1. After a person files a declaration of candidacy to be a candidate for an office, and not later than 5 days after the last day the person may withdraw his or her candidacy pursuant to NRS 293C.195, an elector may file with the city clerk a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or laws of this State. Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the person who is being challenged.

2. A challenge filed pursuant to subsection 1 must:

(a) Indicate each qualification the person fails to meet;

(b) Have attached all documentation and evidence supporting the challenge; and

3. Upon receipt of a challenge pursuant to subsection 1, the city clerk shall immediately transmit the challenge to the city attorney.

4. If the city attorney determines that probable cause exists to support the challenge, the city attorney shall, not later than 5 working days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

5. If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the Constitution or laws of this State, or if the person fails to appear at the hearing, the person is subject to the provisions of NRS 293.2045.

6. If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the person who was challenged.

(Added to NRS by 2001, 675; A 2017, 3305; 2019, 3397)

1. In addition to any other remedy or penalty provided by law, if a person knowingly and willfully files a declaration of candidacy which contains a false statement:

(a) The name of the person must not appear on any ballot for the election for which the person filed the declaration of candidacy, except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply; and

(b) The person is disqualified from entering upon the duties of the office for which the person filed the declaration of candidacy.

2. If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election because the statutory deadline for making changes to the ballot has passed, the appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.

3. The provisions of this section may be enforced in any preelection action to which the provisions of NRS 293.2045 apply.

(Added to NRS by 2001, 676; A 2011, 3285; 2017, 3306; 2019, 3398)

NRS 293C.187 Contents and publication of notice of primary or general city election. Not later than 30 days before the primary city election and the general city election, the city clerk shall cause to be published a notice of the election in a newspaper of general circulation in the city once a week for 2 successive weeks. If a newspaper of general circulation is not published in the city, the publication may be made in a newspaper of general circulation published within the county in which the city is located. If a newspaper of general circulation is not published in that county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:

1. The date of the election.

2. The location of the polling places.

3. The hours during which the polling places will be open for voting.

(Added to NRS by 1999, 265; A 2019, 4108)

NRS 293C.190 Procedure for filling vacancy in nomination.

1. A vacancy occurring in a nomination for a city office before 5 p.m. of the fourth Friday in July of the year in which the general city election is held must be filled by the person who received the next highest vote for the nomination in the primary city election if a primary city election was held for that city office. If no primary city election was held for that city office or if there was not more than one person who was seeking the nomination in the primary city election, a person may become a candidate for the city office at the general city election if the person files a declaration of candidacy with the appropriate filing officer and pays the filing fee established by the governing body of the city before 5 p.m. on the fourth Friday in July.

2. No change may be made on the ballot for the general city election after 5 p.m. on the fourth Friday in July of the year in which the general city election is held. If, after that time and date:

(a) A nominee dies or is adjudicated insane or mentally incompetent; or

(b) A vacancy in the nomination is otherwise created,

Ê the nominee’s name must remain on the ballot for the general city election and, if elected, a vacancy exists.

(Added to NRS by 1997, 3423; A 1999, 3555; 2003, 677, 1709; 2019, 3398, 3424, 3542)

NRS 293C.195 Procedure for withdrawing candidacy. A withdrawal of candidacy for a city office must be in writing and presented to the city clerk by the candidate in person within 2 days, excluding Saturdays, Sundays and holidays, after the last day for filing a declaration of candidacy.

(Added to NRS by 1997, 3423; A 1999, 3556; 2019, 3399)

NRS 293C.200 Residency requirements for candidates; unlawful for candidates to make certain false statements.

1. In addition to any other requirement provided by law, no person may be a candidate for a city office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations of candidacy for the office that the person seeks, the person has in accordance with NRS 281.050, actually, as opposed to constructively, resided in the city or other area prescribed by law to which the office pertains and, if elected, over which he or she will have jurisdiction or which he or she will represent.

2. Any person who knowingly and willfully files a declaration of candidacy which contains a false statement regarding the person’s residency in violation of this section is guilty of a gross misdemeanor.

(Added to NRS by 1997, 3423; A 1999, 2164; 2001, 678; 2017, 3306; 2019, 3399)

ELECTION BOARDS

NRS 293C.220 Appointment of officers by city clerk; appointment of law enforcement officers for polling places; appointment of trainees.

1. The city clerk shall appoint and notify registered voters to act as election board officers for the various polling places and precincts in the city as provided in NRS 293.225, 293.227, 293C.227, 293C.228 and 293C.26329. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the city clerk, the chief law enforcement officer of the city shall:

(a) Appoint an officer for each polling place in the city and for the central election board and the mail ballot central counting board; or

(b) Deputize, as an officer for the election, an election board officer for each polling place and for the central election board and the mail ballot central counting board. The deputized officer may not receive any additional compensation for the services he or she provides as an officer during the election for which the officer is deputized.

Ê Officers so appointed and deputized shall preserve order during hours of voting and attend the closing of the polls.

2. The city clerk may appoint a trainee for the position of election board officer as set forth in NRS 293C.222.

(Added to NRS by 1997, 3424; A 1999, 270; 2007, 2609; 2015, 3166; 2021, 1251)

NRS 293C.222 Appointment of pupil as trainee: Qualifications; requirements; duties; compensation.

1. The city clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:

(a) A United States citizen, a resident of Nevada and a resident of the city in which the pupil serves;

(b) Enrolled in high school; and

2. The city clerk may only appoint a pupil as a trainee if:

(a) The pupil is appointed without party affiliation;

(b) The city clerk sends the pupil a certificate stating the date and hours that the pupil will act as a trainee;

(c) At least 20 days before the election in which the pupil will act as a trainee, the principal of the high school or the assigned school counselor of the pupil receives the city clerk’s certificate and a written request signed by the pupil’s parent or guardian to be excused from school for the time specified in the certificate;

(d) The principal of the high school or the assigned school counselor of the pupil approves the pupil’s request; and

(e) The pupil attends the training class required by NRS 293B.260.

3. Except as otherwise provided in this subsection, the city clerk may assign a trainee such duties as the city clerk deems appropriate. The city clerk shall not require the trainee to perform those duties later than 10 p.m., or any applicable curfew, whichever is earlier.

4. The city clerk may compensate a trainee for service at the same rate fixed for election board officers generally.

(Added to NRS by 1999, 265; A 2003, 1658; 2015, 3167; 2019, 4108)

NRS 293C.225 Recommendations by chair of persons suitable for service. The city clerk may provide, by rule or regulation, for the:

1. Recommendation, by the persons selected as chairs of election boards, of suitable persons to serve as members of election boards; and

2. Recommendations, by the chairs, of suitable persons to serve in the case of vacancies.

(Added to NRS by 1997, 3424)

NRS 293C.227 Delivery of notice of appointment to officer or trainee. Upon the selection of persons to act as election board officers pursuant to NRS 293C.220 or as trainees pursuant to NRS 293C.222, the city clerk shall deliver, by mail or other means, notifications of the appointments to those persons.

(Added to NRS by 1999, 266)

NRS 293C.228 Notice of unwillingness to serve as officer or trainee; appointment of replacement. If any person appointed to serve as an election board officer pursuant to NRS 293C.220 or as a trainee pursuant to NRS 293C.222 is unwilling to serve as appointed, the person shall notify the city clerk within 5 days after receipt of the notification that he or she is unwilling to serve, whereupon the city clerk shall appoint some other registered voter to serve at the election.

