DISCLAIMER This nutshell was prepared for informational purposes only. It is not legal advice and is not intended to and does not create an attorney-client relationship. Any decision to take action, legal or otherwise, or to obtain legal advice or an attorney, should not be based solely on information contained in this publication.
TABLE OF CONTENTS! INTRODUCTION!...!5! VOTER REGISTRATION!...!6! WHO!MAY!REGISTER!TO!VOTE?!...!6! WHEN!WILL!THE!GENERAL!ELECTION!BE!HELD!IN!2012?!...!6! WHAT!IS!THE!VOTER!REGISTRATION!DEADLINE!FOR!THE!GENERAL!ELECTION?!...!6! WHERE!CAN!A!PERSON!REGISTER!TO!VOTE?!...!7! WHAT!INFORMATION!MUST!BE!PROVIDED!ON!A!VOTER!REGISTRATION!APPLICATION?!...!8! IN!ADDITION,!APPLICANTS!WILL!BE!REQUIRED!TO!PROVIDE!PROOF!OF!THEIR!IDENTITY!AND!THEIR! RESIDENCE.!...!9! HOW!DOES!A!PERSON!WITHOUT!A!HOME!REGISTER!TO!VOTE?!...!10! ARE!THERE!PROTECTIONS!FOR!A!VOTER!WHO!DOES!NOT!WISH!TO!REVEAL!HIS/HER!ADDRESS?!...!10! SHOULD!A!VOTER!WHO!MOVES!TO!A!NEW!PRECINCT!RECREGISTER!TO!VOTE?!...!10! MAY!A!FIRSTCTIME!VOTER!REGISTER!BY!MAIL?!...!10! WILL!A!MAILCIN!VOTER!REGISTRATION!APPLICATION!BE!ACCEPTED!IF!IT!IS!RECEIVED!AFTER!THE! REGISTRATION!DEADLINE?!...!11! WHAT!HAPPENS!IF!AN!APPLICATION!TO!REGISTER!TO!VOTE!IS!INCOMPLETE?!...!11! ARE!THERE!ANY!RULES!ON!ASSISTING!OTHERS!WITH!THE!COMPLETION!OF!A!VOTER!REGISTRATION! APPLICATION?!...!11! HOW!MANY!VOTER!REGISTRATION!APPLICATIONS!MAY!INDIVIDUALS/ORGANIZATIONS!CONDUCTING! VOTER!REGISTRATION!DRIVES!REQUEST?!...!12! MAY!INDIVIDUALS/ORGANIZATIONS!CONDUCTING!VOTER!REGISTRATION!DRIVES!MAKE!COPIES!OF! COMPLETED!VOTER!REGISTRATION!APPLICATIONS!BEFORE!DELIVERING!THEM!TO!THE!COUNTY!CLERK S! OFFICE?!...!12! ARE!INDIVIDUALS/ORGANIZATIONS!CONDUCTING!VOTER!REGISTRATION!DRIVES!REQUIRED!TO!DELIVER! OR!MAIL!COMPLETED!VOTER!REGISTRATION!APPLICATIONS!WITHIN!A!CERTAIN!TIME!LIMIT?!...!12! CAN!ELECTION!OFFICIALS!DELAY!THE!PROCESSING!OF!A!VOTER!REGISTRATION!APPLICATION!OR!DENY! REGISTRATION!OUTRIGHT!BASED!ON!THEIR!INABILITY!TO!MATCH!AN!APPLICANT S!IDENTIFICATION! NUMBER!WITH!SOCIAL!SECURITY!ADMINISTRATION!OR!DEPARTMENT!OF!MOTOR!VEHICLES!RECORDS?!...!12! IF!ELECTION!OFFICIALS!DELAY!OR!DENY!PROCESSING!A!VOTER!REGISTRATION!APPLICATION!BECAUSE! THE!APPLICANT S!IDENTIFICATION!NUMBER!CANNOT!BE!MATCHED,!WILL!THE!APPLICANT!BE!NOTIFIED?!...!13! WHAT!CAN!A!PERSON!DO!IF!HIS/HER!REGISTRATION!APPLICATION!IS!DENIED?!...!13! IDENTIFICATION REQUIREMENTS!...!14! WHAT!INFORMATION!IS!REQUIRED!TO!REGISTER!TO!VOTE?!...!14! WHO!IS!REQUIRED!TO!PRESENT!IDENTIFICATION!TO!VOTE!AT!THE!POLLING!PLACE!ON!ELECTION!DAY?!...!14! WHAT!IDENTIFICATION!IS!REQUIRED!TO!OBTAIN!OR!FILE!AN!ABSENTEE!BALLOT?!...!16! WHAT!IDENTIFICATION!IS!REQUIRED!TO!FILE!A!PROVISIONAL!BALLOT?!...!16! VOTER REGISTRATION LIST MAINTENANCE!...!17! FOR!WHAT!REASONS!CAN!A!VOTER S!REGISTRATION!BE!CANCELLED?!!IS!THE!VOTER!NOTIFIED?!...!17! IF!A!VOTER!IS!ON!THE! INACTIVE!LIST,!HOW!DOES!A!VOTER!RETURN!TO!THE!ACTIVE!LIST?!...!18! WHAT!SHOULD!A!VOTER!DO!IF!S/HE!CHANGES!HIS/HER!ADDRESS?!...!18! Nevada Voter Protection Laws in a Nutshell, 2012 2
WHAT!ARE!THE!PROCEDURES!FOR!REMOVING!THE!NAMES!OF!PERSONS!WHO!HAVE!FELONY! CONVICTIONS?!...!18! MAY!A!PERSON!WHOSE!NAME!HAS!BEEN!REMOVED!BECAUSE!OF!A!FELONY!CONVICTION!RESTORE! HIS/HER!RIGHT!TO!VOTE?!...!19! WHAT!MAY!A!VOTER!DO!IF!S/HE!LEARNS!THAT!HIS/HER!NAME!HAS!BEEN!REMOVED!FROM!THE! REGISTERED!VOTER!LIST!IN!ERROR?!...!20! WHO!MAY!OBTAIN!A!LIST!OF!REGISTERED!VOTERS?!...!20! ABSENTEE VOTING!...!21! WHO!IS!PERMITTED!TO!VOTE!BY!ABSENT!BALLOT?!...!21! HOW!MAY!A!PERSON!REQUEST!AN!ABSENT!BALLOT?!...!21! WHAT!IS!THE!DEADLINE!FOR!REQUESTING!AN!ABSENT!BALLOT?!...!21! CAN!A!VOTER!RECEIVE!ASSISTANCE!IN!REQUESTING!AND!CASTING!AN!ABSENT!BALLOT?!...!22! WHAT!IF!A!VOTER!MISSED!THE!DEADLINE!FOR!REQUESTING!AN!ABSENTEE!BALLOT?!!CAN!A!VOTER! RECEIVE!ONE!DUE!TO!AN!EMERGENCY?!...!22! WHAT!ARE!THE!SITUATIONS!FOR!USING!AN!EMERGENCY!BALLOT!WITH!OR!THROUGH!A! REPRESENTATIVE?!...!22! CAN!A!FIRSTCTIME!VOTER!CAST!AN!ABSENT!BALLOT?!...!22! HOW!SHOULD!A!VOTER!CAST!AN!ABSENT!BALLOT!TO!ENSURE!THAT!IT!WILL!BE!COUNTED?!...!23! WHEN!IS!THE!DEADLINE!FOR!CASTING!THE!ABSENT!BALLOT?!...!23! WHEN!WILL!ABSENT!BALLOTS!BE!COUNTED?!...!23! WHAT!SHOULD!A!PERSON!DO!IF!S/HE!REQUESTED!AN!ABSENT!BALLOT!BUT!WANTS!TO!VOTE!IN!PERSON! ON!ELECTION!DAY?!...!23! DOES!NEVADA!ALLOW!EARLY!VOTING?!...!24! WHAT!IS!THE!PROCEDURE!FOR!EARLY!VOTING?!...!24! POLLING PLACE LOCATIONS AND PROCEDURES!...!25! FOR!HOW!LONG!ARE!THE!POLLS!OPEN!ON!ELECTION!DAY?!...!25! WHEN!IS!THE!FINAL!LIST!OF!POLLING!PLACE!LOCATIONS!MADE!AVAILABLE!TO!THE!PUBLIC?!...!25! HOW!AND!WHEN!WILL!VOTERS!BE!NOTIFIED!ABOUT!POLLING!PLACE!CHANGES?!...!25! HOW!ARE!DECISIONS!ABOUT!POLLING!PLACE!LOCATIONS!MADE?!...!25! MUST!POLLING!SITES!BE!ACCESSIBLE?!...!26! CAN!VOTERS!REQUEST!ASSISTANCE!WITH!VOTING!EQUIPMENT!AT!THE!POLLING!PLACE?!...!26! CAN!A!CHILD/MINOR!ENTER!THE!VOTING!BOOTH!WITH!THE!VOTER?!...!27! WHAT!ACCOMMODATIONS!MUST!BE!MADE!FOR!NONCENGLISH!SPEAKERS!OR!PERSONS!UNABLE!TO! READ?!...!27! IF!A!VOTER!IS!IN!LINE!TO!VOTE!AT!A!POLL!CLOSING!TIME!BUT!HAS!NOT!REACHED!THE!VOTING!MACHINE! MAY!S/HE!STILL!VOTE?!...!27! MAY!A!VOTER!WHO!HAS!MOVED!TO!A!NEW!ADDRESS!BUT!HAS!NOT!REGISTERED!AT!HIS/HER!NEW! ADDRESS!BE!ALLOWED!TO!VOTE?!...!28! ARE!POLLCWATCHERS!OR!OTHER!NONCVOTERS!PERMITTED!AT!THE!POLLING!PLACE?!...!28! WHAT!ACTIVITIES!ARE!RESTRICTED!AT!POLLING!PLACES!ON!ELECTION!DAY?!...!29! WHAT!ACTIVITIES!ARE!PERMITTED!AT!THE!POLLING!PLACES!ON!ELECTION!DAY?!...!29! CHALLENGES AND VOTER INTIMIDATION!...!30! CAN!A!PERSON S!RIGHT!TO!VOTE!BE!CHALLENGED!AT!THE!POLLS?!...!30! WHAT!ARE!THE!STEPS!TAKEN!IF!A!VOTER S!NAME!DOES!NOT!APPEAR!ON!THE!POLL!BOOK?!...!31! WHAT!CONSTITUTES!ILLEGAL!INTIMIDATION!OF!VOTERS!AT!THE!POLLS?!...!31! ARE!LAW!ENFORCEMENT!OFFICERS!ALLOWED!IN!A!POLLING!PLACE!DURING!VOTING!HOURS?!...!32! TO!WHOM!SHOULD!A!PERSON!REPORT!ACTS!OF!INTIMIDATION?!...!32! Nevada Voter Protection Laws in a Nutshell, 2012 3
