NRS: CHAPTER 293D - UNIFORMED MILITARY AND OVERSEAS ABSENTEE VOTERS ACT

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

CHAPTER 293D - UNIFORMED MILITARY AND OVERSEAS ABSENTEE VOTERS ACT

GENERAL PROVISIONS

NRS 293D.010 Short title.

NRS 293D.020 Definitions.

NRS 293D.030 “Covered voter” defined.

NRS 293D.033 “Digital signature” defined.

NRS 293D.036 “Electronic signature” defined.

NRS 293D.040 “Local elections official” defined.

NRS 293D.050 “Military-overseas ballot” defined.

NRS 293D.060 “Overseas voter” defined.

NRS 293D.070 “Residency requirement” defined.

NRS 293D.080 “State” defined.

NRS 293D.090 “Uniformed-service voter” defined.

NRS 293D.100 Applicability to elections.

NRS 293D.110 Uniformity of application and construction.

NRS 293D.120 Relation to Electronic Signatures in Global and National Commerce Act.

NRS 293D.130 Covered voter may use digital or electronic signature for purposes of chapter.

REGISTRATION OF COVERED VOTERS

NRS 293D.200 Duties of Secretary of State and local elections official.

NRS 293D.210 Eligibility of overseas voter to be covered voter.

NRS 293D.220 Covered voter’s registration address; assignment of precinct.

NRS 293D.230 Methods of registering to vote; use of system of approved electronic transmission.

MILITARY-OVERSEAS BALLOTS

NRS 293D.300 Methods for applying.

NRS 293D.310 Timeliness and scope of application.

NRS 293D.320 Transmission by local elections official to covered voters.

VOTING BY COVERED VOTERS

NRS 293D.400 Timely casting of military-overseas ballot.

NRS 293D.410 Use of federal write-in absentee ballot.

NRS 293D.420 Required declaration by covered voter; signature.

MISCELLANEOUS PROVISIONS

NRS 293D.500 Establishment of electronic free-access system for use by covered voter to confirm receipt, acceptance and status of certain documents.

NRS 293D.510 Electronic-mail address of covered voter: Request by local elections official; confidentiality; use; standing request for electronic delivery of military-overseas ballot for certain period.

NRS 293D.520 Local elections official to make updated election notices available on Internet website.

NRS 293D.530 Mistake, omission or noncompliance with nonessential requirement by covered voter in completion of document does not invalidate document in certain circumstances.

NRS 293D.540 Enforcement of chapter: Injunction or other equitable relief.

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GENERAL PROVISIONS

NRS 293D.010 Short title. This chapter may be cited as the Uniformed Military and Overseas Absentee Voters Act.

(Added to NRS by 2011, 1917)

NRS 293D.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 293D.030 to 293D.090, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2011, 1917; A 2013, 34)

NRS 293D.030 “Covered voter” defined. “Covered voter” means:

1. A uniformed-service voter;

2. An overseas voter; or

3. A spouse or dependent of a uniformed-service voter.

(Added to NRS by 2011, 1917)

NRS 293D.033 “Digital signature” defined. “Digital signature” has the meaning ascribed to it in NRS 720.060.

(Added to NRS by 2013, 33)

NRS 293D.036 “Electronic signature” defined. “Electronic signature” has the meaning ascribed to it in NRS 719.100.

(Added to NRS by 2013, 33)

NRS 293D.040 “Local elections official” defined. “Local elections official” means a city clerk, county clerk or registrar of voters, as applicable.

(Added to NRS by 2011, 1917)

NRS 293D.050 “Military-overseas ballot” defined. “Military-overseas ballot” means:

1. A federal write-in absentee ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303;

2. A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or

3. Any other ballot cast by a covered voter in accordance with this chapter.

(Added to NRS by 2011, 1917; A 2017, 3342)

NRS 293D.060 “Overseas voter” defined. “Overseas voter” means a United States citizen who is outside the United States and is eligible to be a covered voter pursuant to NRS 293D.210.

(Added to NRS by 2011, 1917)

NRS 293D.070 “Residency requirement” defined. “Residency requirement” means the requirement contained in NRS 293.485 that a person must continuously reside in this State, the county and the precinct for the purposes of qualifying to register to vote in this State.

