NRS 293.325 - Duties of county clerk upon receipt of absent ballot from voter: Procedure for checking signature; deposit of voted ballot; delivery for counting; procedure when return envelope not signed by voter. [Effective January 1, 2020.]

NV Rev Stat § 293.325 (2019) (N/A)
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1. Except as otherwise provided in NRS 293D.200, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the county clerk shall check the signature in accordance with the following procedure:

(a) The county clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against all signatures of the voter available in the records of the county clerk.

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

2. Except as otherwise provided in subsection 3, if the county clerk determines pursuant to subsection 1 that the absent voter is entitled to cast a ballot and:

(a) No absent ballot central counting board has been appointed, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.

(b) An absent ballot central counting board has been appointed, the county clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305.

3. If the county clerk determines when checking the signature of the voter pursuant to subsection 1 that the absent voter did not sign the return envelope as required pursuant to NRS 293.330 but is otherwise entitled to cast a ballot, the county clerk shall contact the absent voter and advise the voter of the procedures to provide a signature established pursuant to subsection 4. For the absent ballot to be counted, the absent voter must provide a signature within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293.333.

4. Each county clerk shall prescribe procedures for a voter who did not sign the return envelope of an absent ballot in order to:

(a) Contact the voter;

(b) Allow the voter to provide a signature; and

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

(Added to NRS by 1960, 257; A 1961, 289; 1967, 849; 1975, 1531; 1985, 1094; 1987, 343; 1995, 2625; 1997, 3458; 2001, 2027; 2007, 1156, 2591; 2009, 358; 2013, 31; 2015, 3155; 2019, 4079, effective January 1, 2020)