(Added to NRS by 1999, 266)

BALLOTS

NRS 293C.255 Name of candidate on ballot not to include title, designation of profession or occupation. In any election regulated by this chapter, the names of candidates as printed on the ballot must not include any title, designation or other reference that indicates the profession or occupation of the candidates.

(Added to NRS by 1997, 3425)

NRS 293C.257 Form of ballot for primary city election; names of candidates to be grouped alphabetically; exception. For a primary city election, there must appear at the top of each ballot the designation “Candidates for city offices.” Except as otherwise provided in NRS 293.2565, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the office for which those candidates filed.

(Added to NRS by 1997, 3425; A 2003, 1726)

NRS 293C.260 Form of ballot for general city election; names of candidates to be grouped alphabetically; exception.

1. Except as otherwise provided in NRS 293C.140, ballots for a general city election must contain the names of candidates who were nominated at the primary city election.

2. Except as otherwise provided in NRS 293.2565, the names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.

(Added to NRS by 1997, 3425; A 2003, 1726)

NRS 293C.261 Ballot to indicate date of election and at which election ballot will be used.

1. A ballot prepared for use in a city election must be dated and marked in such a manner as to indicate clearly at which city election the ballot will be used.

2. If a ballot includes a detachable stub, both the ballot and the stub must include the date of the city election and indicate clearly at which city election the ballot will be used.

3. If a ballot includes a voting receipt, the voting receipt must include the date of the city election and indicate clearly at which city election the voter cast the ballot.

(Added to NRS by 1999, 266; A 2007, 2610)

NRS 293C.262 Order of listing offices and questions; division of ballots; color of ballots and voting receipts.

1. The offices for which there are candidates, the names of the candidates therefor and the questions to be voted upon must be printed on ballots for a city election in the following order:

(a) City offices:

(1) Mayor;

(2) Council members according to ward in numerical order, if no wards, in alphabetical order; and

(3) Municipal judges.

(b) Questions presented to the voters of a city or a portion of a city with advisory questions listed in consecutive order after any other questions presented to the voters of the city.

2. The city clerk:

(a) May divide paper ballots into two sheets in a manner that provides a clear understanding and grouping of all measures and candidates.

(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

(Added to NRS by 1997, 3425; A 1999, 679; 2003, 3198)

MEETINGS WITH INDIAN TRIBES

NRS 293C.2625 Deadlines; requirements; facilitation of meetings.

1. Each city clerk shall schedule a meeting with each Indian tribe located in whole or in part within the city for, to the extent practicable:

(a) Not later than August 1 of each odd-numbered year to discuss the details for the next regularly scheduled election cycle. Such a meeting may address, without limitation:

(1) The establishment and operation of polling places, temporary branch polling places or ballot drop boxes within an Indian reservation or Indian colony and the size requirements for any such polling places and temporary branch polling places;

(2) The dates and times of the upcoming elections for which polling places, temporary branch polling places or ballot drop boxes may be established;

(3) The deadlines relating to the next regularly scheduled election cycle for the Indian tribe to submit a request pursuant to NRS 293C.2675 and 293C.3572 for the establishment of polling places, temporary branch polling places or ballot drop boxes;

(4) Responsibilities for the recruitment of election board officers; and

(5) Any other information relating to the establishment and operation of polling places, temporary branch polling places and ballot drop boxes;

(b) Not later than September 1 of each odd-numbered year to confirm any details relating to the establishment and operation of polling places, temporary branch polling places or ballot drop boxes. Such a meeting may address, without limitation:

(1) Whether the Indian tribe will request or has requested to establish any polling places, temporary branch polling places or ballot drop boxes within an Indian reservation or Indian colony and the size requirements for any such polling places and temporary branch polling places;

(2) The days and hours of any polling place or temporary branch polling place established within an Indian reservation or Indian colony;

(3) Election board officers for any polling place or temporary branch polling place established within an Indian reservation or Indian colony; and

(4) The deadlines relating to the next regularly scheduled election cycle for the Indian tribe to submit a request pursuant to NRS 293C.2675 and 293C.3572; and

(c) On an ongoing basis during the year of an election if an Indian tribe elects to establish any polling places or temporary branch polling places within an Indian reservation or Indian colony.

2. If a city clerk:

(a) Is unable to make contact with an Indian tribe to carry out the requirements of subsection 1, the city clerk shall contact the Secretary of State to facilitate contact; or

(b) Has not contacted an Indian tribe, a representative of the Indian tribe may contact the Secretary of State to facilitate contact.

3. The tribal liaison designated by the Office of the Secretary of State pursuant to NRS 233A.260 may assist a city clerk or an Indian tribe to facilitate any contact required pursuant to this section.

(Added to NRS by 2023, 1531)

MAIL BALLOT VOTING

NRS 293C.263 Preparation and distribution of mail ballots; exceptions; mail ballot contents; time for distribution; mootness of untimely legal action which would prevent distribution.

1. Except as otherwise provided in this section, the city clerk shall prepare and distribute to each active registered voter in the city and each person who registers to vote or updates his or her voter registration information not later than the 14 days before the election a mail ballot for every election. The city clerk shall make reasonable accommodations for the use of the mail ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the mail ballot in 12-point type to a person who is elderly or disabled.

2. The city clerk shall allow a voter to elect not to receive a mail ballot pursuant to this section by submitting to the city clerk a written notice in the form prescribed by the city clerk which must be received by the city clerk not later than 60 days before the day of the election.

3. The city clerk shall not distribute a mail ballot to any person who:

(a) Registers to vote for the election pursuant to the provisions of NRS 293.5772 to 293.5887, inclusive; or

(b) Elects not to receive a mail ballot pursuant to subsection 2.

4. The mail ballot must include all offices, candidates and measures upon which the voter is entitled to vote at the election.

5. Except as otherwise provided in subsections 2 and 3, the mail ballot must be distributed to:

(a) Each active registered voter who:

(1) Resides within the State, not later than 20 days before the election; and

(2) Except as otherwise provided in paragraph (b), resides outside the State, not later than 40 days before the election.

(b) Each active registered voter who registers to vote after the dates set for distributing mail ballots pursuant to paragraph (a) but who is eligible to receive a mail ballot pursuant to subsection 1, not later than 13 days before the election.

(c) Each covered voter who is entitled to have a military-overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time required by those provisions.

6. In the case of a special election where no candidate for federal office will appear on the ballot, the mail ballot must be distributed to each active registered voter not later than 15 days before the special election.

7. Any untimely legal action which would prevent the mail ballot from being distributed to any voter pursuant to this section is moot and of no effect.

(Added to NRS by 2021, 1243)

NRS 293C.26312 Methods of distribution and other requirements for mail ballots and supporting materials; recordation of certain information by city clerk.

1. Except as otherwise provided in subsection 2, NRS 293C.263 and chapter 293D of NRS, the city clerk shall send to each active registered 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:

(a) A mail ballot;

(b) A return envelope;

(d) Instructions.

2. In sending a mail ballot to an active registered voter, the city clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the mail ballot is mailed.

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

4. Before sending a mail ballot to an active registered voter, the city clerk shall record:

(a) The date the mail ballot is issued;

(b) The name of the voter to whom the mail ballot is issued, his or her precinct or district and his or her political affiliation, if any, unless all the offices on the mail ballot are nonpartisan offices;

(d) Any remarks the city clerk finds appropriate.