WHAT!IS!A!PROVISIONAL!BALLOT?!...!33! WHO!MAY!VOTE!WITH!A!PROVISIONAL!BALLOT?!...!33! WHY!AND!WHEN!WILL!PROVISIONAL!BALLOTS!BE!PROVIDED!TO!VOTERS?!...!33! WHO!DECIDES!WHETHER!A!VOTER!GETS!A!PROVISIONAL!BALLOT?!...!33! WHAT!CAN!A!VOTER!DO!IF!S/HE!REQUESTS!BUT!DOES!NOT!RECEIVE!A!PROVISIONAL!BALLOT?!...!33! WHAT!INFORMATION!MUST!BE!PROVIDED!TO!VOTERS!WHO!CAST!PROVISIONAL!BALLOTS?!...!34! DOES!THE!VOTER!WHO!CASTS!A!PROVISIONAL!BALLOT!HAVE!THE!RIGHT!TO!PRESENT!EVIDENCE!OR! APPEAR!IN!COURT!BEFORE!THE!ELECTION!OFFICIALS!EVALUATE!WHETHER!IT!WILL!COUNT?!...!34! WHEN!WILL!PROVISIONAL!BALLOTS!BE!COUNTED?!...!34! HOW!DO!ELECTION!OFFICIALS!DETERMINE!WHETHER!A!PROVISIONAL!BALLOT!WILL!BE!COUNTED?!...!34! WILL!A!PROVISIONAL!BALLOT!VOTED!IN!THE!WRONG!POLLING!PLACE!BE!NULL!AND!VOID!COMPLETELY?!...!35! DOES!A!VOTER!HAVE!A!RIGHT!TO!APPEAL!A!DECISION!NOT!TO!COUNT!HIS/HER!PROVISIONAL!BALLOT?!...!35! ENDNOTES!...!36! Nevada Voter Protection Laws in a Nutshell, 2012 4
INTRODUCTION This publication ( Nutshell ) is intended to distill complex election law for lawyers, advocates, voter registration campaigns, and Get Out The Vote campaigns. It combines state election law with state regulations, rules, attorney general opinions, and other election materials to provide a comprehensive interpretation of the law and practices with respect to elections. While this Nutshell does not cover every provision of state election law, it highlights those provisions that, in our experience, have most affected the voting rights of voters of color. ACKNOWLEDGMENTS Advancement Project wishes to thank supporters of our Voter Protection Program including the Bauman Foundation, Ford Foundation, Open Society Institute, the Wallace Global Fund, and several individual donors, for making this publication possible. Also, a special thanks to attorney Steve Zieff and Nevada Bar Member Macaire Moran for their contributions to this 2012 legal guide. ABOUT ADVANCEMENT PROJECT Advancement Project is a next generation, multi-racial civil rights organization. We tackle inequity with innovative strategies and strong community alliances. With a national office in Washington, DC and two offices in California, we combine law, communications, policy and technology to create workable solutions and achieve systemic change. We aim to inspire and strengthen movements that expand opportunity for all. See www.advancementproject.org for more information. Nevada Voter Protection Laws in a Nutshell, 2012 5
VOTER REGISTRATION Who may register to vote? Any person who meets all of the following criteria may register to vote in the State of Nevada:1 Is a citizen of the United States; Is 18 years of age or over; A person may register at age 17 if s/he will be 18 by Election Day. Has continuously resided in the state and county at least 30 days and in the precinct at least 10 days before the next election; Claims no other place as his/her legal residence; Is not determined by a court to be mentally incompetent; and2 Is not currently serving a sentence for any felony conviction or other loss of civil rights, or been convicted of a felony without having his/her conviction overturned or his/her civil rights restored.3 People who were convicted of a federal crime in Nevada can only vote if they receive a presidential pardon.4 A resident of another state may register to vote for President and Vice President of the United States in Nevada if s/he: 1. Files a sworn statement with the County Clerk that s/he is not registered to vote in any other state, and 2. Provides evidence: Of his/her domicile in Nevada; or That s/he maintains an account at a financial institution located in Nevada; or That his/her motor vehicle is registered in Nevada5 When will the General Election be held in 2012? Tuesday, November 6, 2012 What is the voter registration deadline for the General Election? Nevada does not allow persons to register to vote on Election Day. For Citizens not Registered to Vote o Voter registration applications submitted by mail must be postmarked or received by October 6, 2012 Nevada Voter Protection Laws in a Nutshell, 2012 6