(Added to NRS by 2011, 1917)

NRS 293D.080 “State” defined. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

(Added to NRS by 2011, 1917)

NRS 293D.090 “Uniformed-service voter” defined. “Uniformed-service voter” means an elector who is:

1. A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, Coast Guard or Space Force of the United States who is on active duty;

2. A member of the Merchant Marine, the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States;

3. A member of the National Guard or state militia unit who is on activated status; or

4. A spouse or dependent of a person described in subsection 1, 2 or 3.

(Added to NRS by 2011, 1917; A 2023, 3311)

NRS 293D.100 Applicability to elections. The voting procedures set forth in this chapter apply to every presidential preference primary election and every primary election, general election or special election in which a candidate for federal office appears on the ballot.

(Added to NRS by 2011, 1917)

NRS 293D.110 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.

(Added to NRS by 2011, 1921; A 2017, 3343)

NRS 293D.120 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

(Added to NRS by 2011, 1921)

NRS 293D.130 Covered voter may use digital or electronic signature for purposes of chapter. A covered voter may sign any document or other material that is necessary for the covered voter to register to vote, apply for a military-overseas ballot or cast a military-overseas ballot pursuant to this chapter using his or her digital signature or electronic signature.

(Added to NRS by 2013, 34)

REGISTRATION OF COVERED VOTERS

NRS 293D.200 Duties of Secretary of State and local elections official.

1. The Secretary of State shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots.

2. The Secretary of State shall establish a system of approved electronic transmission through which covered voters may apply for, receive and send documents and other information pursuant to this chapter. The system of approved electronic transmission must include, without limitation, a method by which a covered voter may provide his or her digital signature or electronic signature on any document or other material that is necessary for the covered voter to register to vote, apply for a military-overseas ballot or cast a military-overseas ballot pursuant to this chapter.

3. The Secretary of State shall develop standardized absentee-voting materials, including, without limitation, privacy and transmission envelopes and their electronic equivalents, authentication materials and voting instructions, to be used with the military-overseas ballot of a covered voter authorized to vote in any jurisdiction in this State and, to the extent reasonably possible, shall do so in coordination with other states.

4. The Secretary of State shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the covered voter’s identity, eligibility to vote, status as a covered voter and timely and proper completion of a military-overseas ballot. The declaration must be based on the declaration prescribed to accompany a federal write-in absentee ballot under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, as modified to be consistent with this chapter. The Secretary of State shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.

5. The Secretary of State shall prescribe by regulation the duties of a local elections official upon receipt of a military-overseas ballot, including, without limitation, the procedures to be used by a local elections official in accepting, handling and counting a military-overseas ballot.

6. The Secretary of State shall prescribe the form and content of an application for a United States citizen who is outside the United States to preregister to vote if:

(a) The person would have been able to preregister to vote pursuant to NRS 293.4855 except for the residency requirement; and

(b) The last place where a parent or legal guardian of the person was, or under this chapter would have been, eligible to vote before leaving the United States is within this State.

(Added to NRS by 2011, 1918; A 2013, 34; 2017, 3343, 3872)

NRS 293D.210 Eligibility of overseas voter to be covered voter. An overseas voter is eligible to be a covered voter if:

1. Before leaving the United States, the overseas voter was eligible to vote in this State and, except for the residency requirement, otherwise satisfies this State’s voter eligibility requirements;

2. Before leaving the United States, the overseas voter would have been eligible to vote in this State had the overseas voter then been of voting age and, except for the residency requirement, otherwise satisfies this State’s voter eligibility requirements;

3. Before leaving the United States, the overseas voter was preregistered to vote as described in NRS 293.4855 and, except for the residency requirement, otherwise satisfies this State’s voter eligibility requirements; or

4. The overseas voter was born outside the United States and, except for the residency requirement, otherwise satisfies the voter eligibility requirements set forth in NRS 293.485, so long as:

(a) The last place where a parent or legal guardian of the overseas voter was, or under this chapter would have been, eligible to vote before leaving the United States is within this State; and

(b) The overseas voter is not registered to vote in any other state.

(Added to NRS by 2011, 1918; A 2017, 3873)

NRS 293D.220 Covered voter’s registration address; assignment of precinct. In registering to vote, a covered voter shall use and must be assigned to the precinct of the address of the last place of residence of the covered voter in this State or, in the case of a dependent, the address of the last place of residence in this State of the parent or legal guardian of the covered voter. If the last place of residence in this State has not been assigned a street address, the address at which the covered voter resides for purposes of this section is a description of the location at which the voter actually resides. The description must identify the location with sufficient specificity to allow the county clerk to assign the location to a precinct.

(Added to NRS by 2011, 1918)

NRS 293D.230 Methods of registering to vote; use of system of approved electronic transmission.