5. The Secretary of State shall prescribe:

(a) The form of all envelopes in which mail ballots are sent to voters and return envelopes, which must, except as otherwise provided in paragraph (b), be uniform throughout the State; and

(b) A method for distinguishing the return envelopes of each city which must be prominently displayed on the outside of the return envelope.

(Added to NRS by 2021, 1244; A 2023, 3310)

1. Except as otherwise provided in subsection 2, if a person applied by mail or computer to register to vote, or preregistered to vote by mail or computer and is subsequently deemed to be registered to vote, and the person has not previously voted in any election for federal office in this State, the city clerk must inform the person that he or she must include a copy of the information required in paragraph (b) of subsection 1 of NRS 293.2725 in the return envelope with the mail ballot.

2. The provisions of subsection 1 do not apply to a person who:

(a) Registers to vote by mail or computer, or preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and submits with his or her application to preregister or register to vote:

(1) A copy of a current and valid photo identification; or

(2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card;

(b) Registers to vote by mail or computer and submits with his or her application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

(c) Registers to vote pursuant to NRS 293.5732 to 293.5757, inclusive, and at that time presents to the Department of Motor Vehicles:

(1) A copy of a current and valid photo identification;

(3) A driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

(d) Is entitled to vote pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.;

(e) Is provided the right to vote otherwise than in person pursuant to the provisions of the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or

(f) Is entitled to vote otherwise than in person pursuant to the provisions of any other federal law.

3. If a person fails to provide the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her mail ballot:

(a) The mail ballot must be treated as a provisional ballot; and

(b) The city clerk must:

(1) Contact the person;

(2) Allow the person to provide the identification required before 5 p.m. on the sixth day following the election; and

(3) If the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is delivered to the appropriate mail ballot central counting board.

(Added to NRS by 2021, 1244)

2. The provisions of subsection 1 do not apply to a person who:

(1) A copy of a current and valid photo identification; or

(c) Registers to vote pursuant to NRS 293.5768 to 293.57699, inclusive, and at that time presents to the automatic voter registration agency:

(1) A copy of a current and valid photo identification;

(d) Is entitled to vote pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.;

(e) Is provided the right to vote otherwise than in person pursuant to the provisions of the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or

(f) Is entitled to vote otherwise than in person pursuant to the provisions of any other federal law.

3. If a person fails to provide the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her mail ballot:

(a) The mail ballot must be treated as a provisional ballot; and

(b) The city clerk must:

(1) Contact the person;

(2) Allow the person to provide the identification required before 5 p.m. on the sixth day following the election; and

(3) If the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is delivered to the appropriate mail ballot central counting board.

(Added to NRS by 2021, 1244, effective January 1, 2025)

NRS 293C.26316 Procedure for voting by mail ballot; procedure for voting in person after mail ballot sent to voter.

1. Except as otherwise provided in NRS 293C.26318 and chapter 293D of NRS, in order to vote a mail ballot, the voter must, in accordance with the instructions:

(a) Mark and fold the mail ballot;

(b) Deposit the mail ballot in the return envelope and seal the return envelope;

(d) Mail or deliver the return envelope in a manner authorized by law.

2. Except as otherwise provided in chapter 293D of NRS, voting must be only upon candidates whose names appear upon the mail ballot as prepared pursuant to NRS 293C.263, and no person may write in the name of an additional candidate for any office.

3. If a mail ballot has been sent to a voter who applies to vote in person at a polling place, including, without limitation, a polling place for early voting, the voter must, in addition to complying with all other requirements for voting in person that are set forth in this chapter, surrender his or her mail ballot or sign an affirmation under penalty of perjury that the voter has not voted during the election. A person who receives a surrendered mail ballot shall mark it “Cancelled.”

(Added to NRS by 2021, 1245)

NRS 293C.26318 Unlawful to mark and sign mail ballot on behalf of voter or assist voter to mark and sign mail ballot; exceptions.

1. Except as otherwise provided in this section, a person shall not mark and sign a mail ballot on behalf of a voter or assist a voter to mark and sign a mail ballot pursuant to the provisions of NRS 293C.263 to 293C.26337, inclusive.

2. At the direction of a voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign a mail ballot on behalf of the voter or assist the voter to mark and sign a mail ballot pursuant to this section.

3. If a person marks and signs a mail ballot on behalf of a voter pursuant to this section, the person must indicate next to his or her signature that the mail ballot has been marked and signed on behalf of the voter.

4. If a person assists a voter to mark and sign a mail ballot pursuant to this section, the person must include on the return envelope his or her name, address and signature.

(Added to NRS by 2021, 1246)

NRS 293C.26321 Procedure for timely returning mail ballot; treatment of mail ballot when postmark cannot be determined; requirements for ballot drop boxes.

1. Except as otherwise provided in subsection 2 and chapter 293D of NRS, in order for a mail ballot to be counted for any election, the mail ballot must be:

(a) Before the time set for closing of the polls, delivered by hand to the city clerk, or any ballot drop box established in the city, pursuant to this section; or

(b) Mailed to the city clerk, and:

(1) Postmarked on or before the day of the election; and

(2) Received by the clerk not later than 5 p.m. on the fourth day following the election.

2. If a mail ballot is received by mail not later than 5 p.m. on the third day following the election and the date of the postmark cannot be determined, the mail ballot shall be deemed to have been postmarked on or before the day of the election.

3. Each city clerk must establish a ballot drop box at every polling place in the city, including, without limitation, a polling place for early voting. A city clerk may establish a drop box at any other location in the city where mail ballots can be delivered by hand and collected during the period for early voting and on election day. No person other than a clerk may establish a drop box for mail ballots.

4. A ballot drop box must be:

(a) Constructed of metal or any other rigid material of sufficient strength and resistance to protect the security of the mail ballots; and

(b) Capable of securely receiving and holding the mail ballots and being locked.

5. A ballot drop box must be:

(a) Placed in an accessible and convenient location at the office of the city clerk, or a polling place in the city; and

(b) Made available for use during the hours when the office of the city clerk, or the polling place, is open for business or voting, as applicable.

(Added to NRS by 2021, 1246)

NRS 293C.26323 Persons authorized to return mail ballot; unlawful acts relating to return of mail ballot; penalty.

1. Except as otherwise provided in subsection 2, at the request of a voter whose mail ballot has been prepared by or on behalf of the voter, a person authorized by the voter may return the mail ballot on behalf of the voter by mail or personal delivery to the city clerk, or any ballot drop box established in the city, pursuant to NRS 293C.26321.

2. Except for an election board officer in the course of the election board officer’s official duties, a person shall not willfully:

(a) Impede, obstruct, prevent or interfere with the return of a voter’s mail ballot;

(b) Deny a voter the right to return the voter’s mail ballot; or

(c) If the person receives the voter’s mail ballot and authorization to return the mail ballot on behalf of the voter by mail or personal delivery, fail to return the mail ballot, unless otherwise authorized by the voter, by mail or personal delivery:

(1) Before the end of the third day after the day of receipt, if the person receives the mail ballot from the voter four or more days before the day of the election; or

(2) Before the deadline established by the United States Postal Service for the mail ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mail ballot from the voter three or fewer days before the day of the election.

3. A person who violates any provision of subsection 2 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 2021, 1247)

NRS 293C.26325 Establishment of procedures for processing and counting mail ballots.

1. The city clerk shall establish procedures for the processing and counting of mail ballots.

2. The procedures established pursuant to subsection 1:

(a) May authorize mail ballots to be processed, verified and counted by computer or other electronic means; and

(b) Must not conflict with the provisions of NRS 293C.263 to 293C.26337, inclusive.

