Nev. Admin. Code § 293.270 - General requirements; voter appearing at incorrect polling place

1. A person who completes the written affirmation required by NRS 293.3082 must be provided with a provisional ballot, regardless of whether the person is at the wrong polling place or precinct.

2. If an election official becomes aware that a person appearing to vote is a registered voter who has appeared to vote in the wrong polling place, the election official must inform the person of the location of the correct polling place for the person. The election official must also inform the person that although a provisional ballot may be cast at the incorrect precinct, the provisional ballot will not be counted unless the requirements of subsection 4 are satisfied and the voter casts the provisional ballot at a polling place that is located in the congressional district in which the voter resides.

3. If the deadline for a registered voter who casts a provisional ballot pursuant to NRS 293.3081 or 293.3083 and who failed to provide the county or city clerk the required identification is a legal holiday, the deadline is extended until 5 p.m. on the next working day.

4. A county or city clerk shall count a provisional ballot if the county or city clerk determines that all the following requirements were satisfied by the date of the election for which the provisional ballot was cast:

(a) The voter was properly registered in the county where the provisional ballot was cast;

(b) The voter was a citizen of the United States;

(c) The voter was 18 years of age or older;

(d) The voter had continuously resided in the county where he or she registered to vote for at least 30 days;

(e) The voter had continuously resided in the precinct for which he or she registered to vote for at least 10 days;

(f) The voter signed the required affirmation;

(g) If the provisional ballot was cast at a polling place, the voter did not cast any other ballot, including a mail ballot;

(h) If the voter did not show proof of residence and identity at the time he or she registered to vote, that the voter provided official identification establishing residence and identity by 5 p.m. on the Friday following election day;

(i) The voter cast the provisional ballot at a polling place that was authorized to accept a ballot for the congressional district in which the voter resides; and

(j) The provisional ballot cast listed the correct federal offices for the congressional district in which the voter resides.

5. The county or city clerk shall post and submit:

(a) To the Secretary of State the totals of provisional votes counted:

(1) Except as otherwise provided in subparagraph (2), not earlier than 5 p.m. on the Friday immediately following election day; or

(2) If the Friday immediately following election day is a legal holiday, not earlier than 5 p.m. on the next working day after the Friday immediately following election day; and

(b) The updated results in the same manner and form as election day results.

6. As used in this section, "legal holiday" means any day declared to be a legal holiday pursuant to NRS 236.015.

Notes

Nev. Admin. Code § 293.270

Added to NAC by Sec'y of State by R072-06, eff. 7-14-2006; A by R163-07, 12-4-2007; R092-09, 10-27-2009; A by R089-21A, eff. 2/22/2022; A by R090-21A, eff. 2/28/2022; A by R101-21A, eff. 2/28/2022; A by R106-23A, eff. 2/20/2024

NRS 293.124, 293.247