1. In addition to any other method of registering to vote set forth in chapter 293 of NRS, a covered voter may use 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, to apply to register to vote, if the federal postcard application or the application’s electronic equivalent is received by the appropriate local elections official before the time set pursuant to NRS 293.273 for closing the polls on election day. If the federal postcard application or the application’s electronic equivalent is received after the time set for closing the polls, it must be treated as an application to register to vote for subsequent elections. Upon receipt of the electronic equivalent of the federal postcard application pursuant to this subsection, the local elections official shall affix, mark or otherwise acknowledge receipt of the application by means of a time stamp on the application.

2. A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration and the federal write-in absentee ballot are received before the time set pursuant to NRS 293.273 for closing the polls on election day. If the declaration is received after the time set for closing the polls, it must be treated as an application to register to vote for subsequent elections.

3. The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting:

(a) Both a federal postcard application and any other approved electronic registration application sent to the appropriate local elections official; and

(b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

4. The covered voter may use the system of approved electronic transmission or any other method set forth in chapter 293 of NRS to register to vote.

(Added to NRS by 2011, 1918; A 2013, 34; 2017, 3343, 3873; 2021, 1880)

MILITARY-OVERSEAS BALLOTS

NRS 293D.300 Methods for applying.

1. A covered voter who is registered to vote in this State may apply for a military-overseas ballot by submitting 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, if the federal postcard application or the application’s electronic equivalent is received by the appropriate local elections official before the time set pursuant to NRS 293.273 for closing the polls on election day.

2. A covered voter who is not registered to vote in this State may use the federal postcard application or the application’s electronic equivalent simultaneously to apply to register to vote pursuant to NRS 293D.230 and to apply for a military-overseas ballot, if the federal postcard application or the application’s electronic equivalent is received by the appropriate local elections official before the time set pursuant to NRS 293.273 for closing the polls on election day. If the federal postcard application is received after the time set for closing the polls, it must be treated as an application to register to vote for subsequent elections.

3. Upon receipt of the electronic equivalent of the federal postcard application pursuant to subsection 1 or 2, the local elections official shall affix, mark or otherwise acknowledge receipt of the application by means of a time stamp on the application.

4. The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting the submission of:

(a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official; and

(b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

5. A covered voter may use approved electronic transmission or any other method approved by the Secretary of State to apply for a military-overseas ballot.

6. A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration and the federal write-in absentee ballot are received by the appropriate local elections official before the time set pursuant to NRS 293.273 for closing the polls on election day.

7. To receive the benefits of this chapter, a covered voter must inform the appropriate local elections official that he or she is a covered voter. Methods of informing the appropriate local elections official that a person is a covered voter include, without limitation:

(a) The use of a federal postcard application or federal write-in absentee ballot;

(b) The use of an overseas address on an approved voting registration application or ballot application; and

(c) The inclusion on an application to register to vote or an application for a military-overseas ballot of other information sufficient to identify that the person is a covered voter.

8. This chapter does not prohibit a covered voter from voting a mail ballot pursuant to the provisions of chapter 293 or 293C of NRS or voting in person.

(Added to NRS by 2011, 1919; A 2013, 35; 2017, 1370, 3344, 3874; 2021, 1260, 1881)

NRS 293D.310 Timeliness and scope of application. An application for a military-overseas ballot is timely if received before the time set pursuant to NRS 293.273 for closing the polls on election day. An application for a military-overseas ballot for a primary election, whether or not timely, is effective as an application for a military-overseas ballot for the general election.

(Added to NRS by 2011, 1920; A 2021, 1882)

NRS 293D.320 Transmission by local elections official to covered voters.

1. For all covered elections for which this State has not received a waiver pursuant to section 579 of the Military and Overseas Voter Empowerment Act, 52 U.S.C. § 20302(g)(2), not later than 45 days before the election or, if the 45th day before the election is a weekend or holiday, not later than the business day preceding the 45th day, the local elections official in each jurisdiction charged with distributing military-overseas ballots and balloting materials shall transmit military-overseas ballots and balloting materials to all covered voters who by that date submit a valid application for military-overseas ballots.

2. A covered voter who requests that a military-overseas ballot and balloting materials be sent to the covered voter by approved electronic transmission may choose to receive the military-overseas ballot and balloting materials by:

(a) Facsimile transmission;

(b) Electronic mail delivery; or

(c) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

Ê The local elections official in each jurisdiction shall transmit the military-overseas ballot and balloting materials to the covered voter using the means of approved electronic transmission chosen by the covered voter.