(Added to NRS by 2021, 1247)

1. Except as otherwise provided in NRS 293D.200, when a mail ballot is returned by or on behalf of a voter to the city clerk, and a record of its return is made in the mail ballot record for the election, the clerk or an employee in the office of the clerk shall check the signature used for the mail ballot by electronic means pursuant to subsection 2 or manually pursuant to subsection 3.

2. To check the signature used for a mail ballot by electronic means:

(a) The electronic device must take a digital image of the signature used for the mail ballot and electronically compare the digital image with the signatures of the voter from his or her application to register to vote or application to preregister to vote available in the records of the city clerk.

(b) If the electronic device does not match the signature of the voter, the signature shall be reviewed manually pursuant to the provisions of subsection 3.

3. To check the signature used for a mail ballot manually, the city clerk shall use the following procedure:

(a) The clerk or employee shall check the signature used for the mail ballot against all signatures of the voter available in the records of the clerk.

(b) If at least two employees in the office of the clerk believe there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the clerk shall contact the voter and ask the voter to confirm whether the signature used for the mail ballot belongs to the voter.

4. For purposes of subsection 3:

(a) There is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if the signature used for the mail ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk.

(b) There is not a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if:

(1) The signature used for the mail ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name, the substitution of a different type of punctuation in the first, middle or last name, the use of a common nickname or the use of one last name for a person who has two last names and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk; or

(2) There are only slight dissimilarities between the signature used for the mail ballot and the signatures of the voter available in the records of the clerk.

5. Except as otherwise provided in subsection 6, if the clerk determines that the voter is entitled to cast the mail ballot, the clerk shall deposit the mail ballot in the proper ballot box or place the mail ballot, unopened, in a container that must be securely locked or under the control of the clerk at all times. The clerk shall deliver the mail ballots to the mail ballot central counting board to be processed and prepared for counting.

6. If the clerk determines when checking the signature used for the mail ballot that the voter failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot or that there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, but the voter is otherwise entitled to cast the mail ballot, the clerk shall contact the voter and advise the voter of the procedures to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the sixth day following the election.

7. The clerk shall prescribe procedures for a voter who failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot, or for whom there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, in order to:

(a) Contact the voter;

(b) Allow the voter to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable; and

(c) After a signature or a confirmation is provided, as applicable, ensure the mail ballot is delivered to the mail ballot central counting board.

8. If there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the voter must be identified by:

(a) Answering questions from the city clerk covering the personal data which is reported on the application to register to vote;

(b) Providing the city clerk, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the city clerk with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter.

9. The procedures established pursuant to subsection 7 for contacting a voter must require the clerk to contact the voter, as soon as possible after receipt of the mail ballot, by:

(a) Mail;

(b) Telephone, if a telephone number for the voter is available in the records of the clerk; and

(c) Electronic means, which may include, without limitation, electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means.

(Added to NRS by 2021, 1247)

NRS 293C.26329 Appointment and membership of mail ballot central counting board; board under direction of city clerk.

1. The city clerk shall appoint a mail ballot central counting board for the election.

2. The clerk shall appoint and notify voters to act as election board officers for the mail ballot central counting board in such numbers as the clerk determines to be required by the volume of mail ballots required to be sent to each active registered voter in the city for the election. The voters appointed as election board officers for the mail ballot central counting board must not all be of the same political party. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as such an election board officer.

3. The clerk’s deputies who perform duties in connection with elections shall be deemed officers of the mail ballot central counting board.

4. The mail ballot central counting board is under the direction of the clerk.

(Added to NRS by 2021, 1249)

NRS 293C.26331 Period for counting mail ballots; counting must be public; rejection of certain mail ballots.

1. The mail ballot central counting board may begin counting the received mail ballots 15 days before the day of the election. The board must complete the count of all mail ballots on or before the seventh day following the election. The counting procedure must be public.

2. If two or more mail ballots are found folded together to present the appearance of a single ballot, the mail ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by an election board officer and placed in the container or ballot box after the count is completed.

(Added to NRS by 2021, 1249)

NRS 293C.26333 Process for counting mail ballots; requirements relating to empty envelopes and rejected mail ballots. Except as otherwise provided in NRS 293D.200, each mail ballot central counting board shall process the mail ballots in the following manner:

1. The name of the voter, as shown on the return envelope, must be checked as if the voter were voting in person;

2. An election board officer shall indicate in the roster “Received” by the name of the voter;

3. If the board determines the voter is entitled to cast a mail ballot and all other processing steps have been completed, the return envelope must be opened and the mail ballot counted;

4. An election board officer shall indicate “Voted” by the name of the voter; and

5. When all mail ballots delivered to the board have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected mail ballots must be returned to the clerk. On all envelopes containing rejected mail ballots, the cause of rejection must be noted and the envelope signed by an election board officer.

(Added to NRS by 2021, 1249)

1. The voting results of the mail ballot vote in each precinct must be certified and submitted to the city clerk, who shall have the results added to the votes of the precinct that were not cast by mail ballot. The returns of the mail ballot vote must be reported separately from the other votes that were not cast by mail ballot in the precinct unless reporting the returns separately would violate the secrecy of a voter’s ballot.

2. The clerk shall develop a procedure to ensure that each mail ballot is kept secret.

3. No voting results of mail ballots may be released until all polling places are closed and all votes have been cast on the day of the election. Any person who disseminates to the public in any way information pertaining to the count of mail ballots before all polling places are closed and all votes have been cast on the day of the election is guilty of a misdemeanor.

(Added to NRS by 2021, 1250)

NRS 293C.26337 City clerk to test accuracy of electronic devices used to verify signatures on mail ballots; daily audit required during processing of mail ballots. If a city clerk uses an electronic device in an election to verify signatures on mail ballots:

1. The city clerk must conduct a test of the accuracy of the electronic devices before the election. The test must be conducted in a manner that ensures the electronic device will use the same standards for determining the validity of a signature as would be used by a natural person verifying the signature pursuant to NRS 293C.26327.

2. The city clerk must perform daily audits of each electronic device during the processing of mail ballots for the election. The daily audit must include a review of a sample of at least 1 percent of the signatures verified each day. The city clerk shall appoint election board officers who must not all be of the same political party to manually review the signatures. The city clerk must prepare a report of each daily audit.

(Added to NRS by 2021, 1250)

VOTING AT POLLS

NRS 293C.265 Voting in person required at first city election after valid registration for voter who registered to vote by mail or computer; exceptions.

1. Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote shall, for the first city election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote.

2. The provisions of subsection 1 do not apply to a person who:

(a) Is entitled to vote otherwise than in person pursuant to federal law or chapter 293D of NRS;

(b) Is disabled;

(c) Is provided the right to vote otherwise than in person pursuant to the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or

(d) Is sent a mail ballot pursuant to the provisions of NRS 293C.26312 and includes a copy of the information required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her voted mail ballot, if required pursuant to NRS 293C.26314.

(Added to NRS by 1997, 3426; A 1999, 2164; 2001, 1437; 2003, 2187; 2011, 1929, 2102; 2019, 4109; 2020, 32nd Special Session, 51; 2021, 1252)

NRS 293C.267 Time for opening and closing polls; duties of election board officers; persons permitted inside certain areas of polls.

1. Except as otherwise provided in NRS 293C.297, at all elections held pursuant to the provisions of this chapter, the polls must open at 7 a.m. and close at 7 p.m.

