293.303. Challenges

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NV ST 293.303West's Nevada Revised Statutes AnnotatedTitle 24. Elections (Chapters 293-306)Effective: January 1, 2020 (Approx. 3 pages)

West's Nevada Revised Statutes Annotated

Title 24. Elections (Chapters 293-306)

Chapter 293. Elections (Refs & Annos)

Voting at Polls

Effective: January 1, 2020

N.R.S. 293.303

293.303. Challenges

Currentness

1. A person applying to vote may be challenged:

(a) Orally by any registered voter of the precinct upon the ground that he or she is not the person entitled to vote as claimed or has voted before at the same election. A registered voter who initiates a challenge pursuant to this paragraph must submit an affirmation that is signed under penalty of perjury and in the form prescribed by the Secretary of State stating that the challenge is based on the personal knowledge of the registered voter.

(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

(a) If the challenge is on the ground that the challenged person does not belong to the political party designated upon the roster, “I swear or affirm under penalty of perjury that I belong to the political party designated upon the roster”;

(b) If the challenge is on the ground that the roster does not show that the challenged person designated the political party to which he or she claims to belong, “I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong”;

(c) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the roster, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the roster”;

(d) If the challenge is on the ground that the challenged person previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

(e) If the challenge is on the ground that the challenged person is not the person he or she claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this roster.”

The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.

3. Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, the person must not be issued a ballot, and the election board officer shall indicate in the roster “Challenged” by the person's name.

4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue the person a nonpartisan ballot.

5. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293.304.

6. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue the person a partisan ballot.

7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification which contains proof of the address at which the person actually resides. For the purposes of this subsection, a voter registration card does not provide proof of the address at which a person resides.

8. If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless the person:

(a) Furnishes official identification which contains a photograph of the person, such as a driver's license or other official document; or

(b) Brings before the election board officers a person who is at least 18 years of age who:

(1) Furnishes official identification which contains a photograph of that person, such as a driver's license or other official document; and

(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he or she swears to be.

9. The election board officers shall:

(a) Record on the challenge list:

(1) The name of the challenged person;

(2) The name of the registered voter who initiated the challenge; and

(3) The result of the challenge; and

(b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.

Credits

Added by Laws 1960, p. 255. Amended by Laws 1977, p. 244; Laws 1983, p. 1287; Laws 1985, p. 560; Laws 1987, p. 340; Laws 1991, p. 1682; Laws 1993, p. 2182; Laws 1995, p. 2264; Laws 1997, c. 216, § 16, eff. July 1, 1997; Laws 2001, c. 406, § 4; Laws 2001, c. 581, § 14; Laws 2003, c. 2, § 92, eff. March 5, 2003; Laws 2007, c. 302, § 6, eff. June 2, 2007; Laws 2007, c. 478, § 27; Laws 2015, c. 509, § 18, eff. Jan. 1, 2016; Laws 2019, c. 619, § 35.5, eff. Jan. 1, 2020.

N. R. S. 293.303, NV ST 293.303

Current through legislation of the 82nd Regular Session (2023) Chapters 1 to 535 (End) and the 35th Special Session (2023) Chapter 1 (End). Text subject to revision and classification by the Legislative Counsel Bureau.

End of Document

293.303. Challenges | Statutes | Westlaw