Processing, counting, and challenging absentee/mail-in ballots in Nevada, 2020


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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.^[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Nevada for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

How ballots are processed and counted
Whether ballots can be challenged
Conditions for rejecting a ballot
Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Nevada for the November 2020 election.

Absentee voting in Nevada: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

No

What was the deadline for requesting a ballot by mail?

Oct. 20, 2020

Was the request deadline a postmark or receipt deadline?

Received

What was the deadline for returning a voted ballot by mail?

Nov. 3, 2020

Was the return deadline a postmark or receipt deadline?

Postmarked

Were there notary or witness requirements?

No requirement

Processing ballots

As of October 2020, ballots could be processed upon receipt. As of November 2020, Nevada law included the following provision for processing absentee/mail-in ballots:

“

1. Except as otherwise provided in NRS 293D.200, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the county clerk shall check the signature in accordance with the following procedure:

(a) The county clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against all signatures of the voter available in the records of the county clerk.

(b) If at least two employees in the office of the county clerk believe there is a reasonable question of fact as to whether the signature on the absent ballot matches the signature of the voter, the county clerk shall contact the voter and ask the voter to confirm whether the signature on the absent ballot belongs to the voter.

2. Except as otherwise provided in subsection 3, if the county clerk determines pursuant to subsection 1 that the absent voter is entitled to cast a ballot and:

(a) No absent ballot central counting board has been appointed, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.

(b) An absent ballot central counting board has been appointed, the county clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305."""^[2]

”

See law: Nevada Revised Statutes 293.325

Counting ballots

Officials in Nevada began counting absentee/mail-in ballots on November 3, 2020. As of November 2020, Nevada law included the following provision for counting absentee/mail-in ballots:

“

1. Except as otherwise provided in NRS 293D.200, on the day of an election, the election boards receiving the absent voters’ ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:

(a) The name of the voter, as shown on the return envelope or approved electronic transmission must be called and checked as if the voter were voting in person;

(b) The signature on the back of the return envelope or on the approved electronic transmission must be compared with that on the application to register to vote;

(c) If the board determines that the absent voter is entitled to cast a ballot, the envelope must be opened, the numbers on the ballot and envelope or approved electronic transmission compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and

(d) The election board officers shall indicate in the roster “Voted” by the name of the voter.

2. Counting of absent ballots must continue through the seventh day following the election. ^[2]

”

See law: Nevada Revised Statutes 293.333

Nevada law included the following provision for who may count absentee/mail-in ballots:

“

1. An absent ballot central counting board consists of election board officers appointed in such numbers as the county clerk determines to be required by the volume of absent ballots requested.

2. The county clerk’s deputies who perform duties in connection with elections shall be deemed officers of the absent ballot central counting board.

3. When requested by the county clerk, the sheriff shall appoint a deputy sheriff to keep order during the counting of the absent ballot votes by the absent ballot central counting board.

4. The absent ballot central counting board is under the direction of the county clerk. ^[2]

”

See law: Nevada Revised Statutes 293.243

Nevada law included the following provision for poll watchers:

“

1. The county clerk shall allow members of the general public to observe the conduct of voting at a polling place.

2. A member of the general public shall not photograph the conduct of voting at a polling place or record the conduct of voting on audiotape or any other means of sound or video reproduction.

3. For the purposes of this section, a member of the general public does not include any person who:

(a) Gathers information for communication to the public;

(b) Is employed or engaged by or has contracted with a newspaper, periodical, press association, or radio or television station; and

(c) Is acting solely within his or her professional capacity. ^[2]

”

See law: Nevada Revised Statutes 293.274

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, Nevada law included the following provision for challenging ballots:

“

1. After the 30th day but not later than the 25th day before any election, a written challenge may be filed with the county clerk.

2. A registered voter may file a written challenge if:

(a) He or she is registered to vote in the same precinct as the person whose right to vote is challenged; and

(b) The challenge is based on the personal knowledge of the registered voter.

3. The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.

4. A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name. ^[2]

”

See law: Nevada Revised Statutes 293.574

As of November 2020, Nevada law included the following provision for handling challenged ballots:

“

5. The county clerk shall:

(a) File the challenge in the registrar of voters’ register and:

(1) In counties where records of registration are not kept by computer, he or she shall attach a copy of the challenge to the challenged registration in the roster.

(2) In counties where records of registration are kept by computer, he or she shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the roster.

(b) Within 5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the person whose right to vote has been challenged pursuant to this section informing the person of the challenge. If the person fails to respond or appear to vote within the required time, the county clerk shall cancel the person’s registration. A copy of the challenge and information describing how to reregister properly must accompany the notice.

(c) Immediately notify the district attorney. A copy of the challenge must accompany the notice.

6. Upon receipt of a notice pursuant to this section, the district attorney shall investigate the challenge within 14 days and, if appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. The court shall give such proceedings priority over other civil matters that are not expressly given priority by law. Upon court order, the county clerk shall cancel the registration of the person whose right to vote has been challenged pursuant to this section.

^[2]

”

See law:Nevada Revised Statutes 293.574

Rejecting ballots

As of November 2020, Nevada law included the following provision for rejecting absentee/mail-in ballots:

“

1. The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

2. The regulations for counting ballots must include provisions that:

(a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

(b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

(c) Only devices provided for in this chapter or chapter 293B of NRS may be used in marking ballots.

(d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

(e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope."""^[2]

”

See law: Nevada Revised Statutes 293.367

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.^[3]

As of November 2020, Nevada law included the following provision for curing ballots:

“

3. If the county clerk determines when checking the signature of the voter pursuant to subsection 1 that the absent voter did not sign the return envelope as required pursuant to NRS 293.330 but is otherwise entitled to cast a ballot, the county clerk shall contact the absent voter and advise the voter of the procedures to provide a signature established pursuant to subsection 4. For the absent ballot to be counted, the absent voter must provide a signature within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293.333.

4. Each county clerk shall prescribe procedures for a voter who did not sign the return envelope of an absent ballot in order to:

(a) Contact the voter;

(b) Allow the voter to provide a signature; and

(c) After a signature is provided, ensure the absent ballot is delivered to the appropriate election board or the absent ballot central counting board, as applicable.^[2]

”

See law: Nevada Revised Statutes 293.325

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

Footnotes

↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
↑ ^2.0 ^2.1 ^2.2 ^2.3 ^2.4 ^2.5 ^2.6 ^2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020

[1] The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020

[quotedisclaimer-2] 2.0 ^2.1 ^2.2 ^2.3 ^2.4 ^2.5 ^2.6 ^2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.

[3] National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020

[1]

[2]

[3]

Processing, counting, and challenging absentee/mail-in ballots in Nevada, 2020

Contents

Processing and counting ballots

Processing ballots

Counting ballots

Challenging ballots

Rejecting ballots

Ballot curing

Rules in other states

More frequently asked questions about the 2020 election

See also

Footnotes

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