2. Upon opening the polls, one of the election board officers shall cause a proclamation to be made so that all present may be aware of the fact that applications will be received from:

(a) Registered voters who apply to vote at the polling place; and

(b) Electors who apply to register to vote or apply to vote at the polling place pursuant to NRS 293.5772 to 293.5887, inclusive.

3. No person, other than election board officers engaged in receiving, preparing or depositing ballots or registering electors, may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this chapter.

(Added to NRS by 1997, 3426; A 2001, 2957; 2015, 3167; 2019, 4109)

NRS 293C.2675 Establishment of polling places and ballot drop boxes within Indian reservation or colony.

1. If an Indian reservation or Indian colony is located in whole or in part within a city, the city clerk shall, except as otherwise provided in subsections 2 and 5, establish within the boundaries of the Indian reservation or Indian colony at a location approved by the Indian tribe for the day of a primary city election or general city election a polling place and a ballot drop box.

2. An Indian tribe may elect not to have a polling place and ballot drop box established within the boundaries of an Indian reservation or Indian colony for the day of a primary city election or general city election by submitting notice to the city clerk on or before:

(a) If the notice is for a primary city election, January 15 of the year in which the primary city election is to be held.

(b) If the notice is for a general city election, June 15 of the year in which the general city election is to be held.

3. Any location of a polling place and ballot drop box established pursuant to subsection 1 must satisfy the criteria the city clerk uses for the establishment of any other polling place and ballot drop box, as applicable.

4. Except as otherwise provided in subsection 5, the city clerk must continue to establish one polling place and ballot drop box within the boundaries of the Indian reservation or Indian colony at a location approved by the Indian tribe for the day of any future primary city election or general city election unless otherwise notified by the Indian tribe pursuant to subsection 2.

5. Not later than the dates set forth in subsection 2 to elect not to have a polling place and ballot drop box established within the boundaries of the Indian reservation or Indian colony, an Indian tribe that elects to have a polling place and ballot drop box established must submit to the city clerk and the tribal liaison designated by the Office of the Secretary of State pursuant to NRS 233A.260:

(a) The location for the polling place and ballot drop box and whether the location will have only a polling place or ballot drop box or both a polling place and ballot drop box;

(b) Whether the Indian tribe will select registered voters to be appointed to act as election board officers to staff the polling place within the boundaries of the Indian reservation or Indian colony; and

Ê If an Indian tribe does not submit the information required pursuant to this subsection, the Indian tribe shall be deemed to have elected not to have a polling place and ballot drop box established within the boundaries of the Indian reservation or Indian colony.

(Added to NRS by 2017, 3822; A 2019, 178, 3543; 2021, 1252; 2023, 2523)

NRS 293C.268 Establishment of polling place for precinct in residential development exclusively for elderly persons. The city clerk shall establish at least one polling place for a precinct in any residential development exclusively for elderly persons if:

1. More than 100 of the residents of the development are registered to vote;

2. There is a common area in the development which is adequate and available; and

3. The owner of the development consents to the establishment of the polling place on his or her property.

(Added to NRS by 1999, 265)

NRS 293C.2685 Polling place not to be established in any building named for candidate appearing on ballot. A polling place for an election must not be established in any building or other structure named for a candidate whose name appears on a ballot for that election.

(Added to NRS by 2005, 2290)

NRS 293C.269 Members of general public allowed to observe conduct of voting at polling place; photographing or otherwise recording conduct of voting by members of general public prohibited.

1. The city clerk shall allow members of the general public to observe the conduct of voting at a polling place for a city election.

2. A member of the general public shall not photograph the conduct of voting at a polling place for a city election or record the conduct of voting on audiotape or any other means of sound or video reproduction.

3. For the purposes of this section, a member of the general public does not include any person who:

(a) Gathers information for communication to the public;

(b) Is employed or engaged by or has contracted with a newspaper, periodical, press association, or radio or television station; and

(Added to NRS by 1999, 266)

NRS 293C.2695 Possession of certain rosters by election board required for performance of board’s duties; required tests of electronic rosters before election.

1. Except as otherwise provided in subsection 2, an election board may not perform its duty in serving registered voters at any polling place in any election provided for in this title, unless it has before it:

(a) The roster designated for registered voters who apply to vote at the polling place; and

(b) The roster designated for electors who apply to register to vote or apply to vote at the polling place pursuant to NRS 293.5772 to 293.5887, inclusive.

2. For a polling place established pursuant to NRS 293C.3032, an election board may perform its duty in serving registered voters at the polling place in an election if the election board has before it the roster for the city.

3. If a city clerk uses an electronic roster, not earlier than 2 weeks before and not later than 5 p.m. on the day before the first day of the period for early voting by personal appearance, the city clerk shall complete a test of the electronic roster to ensure its functionality in accordance with regulations adopted by the Secretary of State.

(Added to NRS by 2019, 3394, 3425)

NRS 293C.270 Conditions for entitlement of person to vote; forms of identification to identify registered voter; city clerk to prescribe verification procedure. [Effective through December 31, 2024.]

1. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272, if a person’s name appears in the roster or if the person provides an affirmation pursuant to NRS 293C.525, the person is entitled to vote and must sign his or her name in the roster or on a signature card when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s application to register to vote or one of the forms of identification listed in subsection 2.

2. The forms of identification that may be used to identify a voter at the polling place are:

(a) The voter registration card issued to the voter;

(b) A driver’s license;

(d) A military identification card; or

(e) Any other form of identification issued by a governmental agency that contains the voter’s signature and physical description or picture.

3. The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election.

(Added to NRS by 1997, 3426; A 2001, 2598; 2015, 3168; 2017, 3824, 3869; 2019, 4110)

NRS 293C.270 Conditions for entitlement of person to vote; forms of identification to identify registered voter; city clerk to prescribe verification procedure. [Effective January 1, 2025.]

1. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272, if a person’s name appears in the roster or if the person provides an affirmation pursuant to NRS 293C.525, the person is entitled to vote and must sign his or her name in the roster or on a signature card when he or she applies to vote. Except as otherwise provided in NRS 293.57691, the signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s application to register to vote or one of the forms of identification listed in subsection 2.

2. The forms of identification that may be used to identify a voter at the polling place are:

(a) The voter registration card issued to the voter;

(b) A driver’s license;

(d) A military identification card; or

(e) Any other form of identification issued by a governmental agency that contains the voter’s signature and physical description or picture.

3. The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election.

(Added to NRS by 1997, 3426; A 2001, 2598; 2015, 3168; 2017, 3824, 3869; 2019, 4110; 2021, 3871; 2023, 3311, effective January 1, 2025)

NRS 293C.272 Identification of registered voter who is unable to sign name.

1. If, because of physical limitations, a registered voter is unable to sign his or her name in the roster or on a signature card as required by NRS 293C.270, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter.

2. If the identity of the voter is verified, the election board officer shall indicate in the roster “Identified” by the voter’s name.

(Added to NRS by 1997, 3426; A 2015, 3168; 2017, 3824, 3869; 2019, 4110)

NRS 293C.275 Procedure for taking registered voter’s signature. [Effective through December 31, 2024.]

1. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272:

(a) A registered voter who applies to vote must state his or her name to the election board officer in charge of the roster; and

(b) The election board officer shall:

(1) Announce the name of the registered voter;

(2) Instruct the registered voter to sign the roster or signature card;

(3) Verify the signature of the registered voter in the manner set forth in NRS 293C.270; and

(4) Verify that the registered voter has not already voted in that city in the current election.