o Voter registration applications submitted in person must be submitted by October 16, 2012 For Military and Overseas Citizens o Voter registration applications must be postmarked by October 6, 2012 6 Where can a person register to vote? Most Nevada residents may register in person, online, or by mail. In Person: Nevada residents may register to vote at the following locations: o Department of Motor Vehicle offices; o County Clerk offices; o Offices that provide public assistance as designated by the Secretary of State; o Offices that receive money from the State of Nevada to provide services to persons in the State who are disabled; o Recruitment offices of the United States Armed Forces; and o Such other county and municipal facilities as a City and/or County Clerk may designate. 7 Online: Residents can register to vote online in English or Spanish before October 6, 2012 if they have a DMV-issued ID. 8 Online registration is available at: https://nvsos.gov/sosvoterservices/registration/step1.aspx Exception: Residents who may not register online with this state website include: Residents without a DMV-issued ID; Residents of Carson City and Douglas counties; Uniformed service member or family member who does not currently reside in Nevada; and Citizens living outside of the United States. Residents without a DMV-issued ID may print out a registration application online and mail it in. The application is available at: http://www.nvsos.gov/sosvoterregform/voterform.aspx By Mail: Nevada residents may also register by mail. The voter registration form must be postmarked by October 6, 2012. Nevada Voter Protection Laws in a Nutshell, 2012 7
Mail-in application forms are available at: http://www.nvsos.gov/sosvoterregform/voterform.aspx The forms are usually also available at the following locations (Voters should check the specific location in advance of visiting it): Government offices, such as: United States post offices; Public libraries; Public utility offices; Political committee offices and campaign headquarters of federal and state candidates; Financial and educational institutions; Places of worship and community centers for seniors; Other locations deemed appropriate by the County Clerk. 9 Upon a resident s request, a County Clerk will also mail a voter registration application to the resident. The resident need only submit a written request for a mail-in application to the County Clerk for the county in which s/he resides before the registration deadline. 10 At Home: If a person becomes ill or has a disability that requires special assistance, s/he may be eligible to register at his/her residence with the assistance of a field registrar if s/he can demonstrate a need for special assistance. 11 This can be done through October 6, 2012. To secure this special assistance, the resident must submit a written or telephonic request to the County Clerk. Once the County Clerk receives the request, s/he will direct a field registrar to the home of the person to register that person to vote. 12 What information must be provided on a voter registration application? An applicant must provide the following information on the application: 13 Name Date of Birth Political Party Affiliation 14 Residential Address (not including post office boxes, mail forward services, or business addresses unless actually living there, or highway contract routes) Mailing address, if different from above One of the following three identifying numbers: o Current Nevada driver s license number; or o The last four digits of resident s social security number if the resident does not have a driver s license number; or Nevada Voter Protection Laws in a Nutshell, 2012 8
o Identification number assigned by the County Clerk: If a resident does not have a current and valid license or a social security number, the County Clerk will issue a unique identification number to the applicant. 15 Signature (If an applicant cannot sign his/her name due to a physical disability, s/he may use a signature stamp that meets the standards of the Office of Disability Services, 16 if s/he provides appropriate identification in person at the Elections Department.) In addition, applicants will be required to provide proof of their identity and their residence. These documents may be used to establish identity if the document is current and valid: A Nevada driver s license; An ID card issued by the Department of State; An ID card issued by a branch of the Armed Forces of the United States; An ID card issued by a sheriff of a Nevada county to an employee as a condition of employment by certain business enterprises; An ID card issued by an agency of the State of Nevada or political subdivision thereof or the United States, including, without limitation, a public school, college, or university; A student ID card from an accredited private school, college or university; A United States passport; A insurance plan identification card which the county clerk determines, in his or her discretion, to be a reliable indication of the true name and identity of the person; or A tribal ID card. 17 If the applicant registers to vote by mail and does not provide appropriate ID with the application, s/he must show ID at his/her first time voting in-person at the polls on Election Day. 18 These documents may be used to establish residency if they are current and valid: Any item from the above list if it lists the voter s residence. A utility bill, including, without limitation, a bill for electricity, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television; A bank or credit union statement; A paycheck; A income tax return; A statement concerning the mortgage, rental or lease of a residence; A motor vehicle registration; A document issued by a governmental agency; Nevada Voter Protection Laws in a Nutshell, 2012 9
