Nevada Revised Statutes
Chapter 293C - City Elections
NRS 293C.325 - Duties of city clerk upon return of absent ballots: Procedure for checking signature; safeguarding and delivery of absent ballots for counting; procedure for contacting voter to remedy certain defects in returned absent ballot. [Effect...

1. Except as otherwise provided in NRS 293D.200, when an absent ballot is returned by or on behalf of an absent voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and a record of its return is made in the absent ballot record for the election, the city clerk or an employee in the office of the city clerk shall check the signature used for the absent ballot in accordance with the following procedure:
(a) The city clerk or employee shall check the signature used for the absent ballot against all signatures of the voter available in the records of the city clerk.
(b) If at least two employees in the office of the city clerk believe there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, the city clerk shall contact the voter and ask the voter to confirm whether the signature used for the absent ballot belongs to the voter.
2. For purposes of subsection 1:
(a) There is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter if the signature used for the absent ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the city clerk.
(b) There is not a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter if:
(1) The signature used for the absent ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name or the use of a common nickname and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the city clerk; or
(2) There are only slight dissimilarities between the signature used for the absent ballot and the signatures of the voter available in the records of the city clerk.
3. Except as otherwise provided in subsection 4, if the city clerk determines that the absent voter is entitled to cast the absent ballot and:
(a) No absent ballot central counting board has been appointed, the city 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 city clerk shall deposit the absent ballot in the proper ballot box or place the absent ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the absent ballots from each ballot box, neatly stack the absent ballots in a container and seal the container with a numbered seal. Not earlier than 15 days before the election, the city clerk shall deliver the absent 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 293C.267 or 293C.297.
4. If the city clerk determines when checking the signature used for the absent ballot that the absent voter failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot or that there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, but the voter is otherwise entitled to cast the absent ballot, the city 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 absent ballot belongs to the voter, as applicable. For the absent ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the seventh day following the election or, if applicable, the ninth day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.
5. The city clerk shall prescribe procedures for an absent voter who failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot, or for whom there is a reasonable question of fact as to whether the signature used for the absent 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 absent ballot belongs to the voter, as applicable; and
(c) After a signature or a confirmation is provided, as applicable, ensure the absent ballot is delivered to the appropriate election board or the absent ballot central counting board, as applicable.
6. The procedures established pursuant to subsection 5 for contacting an absent voter must require the city clerk to contact the voter, as soon as possible after receipt of the absent ballot, by:
(a) Mail;
(b) Telephone, if a telephone number for the voter is available in the records of the city clerk; and
(c) Electronic mail, if the voter has provided the city clerk with sufficient information to contact the voter by such means.
(Added to NRS by 1997, 3433; A 2001, 2037; 2007, 1176, 2612; 2009, 362; 2013, 32; 2015, 3171; 2019, 4114; 2020, 32nd Special Session, 56; R 2021, 1266, effective January 1, 2022)

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