2. If the signature does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter.

3. If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

4. For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

(Added to NRS by 1997, 3427; A 2007, 2610; 2015, 3168; 2017, 3824, 3870; 2019, 4110; 2021, 1253)

NRS 293C.275 Procedure for taking registered voter’s signature. [Effective January 1, 2025.]

1. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272:

(a) A registered voter who applies to vote must state his or her name to the election board officer in charge of the roster; and

(b) The election board officer shall:

(1) Announce the name of the registered voter;

(2) Instruct the registered voter to sign the roster or signature card;

(3) Verify the signature of the registered voter in the manner set forth in NRS 293C.270; and

(4) Verify that the registered voter has not already voted in that city in the current election.

2. Except as otherwise provided in NRS 293.57691, if the signature does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter.

4. For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

(Added to NRS by 1997, 3427; A 2007, 2610; 2015, 3168; 2017, 3824, 3870; 2019, 4110; 2021, 1253, 3871; 2023, 3311, effective January 1, 2025)

NRS 293C.277 Announcement of name of registered voter; grounds and procedure for challenging person’s right to vote.

1. A registered voter who applies to vote at an election must give his or her name to the election board officer in charge of the roster, and the officer shall immediately announce the name of the voter.

2. Any person’s right to vote may be challenged by a registered voter upon any of the grounds allowed for a challenge in NRS 293C.292. Any such challenge must be disposed of in the manner provided in NRS 293C.292.

(Added to NRS by 1997, 3427; A 2015, 3169)

1. Except as otherwise provided in subsection 2, at all times during which a polling place is open:

(a) The polling place must:

(1) Be accessible to a voter who is elderly or a voter with a disability; and

(2) Have at least one voting booth that is:

(I) Designed to allow a voter in a wheelchair to vote;

(II) Designated for use by a voter who is elderly or a voter with a disability;

(III) Equipped to allow a voter who is elderly or a voter with a disability to vote with the same privacy as a voter who is not elderly or as a voter without a disability; and

(IV) Equipped with a mechanical recording device which directly records the votes electronically and which may be used by persons with disabilities; and

(b) Either:

(1) The polling place must have a separate line for voters with disabilities or who are not physically able to wait in line to vote. Voters in this separate line must be allowed to vote before any voter who is not disabled and is physically able to wait in line to vote; or

(2) An election board officer at the polling place must allow voters with disabilities or who are not physically able to wait in line to move to the front of the line of voters waiting to vote.

2. A polling place that does not comply with the provisions of paragraph (a) of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.

3. At each polling place, the city clerk is encouraged to:

(a) Post in a conspicuous place, in at least 12-point type, instructions for voting;

(b) Provide ballots in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability; and

(c) Provide, in alternative audio and visual formats for use by a voter who is elderly or a voter with a disability, all materials that are:

(1) Related to the election; and

(2) Made available to a voter in printed form at the polling place.

4. As an alternative to carrying out the functions described in subsection 3, if, in the opinion of the city clerk, the needs of voters who are elderly or disabled requiring the use of specially equipped voting devices will be best served by placing such devices at centralized voting locations, the city clerk may so provide. If the city clerk provides for the placement of specially equipped voting devices at centralized locations, a voter who is elderly or disabled and requires the use of such a device to be able to cast a ballot without assistance may cast his or her ballot at any centralized voting location designated by the city clerk.

(Added to NRS by 2001, 1437; A 2003, 1659, 2187; 2017, 1051)

NRS 293C.282 Assistance to voter who is physically disabled or unable to read or write English.

1. Any registered voter who, because of a physical disability or an inability to read or write English, is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his or her own choice, except:

(a) The voter’s employer or an agent of the voter’s employer; or

(b) An officer or agent of the voter’s labor organization.

2. A person providing assistance pursuant to this section to a voter in casting a vote shall not disclose any information with respect to the casting of that ballot.

3. The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof or when the registered voter requests such assistance in any manner.

4. In addition to complying with the requirements of this section, the city clerk and election board officer shall, upon the request of a registered voter with a physical disability, make reasonable accommodations to allow the voter to vote at a polling place at which he or she is entitled to vote.

(Added to NRS by 1997, 3427; A 1999, 2165; 2015, 1147; 2019, 4111)

NRS 293C.285 Change of vote on certain mechanical recording devices. A mechanical recording device which directly records votes electronically must allow the voter to change his or her vote before the mechanical recording device permanently records that vote.

(Added to NRS by 1997, 3428; A 2007, 2610)

NRS 293C.290 Procedure for posting or publishing alphabetical listing of registered voters; tearing or defacing alphabetical listing prohibited; penalty.

1. The city clerk shall:

(a) Require an election board officer to post an alphabetical listing of all registered voters for each precinct in a public area of each polling place in the city; or

(b) Publish on the Internet website of the city clerk an alphabetical listing of all registered voters for each precinct in the city.

2. Except as otherwise provided in NRS 293.5002 and 293.558, the alphabetical listing required by subsection 1 must include the name and precinct of each voter.

3. If the city clerk:

(a) Requires an alphabetical listing to be posted in each polling place pursuant to paragraph (a) of subsection 1:

(1) An election board officer at the polling place shall, not less than four times during the hours in which the polling place is open, identify the name of each voter who voted at the polling place; and

(2) Each page of the alphabetical listing that is posted in a polling place must contain a notice which reads substantially as follows:

It is unlawful for any person to remove, tear, mark or otherwise deface this alphabetical listing of registered voters except an election board officer acting pursuant to NRS 293C.290.

(b) Publishes an alphabetical listing pursuant to paragraph (b) of subsection 1, the city clerk shall, not less than four times during the hours in which polling places in the city are open, identify on the Internet website of the city clerk the name of every voter who has voted at each polling place.

4. Any person who removes, tears, marks or otherwise defaces an alphabetical listing posted pursuant to this section with the intent to falsify or prevent others from readily ascertaining the name or precinct of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.

(Added to NRS by 1997, 3428; A 2005, 2293; 2015, 3169)

NRS 293C.291 Posting of notice of death of candidate at polling place. If a candidate whose name appears on the ballot at a primary city election or general city election dies after the applicable date set forth in NRS 293C.370 but before the time of the closing of the polls on the day of the election, the city clerk shall post a notice of the candidate’s death at each polling place where the candidate’s name will appear on the ballot for the primary city election or general city election.

(Added to NRS by 1997, 1292; A 1999, 689; 2003, 678, 1709; 2019, 3544)

NRS 293C.292 Challenges.

1. A person applying to vote may be challenged:

(a) Orally by any registered voter of the precinct or district upon the ground that he or she is not the person entitled to vote as claimed or has voted before at the same election; or

(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

(a) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the roster, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the roster”;

(b) If the challenge is on the ground that the challenged person previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

(c) If the challenge is on the ground that the challenged person is not the person he or she claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this roster.”

Ê The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.

3. If the challenged person refuses to execute the oath or affirmation so tendered, the person must not be issued a ballot, and the election board officer shall indicate in the roster “Challenged” by the person’s name.

4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293C.295.

5. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him or her a ballot.

6. If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification that contains proof of the address at which the person actually resides. For the purposes of this subsection, a voter registration card does not provide proof of the address at which a person resides.

7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless the person:

(a) Furnishes official identification which contains a photograph of the person, such as a driver’s license or other official document; or

(b) Brings before the election board officers a person who is at least 18 years of age who:

(1) Furnishes official identification which contains a photograph of the person, such as a driver’s license or other official document; and

(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he or she swears to be.

