[Rev. 11/4/2024 10:36:07 AM]

[NAC-293D Revised Date: 10-24]

CHAPTER 293D - UNIFORMED MILITARY AND OVERSEAS ABSENTEE VOTERS

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

293D.015        Federal postcard application: Duties of Secretary of State or local elections official.

293D.020        Declaration of covered voter.

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

293D.040        Use of Electronic Transmission Service.

293D.050        Counting of military-overseas ballots.

 

 

 

      NAC 293D.010  Application to request military-overseas ballot; provision of instructions for completing and returning military-overseas ballot. (NRS 293.247, 293D.200)

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

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

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

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

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

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

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

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

     (e) An explanation that the covered voter must complete and sign the declaration set forth in subsection 2 of NAC 293D.020.

     (f) An explanation of the deadline for the registered voter to cast and return the military-overseas ballot and any other necessary voting materials, including, without limitation, the declaration set forth in subsection 2 of NAC 293D.020, to the appropriate local elections official.

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

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

     (b) An explanation that the declaration set forth in subsection 1 of NAC 293D.020 must be signed by the covered voter and returned by approved electronic transmission with the military-overseas ballot.

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

     (d) An explanation of the deadline for the registered voter to cast and return the military-overseas ballot and any other necessary voting materials, including, without limitation, the declaration set forth in subsection 1 of NAC 293D.020, to the appropriate local elections official.

     (Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011; A by R081-21, 2-28-2022; R013-23, 9-29-2023)

      NAC 293D.015  Federal postcard application: Duties of Secretary of State or local elections official. (NRS 293.124, 293.247, 293D.200)

     1.  Upon receipt of a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301(b)(2), or the application’s electronic equivalent, the local elections official shall:

     (a) Affix, mark or otherwise acknowledge receipt of the federal postcard application by means of a time stamp on the application; and

     (b) Record the receipt of the federal postcard application and the type of military-overseas ballot requested, which must be reported to the Secretary of State.

     2.  In addition to the provisions of NAC 293D.010, if a covered voter submits an application for a military-overseas ballot by federal postcard application less than 14 days before the day of an election:

     (a) The Office of the Secretary of State or local elections official, as practicable, will attempt to contact the covered voter using the contact information provided by the covered voter, including, without limitation, by telephone, electronic mail or facsimile transmission, to provide:

          (1) An explanation of the deadline for the registered voter to cast and return the military-overseas ballot and any other necessary voting materials, including, without limitation, the declaration set forth in NAC 293D.020, to the appropriate elections official; and

          (2) An explanation of how to return the military-overseas ballot using the system of approved electronic transmission established by the Secretary of State pursuant to NRS 293D.200 to ensure the military-overseas ballot is received by the deadline set forth in NRS 293D.400 for the receipt of a military-overseas ballot.

     (b) The local elections official shall:

          (1) If the covered voter includes an electronic mailing address or facsimile number with his or her application, as practicable, immediately send to the covered voter the informational letter prepared by the Secretary of State titled “Use of EASE for Military and Overseas Citizen Absent Voters,” which encourages the covered voter to return the military-overseas ballot using the system of approved electronic transmission established by the Secretary of State pursuant to NRS 293D.200 to ensure the military-overseas ballot is received by the deadline set forth in NRS 293D.400 for the receipt of a military-overseas ballot; and

          (2) Send the military-overseas ballot to the covered voter by mail, electronic mail or facsimile transmission, as requested by the covered voter.

     (Added to NAC by Sec’y of State by R014-23, eff. 9-29-2023)

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

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

 

DECLARATION OF COVERED VOTER

 

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

I am a citizen of the United States.

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

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

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

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

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

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

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

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

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

 

(Signed)

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

 

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

 

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

 

DECLARATION OF COVERED VOTER

 

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

I am a citizen of the United States.

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

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

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

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

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

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

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

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

 

(Signed)

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

 

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

 

     (Added to NAC by Sec’y of State by R111-11, eff. 12-30-2011; A by R081-21, 2-28-2022)

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

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

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

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

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

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

      NAC 293D.050  Counting of military-overseas ballots. (NRS 293.247, 293D.200)

     1.  A local elections official shall count a military-overseas ballot signed by a covered voter using a digital signature or electronic signature unless the local elections official reasonably believes that someone other than the covered voter signed the ballot.

     2.  If a covered voter attempts to submit a military-overseas ballot by approved electronic transmission and inadvertently submits more than one military-overseas ballot, only the first military-overseas ballot received by the local elections official may be counted.

     3.  Nothing in this section authorizes:

     (a) A covered voter to cast more than one military-overseas ballot; or

     (b) A local elections official to count more than one ballot received from a covered voter.

     (Added to NAC by Sec’y of State by R130-13, eff. 2-26-2014; A by R013-23, 9-29-2023)