A property tax statement; or Any other official article which the county clerk determines, in his or her discretion, to be a reliable indication of the true residential address of the person. 19 How does a person without a home register to vote? Nevada does not have specific laws addressing voter registration for people who do not have permanent residence. However, if a Nevada resident does not have a street address, s/he can register to vote by providing a description of his/her location with enough detail for it to be assigned to a precinct, such as two intersecting streets or a township section. 20 Are there protections for a voter who does not wish to reveal his/her address? Victims of domestic violence, sexual assault, or stalking may use a fictitious address to register to vote. 21 Additionally, any registered voter may submit a written request to his/her respective County Clerk/Registrar of Voters to have his/her address and telephone number withheld from the public. 22 Should a voter who moves to a new precinct re-register to vote? Yes. If a registered voter moves to a new voter precinct before the registration deadline, s/he must re-register to vote. 23 However, Nevada does not consider voters to have moved if they are: Employed in the military, naval or civil service of the United States or of the State of Nevada or married to another person who is so employed or engaged; A student at any seminary or other institution of learning; or An inmate of any public institution. 24 If a voter moves to a new precinct and fails to re-register in that precinct, s/he may still be able to vote. See Section VI: Polling Place Locations and Procedures. May a first-time voter register by mail? Yes. A first-time voter may register by mail, but if s/he did not include identification with the application, s/he will be required to present appropriate identification at the polling place on Election Day in order to actually vote. 25 See Section III: ID Requirements. Nevada Voter Protection Laws in a Nutshell, 2012 10
The following first-time voters are exempt from the proof of identification requirement: Voters who personally hand-deliver their certificate/federal form to an official at the County Clerk s office, a Department of State office, or a designated state voter registration agency; Voters whose name, date of birth, and identification number supplied on the certificate/form (i.e., driver s license number or last four digits of the social security number) are successfully matched by election officials with an existing state identification record; Voters who are eligible to vote other than in person under the Uniform and Overseas Citizens Absentee Voting Act, the Voting Accessibility for the Elderly and Handicapped Act, and/or any other applicable federal law. 26 Will a mail-in voter registration application be accepted if it is received after the registration deadline? All voter registration applications must be postmarked by the registration deadline, October 6, 2012. Voter registration forms submitted in person will be accepted until October 16, 2012. What happens if an application to register to vote is incomplete? If the County Clerk determines that a registration is inaccurate or incomplete, s/he will, as soon as possible, mail a notice to the applicant indicating that additional information is required. 27 The applicant must provide the correct or missing information within 15 days from the date that the County Clerk sent the notice. 28 This additional information may be submitted to the County Clerk after the deadline to register, as long as the applicant submitted his/her original application before the deadline. Within 10 days of receipt of the additional/missing information, the County Clerk will mail to the applicant: (1) A notice informing the person that s/he is registered to vote and a voter registration card; or (2) A notice informing the applicant that the list of registered voters has been corrected. 29 Are there any rules on assisting others with the completion of a voter registration application? Nevada Voter Protection Laws in a Nutshell, 2012 11
A person who registers to vote by mail may be assisted in completing a registration application. 30 If assistance is provided, the assistant must complete Box 13 on the application to acknowledge that assistance was provided. Failure to provide this information is a felony. 31 How many voter registration applications may individuals/organizations conducting voter registration drives request? There is no limit on the number of voter registration applications an individual or an organization may receive from the State Elections Division or County Clerk s offices. However, if an individual/organization wants 50 or more, s/he or it must submit a Mail-In Application Distribution Plan, 32 to the Secretary of State. May individuals/organizations conducting voter registration drives make copies of completed voter registration applications before delivering them to the County Clerk s office? There is nothing in the law that prohibits the copying of completed voter registration applications prior to submission. Are individuals/organizations conducting voter registration drives required to deliver or mail completed voter registration applications within a certain time limit? Yes. Individuals/organizations conducting voter registration drives are required to return completed applications left in their custody to the County Clerk s office within 10 days of their completion and no later than the registration deadline date. Failure to do so could result in a fine of up to $20,000 per violation. 