Withdrawal of absent ballots from ballot boxes after initial withdrawal; verification of proper number and counting of absent ballots; reporting results of count; disseminating information about count before polls close prohibited; penalty.

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1. Each day after the initial withdrawal of the absent ballots pursuant to NRS 293.384 and before the day of the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the absent ballots received the previous day and ascertain that each box or container has the required number of absent ballots according to the county clerk’s absent ballot record for the election.

2. If any absent ballots are received by the county clerk on election day and the county clerk has determined that the absent voters are entitled to cast the absent ballots pursuant to NRS 293.325, the county clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.

3. Not earlier than 15 days before the election, the appropriate board shall, in public, count the votes cast on the absent ballots.

4. If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the county clerk who shall have the results added to the regular votes of the precinct. The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot. The county clerks shall develop a procedure to ensure that each ballot is kept secret.

5. Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.

(Added to NRS by 1960, 263; A 1969, 820; 1971, 445; 1973, 244; 1985, 1596; 1987, 349; 1989, 1665; 1991, 2221; 1993, 2187; 1997, 3463; 2001, 2031; 2007, 1163, 2599; 2020, 32nd Special Session, 46)


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