1. The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.
2. Regulations for counting ballots must include provisions that:
(a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.
(b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.
(c) Only devices provided for in this chapter or chapter 293 or 293B of NRS may be used in marking ballots.
(d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.
(e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.
(Added to NRS by 1997, 3436; A 2001, 2040; 2007, 1181, 2617)
Structure Nevada Revised Statutes
NRS 293C.100 - Applicability of chapter.
NRS 293C.120 - Governing body to provide ballots and supplies.
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.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.
NRS 293C.261 - Ballot to indicate date of election and at which election ballot will be used.
NRS 293C.272 - Identification of registered voter who is unable to sign name.
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.291 - Posting of notice of death of candidate at polling place.
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.3034 - Requirements for preparing and delivering rosters for vote centers.
NRS 293C.304 - "Sufficient written notice" defined. [Effective through December 31, 2021.]
NRS 293C.355 - Applicability of provisions.
NRS 293C.356 - Issuance of ballots; voting booth for use by persons issued ballots.
NRS 293C.358 - Appointment of deputy clerks.
NRS 293C.3583 - Preparation of mechanical recording devices before polls open each day.
NRS 293C.3594 - Security precautions.
NRS 293C.361 - Electioneering prohibited near polling place; penalty.
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.389 - Inclusion of inactive voters in reports of votes prohibited.
NRS 293C.395 - Prohibitions against withholding certificate of election or commission.
NRS 293C.542 - Authority of governing body to publish list of registered voters.
NRS 293C.620 - Issuance of ballots; procedure for voting.
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.