33 Can election officials delay the processing of a voter registration application or deny registration outright based on their inability to match an applicant s identification number with Social Security Administration or Department of Motor Vehicles records? Although election officials may attempt to match the social security number or driver license number of an applicant with SSA/DMV records, it cannot deny an application based on an inability to match. In Nevada, an applicant must be given a unique identifying number when s/he has no valid social security or driver s license number. The voter will then be added to the rolls with the unique identifier and s/he will be flagged as ID required in the poll book. S/he will then be required to show identification prior to voting by regular ballot. Nevada Voter Protection Laws in a Nutshell, 2012 12
If election officials delay or deny processing a voter registration application because the applicant s identification number cannot be matched, will the applicant be notified? Probably. The statute doesn t directly address this, but it does say that if the voter doesn t provide sufficient information or if the information is believed to be fraudulent, the clerk shall cancel the registration. 34 It s unclear whether a failure to verify a HAVA ID number will trigger this statutory provision. If the provision is applicable to a non-verifiable HAVA ID number, then the County Clerk will notify the voter by registered or certified mail, return receipt requested, of a determination made because of lack of sufficient proof of identity and residence. The notice must set forth the grounds for cancellation. Unless the voter, within 15 days after the return receipt has been filed in the office of the County Clerk, presents satisfactory proof of his identity and residence to the County Clerk, the County Clerk will cancel his registration. 35 What can a person do if his/her registration application is denied? An applicant whose registration has been denied or determined to be incomplete has 15 days after the notice of denial/incompleteness to provide the information requested by the County Clerk or to otherwise cure the application. If the applicant does not do so, the application is void and the person will not be registered. If s/he does so, the County Clerk will, within 10 days of receiving the information, issue a voter registration card to the applicant. 36 If a person believes that his/her registration was denied in violation of the federal Help America Vote Act of 2002 ( HAVA ), which covers, among other things, voter registration procedures, that person may file a complaint with the Secretary of State s Bureau of Elections. 37 The complaint must be in writing, signed and sworn by the person filing the complaint, and notarized. 38 The complaint must provide the name of each respondent and a concise statement of the facts of the alleged violation. If the complainant requests a hearing, the Secretary of State will conduct a hearing within 30 days of the request. 39 The Secretary of State should render a final determination within 90 days that the complaint was filed, or within any extension period to which the complainant has consented. 40 If not, the Secretary of State will, on or before the fifth business day after the final determination was due to be issued, initiate proceedings for alternative dispute resolution. 41 Nevada Voter Protection Laws in a Nutshell, 2012 13
IDENTIFICATION REQUIREMENTS What information is required to register to vote? See Section II: Voter Registration General. Who is required to present identification to vote at the polling place on Election Day? In Nevada, most voters do not need to present identification to vote. According to the law, a voter does not need to present an ID to vote as long as his/her name appears in the election board register and his/her signature matches the signature on the record. 42 However, in reality some counties ask for ID at the polls. Clark County: If the voter s signature matches the signature on the record, s/he does not need to present ID. However, if his/her name is not readable in the book then s/he will be asked to present ID. These same rules apply to voters who registered to vote online.43 Carson City: Voters are asked to provide some form of ID. They can either present a driver s license, or a Nevada-issued ID and their Social Security Number. According to the Carson City Elections Department, voters without one of these IDs may still be able to vote if they show proof of residence. It will depend on the individual case. They should show something like a utility bill that has their name on it and proves they reside in Carson City. 44 Washoe County: As long as their signature matches, and there aren t any flags in the person s record, voters will not be required to show ID. 45 Voters who have moved: If the voter moved within the same county (from one precinct to another, from one congressional district to another, or within the same precinct), s/he is entitled to vote at his/her previous poll location without showing Nevada Voter Protection Laws in a Nutshell, 2012 14