8. The election board officers shall:

(a) Record on the challenge list:

(1) The name of the challenged person;

(2) The name of the registered voter who initiated the challenge; and

(3) The result of the challenge; and

(b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.

(Added to NRS by 1997, 3429; A 1999, 679; 2001, 1952, 2958; 2003, 200, 210; 2007, 1172; 2015, 3170; 2019, 4111)

NRS 293C.293 Notice of result of challenge.

1. As soon as practicable, but in no case later than 21 calendar days after each election, the city clerk shall mail a notice to each person who is listed on the challenge list as a registered voter who initiated a challenge pursuant to NRS 293C.292.

2. The notice mailed pursuant to subsection 1 must indicate:

(a) The name of the person who was challenged, if known; and

(b) The result of the challenge.

(Added to NRS by 2001, 1951)

NRS 293C.295 Voting by person successfully challenged on grounds of residency.

1. If a person is successfully challenged on the ground set forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person refuses to provide an affirmation pursuant to NRS 293C.525, the election board shall instruct the voter that he or she may vote only at the special polling place in the manner set forth in this section.

2. The city clerk shall maintain at least one special polling place at such locations as the city clerk deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293C.525 in a special sealed container if the ballots are ballots that are voted on a mechanical recording device which directly records the votes electronically.

3. A person who votes at a special polling place may vote only for the following offices and questions:

(a) All officers for whom all voters in the city may vote; and

(b) Questions that have been submitted to all voters of the city.

4. The ballots voted at the special polling place must be counted when other ballots are counted and, if the ballots are ballots that are voted on a mechanical recording device that directly records the votes electronically, maintained in a separate sealed container until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.

(Added to NRS by 1997, 3430; A 1999, 270; 2007, 1173, 2610)

NRS 293C.297 Closing of polls; admission of voters and other persons.

1. If at the hour of closing the polls there are any:

(a) Registered voters waiting in line to apply to vote at the polling place; or

(b) Electors waiting in line to apply to register to vote or apply to vote at the polling place pursuant to NRS 293.5772 to 293.5887, inclusive,

Ê the doors of the polling place must be closed after all those registered voters and electors have been admitted to the polling place. The registration of those electors and the voting by those registered voters and electors must continue until all such registration and voting has been completed.

2. The officer appointed by the chief law enforcement officer of the city shall allow other persons to enter the polling place after the doors have been closed pursuant to subsection 1 for the purpose of observing or any other legitimate purpose if there is room within the polling place and the admittance of those other persons will not interfere unduly with the registration of the electors and the voting by the registered voters and electors.

(Added to NRS by 1997, 3430; A 2019, 4112)

NRS 293C.300 Duties of voting board before adjournment. After the last person entitled to vote has voted, the voting board shall, before adjourning, put the records and the account of ballots in order for the counting board.

(Added to NRS by 1997, 3430)

NRS 293C.302 Court-ordered extension of deadline for voting.

1. If a court of competent jurisdiction orders a city to extend the deadline for voting beyond the statutory period in an election, the city clerk shall, as soon as practicable after receiving notice of the decision of the court:

(a) Cause notice of the extended period to be published in a newspaper of general circulation in the city or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city; and

(b) Transmit a notice of the extended deadline to each registered voter who received a mail ballot for the election and has not returned the mail ballot before the date on which the notice will be transmitted.

2. The notice required pursuant to paragraph (a) of subsection 1 must be published:

(a) In a city whose population is 25,000 or more, on at least 3 successive days.

(b) In a city whose population is less than 25,000, at least twice in successive issues of the newspaper.

(Added to NRS by 1997, 3440; A 2021, 1253)

VOTING AT POLLING PLACES ESTABLISHED AS VOTE CENTERS

NRS 293C.3032 City clerks authorized to establish polling places as vote centers where eligible voters in city may vote on election day.

1. A city clerk may establish one or more polling places in the city where any person entitled to vote in the city by personal appearance may do so on the day of the primary city election or general city election.

2. Any person entitled to vote in the city by personal appearance may do so at any polling place established pursuant to subsection 1.

(Added to NRS by 2019, 4103)

NRS 293C.3033 Requirements for providing notice of locations of vote centers; exceptions; limitations on establishing additional vote centers after such notice.

1. Except as otherwise provided in subsection 2, if a city clerk establishes one or more polling places pursuant to NRS 293C.3032, the city clerk must:

(a) Publish during the week before the election in a newspaper of general circulation a notice of the location of each such polling place.

(b) Post a list of the location of each such polling place on any bulletin board used for posting notice of meetings of the governing body of the city. The list must be posted continuously for a period beginning not later than the fifth business day before the election and ending at 7 p.m. on the day of the election. The city clerk shall make copies of the list available to the public during the period of posting in reasonable quantities without charge.

2. The provisions of subsection 1 do not apply if every polling place in the city is designated as a polling place where any person entitled to vote in the city by personal appearance may do so on the day of the primary city election or general city election.

3. No additional polling place may be established pursuant to NRS 293C.3032 after the publication pursuant to this section, except in the case of an emergency and if approved by the Secretary of State.

(Added to NRS by 2019, 4103)

NRS 293C.3034 Requirements for preparing and delivering rosters for vote centers.

1. For each polling place established pursuant to NRS 293C.3032, if any, the city clerk shall prepare a roster that contains, for every registered voter in the city, the voter’s name, the address where he or she is registered to vote, his or her voter identification number, the voter’s precinct or district number and the voter’s signature.

2. The roster must be delivered or caused to be delivered by the city clerk to an election board officer of the proper polling place before the opening of the polls.

(Added to NRS by 2019, 4104)

NRS 293C.3035 Requirements for casting ballots at vote centers. [Effective through December 31, 2024.]

1. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272, upon the appearance of a person to cast a ballot at a polling place established pursuant to NRS 293C.3032, if any, the election board officer shall:

(a) Determine that the person is a registered voter in the city and has not already voted in that city in the current election;

(b) Instruct the voter to sign the roster or a signature card; and

2. If the signature of the voter does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter.

4. The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election.

5. When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place where he or she applies to vote.

6. If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

(a) Prepare the mechanical voting device for the voter;

(b) Ensure that the voter’s precinct or voting district and the form of the ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and

7. A voter applying to vote at a polling place established pursuant to NRS 293C.3032, if any, may be challenged pursuant to NRS 293C.292.

(Added to NRS by 2019, 4104)

NRS 293C.3035 Requirements for casting ballots at vote centers. [Effective January 1, 2025.]

(a) Determine that the person is a registered voter in the city and has not already voted in that city in the current election;

(b) Instruct the voter to sign the roster or a signature card; and

2. Except as otherwise provided in NRS 293.57691, if the signature of the voter does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter.

4. The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election.

6. If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

(a) Prepare the mechanical voting device for the voter;

(b) Ensure that the voter’s precinct or voting district and the form of the ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and

7. A voter applying to vote at a polling place established pursuant to NRS 293C.3032, if any, may be challenged pursuant to NRS 293C.292.

(Added to NRS by 2019, 4104; A 2021, 3872; 2023, 3311, effective January 1, 2025)

EARLY VOTING BY PERSONAL APPEARANCE

NRS 293C.355 Applicability of provisions. The provisions of NRS 293.5772 to 293.5887, inclusive, relating to early voting and the provisions of NRS 293C.355 to 293C.361, inclusive, apply to a city only if the governing body of the city has provided for early voting by personal appearance pursuant to subsection 2 of NRS 293C.110.

