Procedure for timely returning mail ballot; treatment of mail ballot when postmark cannot be determined; requirements for ballot drop boxes.

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1. Except as otherwise provided in subsection 2 and chapter 293D of NRS, in order for a mail ballot to be counted for any affected election, the mail ballot must be:

(a) Before the time set for closing of the polls, delivered by hand to the county or city clerk, as applicable, or any ballot drop box established in the county or city, as applicable, pursuant to this section; or

(b) Mailed to the county or city clerk, as applicable, and:

(1) Postmarked on or before the day of the election; and

(2) Received by the clerk not later than 5 p.m. on the seventh day following the election.

2. If a mail ballot is received by mail not later than 5 p.m. on the third day following the election and the date of the postmark cannot be determined, the mail ballot shall be deemed to have been postmarked on or before the day of the election.

3. Each county or city clerk must establish at least one location in the county or city, as applicable, for a ballot drop box where mail ballots can be delivered by hand and collected during the period for early voting and on election day.

4. A ballot drop box must be:

(a) Constructed of metal or any other rigid material of sufficient strength and resistance to protect the security of the mail ballots; and

(b) Capable of securely receiving and holding the mail ballots and being locked.

5. A ballot drop box must be:

(a) Placed in an accessible and convenient location at the office of the county or city clerk, as applicable, or a polling place in the county or city, as applicable; and

(b) Made available for use during the hours when the office of the county or city clerk, as applicable, or the polling place is open for business or voting, as applicable.

(Added to NRS by 2020, 32nd Special Session, 30)


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