ID. The voter will have to provide an oral or written affirmation to the poll worker, attesting to his/her new address. 46 If a voter s name does not appear on the register or the voter does not provide the required affirmation, s/he will have to establish his/her identity and residency before s/he will be allowed to vote. These documents may be used to establish identity if the document is current and valid: A Nevada driver s license; An ID card issued by the Department of State; An ID card issued by a branch of the Armed Forces of the United States; An ID card issued by a sheriff of a Nevada county to an employee as a condition of employment by certain business enterprises; An ID card issued by an agency of the State of Nevada or political subdivision thereof or the United States, including, without limitation, a public school, college, or university; A student ID card from an accredited private school, college or university; A United States passport; A insurance plan identification card which the county clerk determines, in his or her discretion, to be a reliable indication of the true name and identity of the person; or A tribal ID card. 47 These documents may be used to establish residency if they are current and valid: Any item from the above list if it lists the voter s residence. A utility bill, including, without limitation, a bill for electricity, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television; A bank or credit union statement; A paycheck; A income tax return; A statement concerning the mortgage, rental or lease of a residence; A motor vehicle registration; A document issued by a governmental agency; A property tax statement; or Any other official article which the county clerk determines, in his or her discretion, to be a reliable indication of the true residential address of the person. 48 First time voters who registered by mail or online should bring a photo ID with them to the polls. This is not mandatory for all first time voters, but the elections Nevada Voter Protection Laws in a Nutshell, 2012 15
officials may ask for ID if they cannot match the voter s driver s license number, non-driver ID number, or Social Security number to existing records. 49 What identification is required to obtain or file an absentee ballot? In Nevada, an absentee ballot is called an absent ballot. Any registered voter, for any reason, may request an absent ballot, but it must be done in writing. 50 Any voter in Nevada may vote by absentee ballot as long as s/he meets any of the below requirements: Provided a form of identification or valid proof of residence to the County Clerk/Registrar; or Provided a valid Driver's License number or the last 4 digits of his/her Social Security Number at the time s/he registered to vote; or Is in the military or overseas; or Gets the absent ballot request form notarized; or Requests an absent ballot in person at the office of the County Clerk/Registrar. 51 First time voters must provide a copy of the ID with their absent ballot such as: Current Nevada Driver's License Current Nevada State Identification Card Rent receipt with pre-printed address Bank statement or pre-printed check Credit card statement Car registration or proof of insurance Government document (tax bill, income info.) Current utility bill 52 If they fail to provide required ID, the absent ballot will be treated as a provisional ballot and counted only if the voter submits a copy of his/her identification to the Election Department by 5:00 p.m. on the Friday after Election Day and then only for his/her choices for federal offices, e.g., President, U.S. Senate, and Congress. 53 Absent ballots received by the county or city clerk after the polls are closed on the day of election are invalid. 54 What identification is required to file a provisional ballot? Nevada Voter Protection Laws in a Nutshell, 2012 16
If a voter does not have sufficient ID to vote, s/he may still cast a provisional ballot.55 See Section VIII: Provisional Ballots. VOTER REGISTRATION LIST MAINTENANCE For what reasons can a voter s registration be cancelled? Is the voter notified? For List Maintenance. The County Clerks have the authority to investigate registrations and confirm addresses. The Clerk will cancel a registration if: (a) The Clerk mails a written notice to the voter requesting verification of his/her address; and (b) The voter does not respond by returning the postcard or otherwise verifying his/her address with the County Clerk; and (c) The voter does not appear to vote in an election held before the second general election following the date of the notice.56 If the voter fails to return to the postcard in step (b) within 30 days of the mailing, the voter s name will be added to a list of inactive voters. The inactive voter will be completely removed from the rolls if the voter does not appear to vote by the second general election following the date of the notice of inactive status.57 Upon Challenge. A County Clerk must also cancel the registration of a voter if the voter s status is successfully challenged. A challenge begins when any reliable person files an affidavit with the County Clerk stating: (a) The voter at issue is not a citizen of the United States, or (b) The voter at issue has: (1) moved outside the county where s/he is registered with the intention of remaining there for an indefinite time and with the intention of abandoning his/her residence in the county where s/he is registered; and (2) established residence in some other specific location.58 This affidavit must be filed no later than 30 days before an election. When an affidavit is filed, the County Clerk must notify the challenged voter by registered or certified mail, return receipt requested. A copy of the affidavit must be enclosed with the notice of the filing. The challenged voter must present satisfactory proof of citizenship and/or residency within 15 days after the return receipt has been filed in the County Clerk s office.59 Nevada Voter Protection Laws in a Nutshell, 2012 17