(Added to NRS by 1999, 267; A 2019, 4116)

NRS 293C.356 Issuance of ballots; voting booth for use by persons issued ballots.

1. If a request is made to vote early by a registered voter in person, the city clerk shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of the clerk’s office and returned to the clerk.

2. On the dates for early voting prescribed in NRS 293C.3568, each city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of the city clerk’s office for use by registered voters who are issued ballots for early voting in accordance with this section.

(Added to NRS by 1993, 2169; A 1995, 2626, 2777; 1997, 668, 671, 2778; 1999, 690; 2007, 1178, 2615)

NRS 293C.3561 City clerk to establish criteria for selection of permanent and temporary polling places for early voting by personal appearance.

1. The permanent and temporary polling places for early voting by personal appearance must satisfy the criteria to be used to select permanent and temporary polling places for early voting by personal appearance provided by the city clerk pursuant to subsection 2.

2. The city clerk shall:

(a) Provide by rule or regulation for the criteria to be used to select permanent and temporary polling places for early voting by personal appearance; and

(b) At a meeting of the city council or other governing body of the city, inform the city council or other governing body of the sites selected as permanent and temporary polling places for early voting by personal appearance.

(Added to NRS by 2005, 2290)

NRS 293C.3564 Establishment of permanent polling places for early voting; eligible voters may vote by personal appearance at any polling place for early voting.

1. The city clerk in a city shall establish at least one permanent polling place for early voting by personal appearance in the city at the locations selected pursuant to NRS 293C.3561.

2. Any person entitled to vote early by personal appearance may do so at any polling place for early voting.

(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671, 2778; 1999, 690; 2005, 2293; 2017, 3824; 2021, 1254)

NRS 293C.3568 Period for early voting; days and hours for early voting at permanent polling places.

1. The period for early voting by personal appearance begins the third Saturday preceding a primary city election or general city election, and extends through the Friday before election day, Sundays and federal holidays excepted.

2. The city clerk may:

(a) Include any Sunday or federal holiday that falls within the period for early voting by personal appearance.

(b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.

3. A permanent polling place for early voting must remain open:

(a) On Monday through Friday during the period of early voting for at least 8 hours during such hours as the city clerk may establish.

(b) On any Saturday that falls within the period for early voting, for at least 4 hours during such hours as the city clerk may establish.

(c) If the city clerk includes a Sunday that falls within the period for early voting pursuant to subsection 2, during such hours as the city clerk may establish.

(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671, 2778; 1999, 690; 2007, 2615; 2011, 3286; 2019, 4116)

1. In addition to permanent polling places for early voting, the city clerk may establish temporary branch polling places for early voting pursuant to NRS 293C.3561.

2. If an Indian reservation or Indian colony is located in whole or in part within a city, the city clerk shall, except as otherwise provided in subsections 3 and 6, establish a temporary branch polling place for early voting and a ballot drop box at a location approved by the Indian tribe within the boundaries of the Indian reservation or Indian colony.

3. An Indian tribe may elect not to have a temporary branch polling place for early voting and ballot drop box established within the boundaries of an Indian reservation or Indian colony by submitting notice to the city clerk on or before:

(a) If the notice is for a primary city election, January 15 of the year in which the primary city election is to be held.

(b) If the notice is for a general city election, June 15 of the year in which the general city election is to be held.

4. Any location of a temporary branch polling place for early voting and ballot drop box established pursuant to subsection 2 must satisfy the criteria established by the city clerk pursuant to NRS 293C.3561.

5. Except as otherwise provided in subsection 6, the city clerk must continue to establish one temporary branch polling place and ballot drop box within the boundaries of the Indian reservation or Indian colony at a location approved by the Indian tribe for early voting in future elections unless otherwise notified by the Indian tribe pursuant to subsection 3.

6. Not later than the dates set forth in subsection 3 to elect not to have a temporary branch polling place and ballot drop box established within the boundaries of the Indian reservation or Indian colony, an Indian tribe that elects to have a temporary branch polling place and ballot drop box established must submit to the city clerk and the tribal liaison designated by the Office of the Secretary of State pursuant to NRS 233A.260:

(a) The location for the temporary branch polling place and ballot drop box and whether the location will have only a temporary branch polling place or ballot drop box or both a temporary branch polling place and ballot drop box;

(b) Whether the Indian tribe will select registered voters to be appointed to act as election board officers to staff the temporary branch polling place within the boundaries of the Indian reservation or Indian colony; and

Ê If an Indian tribe does not submit the information required pursuant to this subsection, the Indian tribe shall be deemed to have elected not to have a temporary branch polling place and ballot drop box established within the boundaries of the Indian reservation or Indian colony.

7. The provisions of subsection 3 of NRS 293C.3568 do not apply to a temporary branch polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the city clerk.

8. The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

9. The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

(Added to NRS by 1993, 2169; A 1995, 2626, 2778; 1997, 668, 671, 2779; 1999, 690; 2005, 2293; 2017, 3825; 2019, 179, 3544; 2021, 1254; 2023, 2524)

NRS 293C.3576 Schedule of locations and days and hours for early voting; limitations on establishment of additional locations; extension of hours after publication of schedule.

1. The city clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:

(a) The location of each permanent and temporary polling place for early voting.

(b) The dates and hours that early voting will be conducted at each location.

2. The city clerk shall post a copy of the schedule on the bulletin board used for posting notice of the meetings of the city council. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.

3. The city clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.

4. No additional polling places for early voting may be established after the schedule is published pursuant to this section.

5. The hours that early voting will be conducted at each polling place for early voting may be extended at the discretion of the city clerk after the schedule is published pursuant to this section.

(Added to NRS by 1993, 2170; A 1997, 2779; 1999, 690; 2015, 3172; 2019, 4117)

NRS 293C.358 Appointment of deputy clerks.

1. The city clerk shall appoint for each polling place for early voting a deputy clerk for early voting who must serve as the election officer in charge of the polling place.

2. The city clerk may also appoint as many additional deputy clerks as he or she deems necessary for the proper conduct of the election.

(Added to NRS by 1993, 2170; A 1997, 2779; 1999, 690)

NRS 293C.3583 Preparation of mechanical recording devices before polls open each day. If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance, the election board shall, before the polls open on each day during that period:

1. Prepare each mechanical recording device for voting.

2. Ensure that each mechanical recording device will not register any ballots which were previously voted on the mechanical recording device as having been voted on that day.

(Added to NRS by 1995, 2773; A 1999, 690)

NRS 293C.3585 Procedure for early voting. [Effective through December 31, 2024.]

1. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

(a) Determine that the person is a registered voter in the county.

(b) Instruct the voter to sign the roster for early voting or a signature card.

(d) Verify that the voter has not already voted in that city in the current election.

2. If the signature does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter.

4. The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election.

5. The roster for early voting or signature card, as applicable, must contain:

(a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature;

(b) The voter’s precinct or voting district number, if that information is available; and

6. When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.

7. If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

(a) Prepare the mechanical recording device for the voter;

(b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and

8. A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293C.292.

9. For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

(Added to NRS by 1993, 2170; A 1995, 2267, 2779; 1997, 668, 671, 2780; 1999, 690; 2007, 1179, 2615; 2015, 3172; 2017, 3826, 3870; 2019, 4117; 2021, 1255)