Nevada

Complete coverage for Nevada can be found below. (Return to States List)

Swing State Focus

• Absentee Ballots: Will absentee voters be notified of mistakes on their ballot and be given an opportunity to correct those mistakes?

  No.

• Absentee Ballots: What is the last date on which an absentee ballot can arrive and still be counted?

  All absentee ballots must be received before the close of polls on Election Day, which is 7:00 pm. NRS. § 293.317.

• Absentee Ballots: How many absentee ballots were cast in 2008 and 2010, and what percentage of those were counted as valid ballots?

  In 2008, 86,123 absentee ballots were cast, and 93.7 percent were counted. In 2010, 57,667 absentee ballots were cast, and 98.3 percent were counted. U.S. Election Assistance Commission, Election Administration and Voting Survey, http://www.eac.gov/research/election_administration_and_voting_survey.aspx.

• Absentee Ballots: What must a voter do to validate an absentee ballot (e.g. any witness requirement? ID requirement for mailed ballots?)

  Voters are required to sign the back of the identification envelope. NRS § 293.316. First-time voters who are voting by mail will be required to include a copy of an acceptable form of identification either with their registration application or the actual ballot. Acceptable forms of identification are: current Nevada Driver's License; current Nevada State Identification Card; rent receipt with pre-printed address; bank statement or pre-printed check; credit card statement; car registration or proof of insurance; government document (tax bill, income info.); or, current utility bill. Nevada Secretary of State Election Center at http://nvsos.gov/index.aspx?page=77#id.

• Absentee Ballots: What is the latest date on which a voter can request an absentee ballot, and are those dates different for overseas and domestic voters?

  A request for an absentee ballot must be made by 5 p.m. 7 days prior to the day of the election. The dates are the same for overseas voters. NRS 293.315

• Poll-worker Error: What does state law say about a ballot cast incorrectly or in the wrong place due to poll-worker error?

  No information available.

• Provisional Ballots: What is the last date on which a provisional ballot voter can provide information that validates the ballot?

  The voter has the right to present the required identification until 5 p.m. on the Friday following the election. NRS § 293.3085.

• Provisional Ballots: How many provisional ballots were cast in 2008 and 2010, and what percentage of those were counted as valid ballots?

  In 2008: 6,603 provisional ballots were cast, and 42.1 percent were counted in full, and 1 ballot counted in part. In 2010, 2,992 provisional ballots were submitted, and 53.5 percent of the ballots were counted in full and 4 ballots, or 0.1 percent, were counted in part. U.S. Election Assistance Commission, Election Administration and Voting Survey,

  http://www.eac.gov/research/election_administration_and_voting_survey.aspx.

• Provisional Ballots: Is there an affidavit alternative for verifying the ID requirements for a provisional ballot?

  No.

• Provisional Ballots: Will provisional ballots count for the races for which a voter was in the correct location, even if in the wrong precinct for lower-ticket votes?

  No. The statute states that if the county or city clerk determines that the voter utilizing the provisional ballot cast the wrong ballot for the address at which the person resides, the vote shall not be counted. NRS § 293.3085.

• Provisional Ballots: What kind of information is required to validate a provisional ballot?

  The county or city clerk is responsible to determine the voter’s registration status, eligibility, and receipt of the proper ballot. A voter who failed to provide required identification may provide that information. NRS § 293.3085.

• Recount Resources: Does the state have an automatic recount, and how is it triggered?

  Nevada does not have an automatic recount. Candidates may request a recount. NRS § 293.400 and .403.

• Recount Resources: May a candidate request a recount?

  Nevada allows for a losing or tying candidate to request a recount, if done in writing within three days after the canvass and upon deposit of the estimated cost of the process. NRS § 293.403.

• Recount Resources: What is the date for certification (how many days after the election)?

  The county commissioners have until the sixth business day after the election to open the returns and make abstracts of the votes. After the abstract of votes is determined, the board of county commissioners orders the county clerk to certify the abstract. NRS 293.395

• Voter ID: What is the ID requirement to vote?