Other Bases for Cancellation. A County Clerk will also cancel a voter s registration for any one of the following reasons: 60 The County Clerk has discovered an incorrect registration, has notified the person that s/he has submitted an incorrect registration, and the person has failed to respond or appear to vote within the required period; The County Clerk discovers a duplicate registration; The County Clerk has personal knowledge of the death of a person registered, or an authenticated certificate of the death of any voter is filed with the County Clerk s office; The local district attorney determines, after consultation with the County Clerk, that there is probable cause to believe that information in the registration concerning the identity or residence of the voter at issue is fraudulent; The insanity or mental incompetence of the person registered is legally established; It has been determined that the person registered has been convicted of a felony and that person s right to vote has not been restored; The voter requests to change political party affiliation, if that change is made before the end of the last day to register to vote in the election October 16, 2012. Upon the production of a certified copy of the judgment of any court directing the cancellation to be made; or The voter at issue requests cancellation. If a voter is on the inactive list, how does a voter return to the active list? There is nothing in Nevada law that addresses this issue directly. The safest and surest way of getting back on the active list of registered voters is to re-register to vote or vote in the next federal election. What should a voter do if s/he changes his/her address? A voter who changes his/her address should notify the County Clerk in the county of the new address by completing a new voter registration application indicating the new address and submitting it to the new county. This will act as an update to the address listed on the voter registration form. 61 If a voter moves to a new precinct and fails to re-register in that precinct, s/he may still be able to vote. See Section VI: Polling Place Locations and Procedures. What are the procedures for removing the names of persons who have felony convictions? Nevada Voter Protection Laws in a Nutshell, 2012 18
The County Clerk will cancel the registration of a voter if the voter has been convicted of a felony and has not yet had his/her rights restored. 62 For purposes of establishing whether a voter has been convicted of a felony, a County Clerk may rely upon any information s/he receives from the Secretary of State or from Nevada s central repository of criminal records. 63 May a person whose name has been removed because of a felony conviction restore his/her right to vote? In Nevada, rights-restoration depends on the kind of felony conviction, and the date and manner in which the sentence was completed. People with misdemeanor convictions do NOT lose the right to vote. Prior to July, 2003: If a person was convicted of any kind of felony (violent or non-violent) and completed his/her sentence before July, 2003, his/her voting rights should have been automatically restored upon successful completion of parole or upon request for restoration. In order to vote, s/he must still re-register. After July, 2003: If a person was convicted of a felony after July, 2003, or completed his/her sentence after this date, it depends on the kind of felony. Non-violent felonies: A person s right to vote is immediately restored if s/he has been convicted of one non-violent felony (or multiple non-violent felonies arising from the same act), and s/he has been honorably discharged from parole or probation or served his/her complete sentence. 64 When the individual is honorably discharged or completes his/her sentence, s/he should receive a document showing that his/her civil rights have been restored. Individuals in this situation must re-register to vote. In order to do so, the individual must present satisfactory evidence that his/her: Conviction has been overturned; or Civil rights have been restored. 65 Violent felonies: A person s rights will not be restored upon completion of his/her sentence if s/he was convicted of multiple non-violent felonies (arising from different acts), or of a violent felony such as: A Category A felony, or A Category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim. 66 A person in the above categories must petition the courts for the restoration of his/her civil rights. Category A offenses include, but are not limited to: first or second degree murder, attempted murder, first degree kidnapping, sexual assault, sexual abuse of a child under 14, and a second offense for possession of child Nevada Voter Protection Laws in a Nutshell, 2012 19
