Procedure for voting by mailing ballot; procedure for voting in person after receipt of mailing ballot; persons authorized to return mailing ballot; unlawful acts relating to return of mailing ballot; penalty.

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1. Except as otherwise provided in this section, NRS 293.352 and chapter 293D of NRS, in order to vote a mailing ballot, the registered voter must, in accordance with the instructions:

(a) Mark and fold the mailing ballot;

(b) Deposit the mailing ballot in the return envelope and seal the return envelope;

(c) Affix his or her signature on the return envelope in the space provided for the signature; and

(d) Mail or deliver the return envelope in a manner authorized by law.

2. Except as otherwise provided in subsection 3, if a registered voter who has received a mailing ballot applies to vote in person at:

(a) The office of the county clerk, the registered voter must mark and fold the mailing ballot, deposit it in the return envelope and seal the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the return envelope to the clerk.

(b) One of the polling places on election day or a polling place for early voting in the county designated pursuant to subsection 3 or 4 of NRS 293.343, the registered voter must surrender the mailing ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered mailing ballot shall mark it "Cancelled."

3. If a registered voter who has received a mailing ballot wishes to vote in person at the office of the county clerk or at one of the polling places on election day or a polling place for early voting in the county designated pursuant to subsection 3 or 4 of NRS 293.343, and the voter does not have the mailing ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

(a) Provides satisfactory identification;

(b) Is a registered voter who is otherwise entitled to vote; and

(c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

4. Except as otherwise provided in subsection 5, at the request of a voter whose mailing ballot has been prepared by or on behalf of the voter for an election, a person authorized by the voter may return the mailing ballot on behalf of the voter by mail or personal delivery to the county clerk.

5. Except for an election board officer in the course of the election board officer’s official duties, a person shall not willfully:

(a) Impede, obstruct, prevent or interfere with the return of a voter’s mailing ballot;

(b) Deny a voter the right to return the voter’s mailing ballot; or

(c) If the person receives the voter’s mailing ballot and authorization to return the mailing ballot on behalf of the voter by mail or personal delivery, fail to return the mailing ballot, unless otherwise authorized by the voter, by mail or personal delivery:

(1) Before the end of the third day after the day of receipt, if the person receives the mailing ballot from the voter four or more days before the day of the election; or

(2) Before the deadline established by the United States Postal Service for the mailing ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mailing ballot from the voter three or fewer days before the day of the election.

6. A person who violates any provision of subsection 5 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1960, 259; A 1963, 1374; 1975, 1533; 1985, 1095; 1987, 346; 1997, 3460; 2007, 1159, 1262, 2594; 2020, 32nd Special Session, 44)


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