3. If an application for a military-overseas ballot from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to other voters, the local elections official shall transmit the military-overseas ballot and balloting materials to the covered voter not later than 2 business days after the application arrives.

4. If a covered voter does not receive his or her military-overseas ballot and balloting materials for any reason, including, without limitation, as a result of a change in the duty station of the covered voter, the covered voter may, not later than the close of polls on election day:

(a) Request that the local elections official resend to the covered voter his or her military-overseas ballot and balloting materials by:

(1) Facsimile transmission;

(2) Electronic mail delivery; or

(3) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

(b) Cast his or her military-overseas ballot by:

(1) Facsimile transmission;

(2) Electronic mail delivery; or

(3) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

(Added to NRS by 2011, 1920; A 2013, 36; 2017, 3345, 3875)

VOTING BY COVERED VOTERS

NRS 293D.400 Timely casting of military-overseas ballot. A military-overseas ballot must be received by the appropriate local elections official not later than the time set pursuant to NRS 293.273 for closing the polls on election day.

(Added to NRS by 2011, 1920; A 2021, 1882)

NRS 293D.410 Use of federal write-in absentee ballot.

1. Except as otherwise provided in subsection 2, a covered voter may use the federal write-in absentee ballot, in accordance with section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, to vote for all offices and ballot measures in an election.

2. If the covered voter indicates on the federal write-in absentee ballot that he or she is residing overseas indefinitely, the covered voter may only use the federal write-in absentee ballot to vote for federal offices.

(Added to NRS by 2011, 1920; A 2017, 3345)

NRS 293D.420 Required declaration by covered voter; signature.

1. Each military-overseas ballot must include or be accompanied by a declaration signed by the covered voter declaring 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.

2. The covered voter may sign the declaration required pursuant to subsection 1 using his or her digital signature or electronic signature.

(Added to NRS by 2011, 1920; A 2013, 36)

MISCELLANEOUS PROVISIONS

NRS 293D.500 Establishment of electronic free-access system for use by covered voter to confirm receipt, acceptance and status of certain documents. The Secretary of State, in coordination with local elections officials, shall establish and maintain an electronic free-access system which uses the telephone, electronic mail or the Internet so that a covered voter may determine whether:

1. The covered voter’s federal postcard application or other registration or military-overseas ballot application has been received and accepted; and

2. The covered voter’s military-overseas ballot has been received and the current status of the military-overseas ballot.

(Added to NRS by 2011, 1920)

1. The local elections official shall request an electronic-mail address from each covered voter who registers to vote. An electronic-mail address provided by a covered voter is confidential and is not a public book or record within the meaning of NRS 239.010. A local elections official may not release a covered voter’s electronic-mail address to a third party. A local elections official may use the address only to communicate with the covered voter about the voting process, including transmitting military-overseas ballots and election materials if the covered voter has requested electronic transmission, and verifying the covered voter’s mailing address and physical location, as needed. A request for an electronic-mail address under this subsection must describe the purpose for which the electronic-mail address will be used and state that any other use or disclosure is prohibited.

2. A covered voter who provides an electronic-mail address may request that his or her application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December 31 of the year following the calendar year of the date of the application or another shorter period the covered voter specifies. The local elections official shall provide a military-overseas ballot to a covered voter who makes a request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is also entitled to receive a military-overseas ballot for the general election.

(Added to NRS by 2011, 1921)

NRS 293D.520 Local elections official to make updated election notices available on Internet website. A local elections official who establishes and maintains an Internet website shall make updated versions of his or her election notices regularly available on the website.

(Added to NRS by 2011, 1921)

NRS 293D.530 Mistake, omission or noncompliance with nonessential requirement by covered voter in completion of document does not invalidate document in certain circumstances. If a covered voter’s mistake or omission in the completion of a document under this chapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission does not invalidate the document. Failure to satisfy a nonessential requirement, including, without limitation, using paper or envelopes of a specified size or weight, does not invalidate any document submitted under this chapter. In any write-in ballot authorized by this chapter, if the intention of the covered voter is discernable under this State’s uniform definition of what constitutes a vote, as required by the Help America Vote Act of 2002, 52 U.S.C. § 21081(a)(6), an abbreviation, misspelling or other minor variation in the form of the name of a candidate or a political party must be accepted as a valid vote.

(Added to NRS by 2011, 1921; A 2017, 3345)

NRS 293D.540 Enforcement of chapter: Injunction or other equitable relief. A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, this chapter on application by:

1. A covered voter alleging a grievance under this chapter; or

2. The Secretary of State or a local elections official.

(Added to NRS by 2011, 1921)