  In Nevada there is no identification requirement on Election Day. The only exception is if this is the voter’s first time voting in a federal election or the voter registered to vote via mail and did not provide a copy of acceptable identification at that time. Acceptable identification includes: 1) a current and valid photo identification of the person, which shows his or her physical address; or 2) a copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued by the state. NRS § 293.2725. Voters are required to provide the number of a Nevada driver’s license or Nevada DMV ID card number or the last four digits of their Social Security Number when registering to vote. Nevada Secretary of State Election Center at http://www.nvsos.gov/SOSVoterRegForm/VoterForm.aspx# .

• Voter ID: Is there an affidavit alternative available to use on Election Day for persons without the required ID?

  Most voters will be able to vote on Election Day without showing identification. NRS § 293.277. Voters who are required to show identification but are unable to do so may vote through a provisional ballot. NRS § 293.308.

• Voter ID: On what date did the voter ID requirement become effective?

  No requirement to show ID on Election Day.

Information & Analysis

November, 2010

• Early Votes in Nevada and Elsewhere (11/02/10)

October, 2010

• Nevada GOP complaint about problems with early voting (10/27/10)

January, 2008

• Nevada Caucus Hearing to Occur Thursday (1/15/08)
• Nevada Caucus Lawsuit Filed (1/14/08)

Commentary

2008

• Purges & Provisional Ballots (10/09/08)

News Wire

Election law news from across the country concerning Nevada

January, 2013

• Nevada voter ID photo costs less than expected (1/30/13)

November, 2012

• Miller calls for voter photo ID law in Nevada (11/28/12)
• Nevada Secretary of State addresses voting machine concerns (11/06/12)

June, 2012

• Democrats file complaint against Tarkanian (6/29/12)
• Whittemore pleads not guilty in illegal campaign contributions case (6/08/12)
• Group accused of violating election laws (6/05/12)

October, 2011

• Judge tweaks, approves Nevada redistricting maps (10/28/11)
• Nevada GOP folds; opens January date for NH primary (10/24/11)

April, 2011

• ACORN Pleads Guilty of Voter Registration Fraud (4/07/11)

March, 2011

• Bill would allow voter registration in Nevada until Election Day polls close (3/23/11)

November, 2010

• DOJ Reviewing Whether Reid Campaign Broke Election Law (11/11/10)

June, 2010

• Many Nevadans, Californians vote by mail in primary (6/10/10)

November, 2009

• Election filing, Primary dates moved up for 2010 campaign (11/06/09)

August, 2009

• In deal, ex-ACORN official promises to testify against others (8/18/09)

July, 2009

• High voter registration in Nevada (7/09/09)

June, 2009

• State to pay ABC News over Election Day dispute (6/16/09)

May, 2009

• Election law changes criticized (5/29/09)
• Nevada Files New Voter Registration Charges Against ACORN (5/06/09)
• Acorn Charged in Voter Registration Fraud Case in Nevada (5/05/09)

October, 2008

• State: No false or stifled votes here (10/29/08)
• Washoe ballot confusion should end Friday (10/14/08)
• Official: Registration issues won't affect vote (10/08/08)

September, 2008

• Electronic voter-registration databases put to the test (9/15/08)
• In Nevada, voter registration points to electric election (9/04/08)

August, 2008

• Column: 'Isolated problem' at the polls should serve as lesson (8/17/08)
• Voting update: All machines now working at Jesse Beck (8/12/08)
• Voting update: Voters complain of problems at Sparks Middle School (8/12/08)
• Early voting turnout unlikely to match '06 numbers (8/07/08)

July, 2008

• Dayton's early voting times called unfair for day shift workers (7/30/08)
• Term limit ruling takes two district board members off ballot (7/30/08)
• Early Voting Brings Low Turnout (7/28/08)
• Registrar foresees low turnout (7/27/08)
• Lawsuit over voting machines dismissed in Reno (7/27/08)

Litigation

Active Cases

• Townley v. Miller (Ballot Design)

Archived Cases

• ABC, Inc. v. Heller (Polling Place Press Access)
• Chesnut v. Democratic Party of Nevada (Selection of Presidential Electors)

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