pornography. Category B offenses include, but are not limited to: voluntary manslaughter, mayhem, second degree kidnapping, robbery, battery that results in substantial bodily harm, fighting with a deadly weapon, trafficking in persons, assault with a deadly weapon, false imprisonment, a second offense of elder abuse, and aggravated stalking. 67 Federal convictions: A person who has been convicted of a felony in federal court must get a presidential pardon in order to have his/her voting rights restored. 68 Out of State: A person who was convicted of a felony in another state must have their voting rights restored in that state, even if there is no official restoration process in that state. 69 Dishonorable discharge: A person who has been dishonorably discharged from probation or parole can have his/her voting rights restored if s/he: Files an application to change his/her status with the Division of Parole and Probation, and they decide to change your status, and Pays any fees charged by the Division of Parole and Probation. 70 What may a voter do if s/he learns that his/her name has been removed from the registered voter list in error? As soon as a voter discovers that his/her name does not appear on the list of registered voters for the county in which s/he resides, the voter should contact his/her local County Clerk s office immediately and find out why his/her name is missing. If the County Clerk finds that the registration of a voter was cancelled by mistake, the County Clerk must re-register the voter or allow the voter to vote on Election Day. 71 Any voter may bring an action in a district court to compel the County Clerk to enter the name of a voter into the registry of voters. 72 Who may obtain a list of registered voters? Anyone. The statewide voter registration database 73 called NevVoter is publicly accessible through the Nevada Office of the Secretary of State and available in either hard copy or by a variety of electronic formats. NevVoter is accessible to the public; however, the Office of the Secretary of State retains full authority in granting, denying, or revoking access at any time, in accordance with applicable local, state and federal law or regulations. 74 Nevada Voter Protection Laws in a Nutshell, 2012 20
ABSENTEE VOTING Who is permitted to vote by absent ballot? Any voter in Nevada may vote with an absentee ballot as long as s/he75: Provided a form of identification or valid proof of residence to the County Clerk/Registrar; or Provided a valid Driver's License number or the last 4 digits of his/her Social Security Number at the time s/he registered to vote; or Is in the military or overseas; or Gets the absent ballot request form notarized; or Requests an absent ballot in person at the office of the County Clerk/Registrar. How may a person request an absent ballot? A registered voter must request a new absent ballot every year that s/he wishes to vote absentee. S/he must request the ballot before 5:00 p.m. on October 30th, 2012.76 This request can be made in person or by mail. You can download the request form online at: https://nvsos.gov/index.aspx?page=77 All absent ballots must be received by 7 p.m. on Election Day in order to be counted. First-time voters must submit an acceptable form of ID along with their absent ballot request. See Section III for appropriate forms of ID. What is the deadline for requesting an absent ballot? For registered voters, the deadline is October 30, 2012. For citizens not registered to vote, the postmark deadline to request an absent ballot by mail (as part of your registration to vote) is October 6, 2012, and is October 16, 2012 if the request is made in-person. For overseas and military members, the deadline to request an absent ballot by mail is October 6, 2012. Nevada Voter Protection Laws in a Nutshell, 2012 21
Can a voter receive assistance in requesting and casting an absent ballot? Yes. Another person can assist in requesting and marking an absent ballot 77 provided that the voter who needs assistance swears in writing, under penalty of perjury, in an Affidavit of Voter Assistance that: The voter is visually impaired, physically disabled, and/or cannot read or write English; and The assistant is not the voter s employer or employer s agent or a representative of any labor organization to which s/he belongs. 78 There are also additional allowances for a voter who, because of a physical disability, is unable to sign or mark a ballot or use a voting device without assistance. Such a voter can submit a written request for an absent ballot or designate a person who will assist him/her. 79 What if a voter missed the deadline for requesting an absentee ballot? Can a voter receive one due to an emergency? Yes. If a voter missed the deadline for requesting an absentee ballot, s/he may request an Emergency Ballot. This can only be requested if the voter experiences a sudden illness or is suddenly called away from home. The emergency must occur after the deadline to submit an absentee ballot request and be so severe as to not allow the voter to vote in-person on Election Day or at early voting. 80 Such a request may be made between October 31, 2012 and 5:00 p.m. on November 6, 2012. Voters who need to vote via Emergency Ballots may request an Emergency Ballot by calling 702-455-6552. What are the situations for using an Emergency Ballot with or through a representative? An Emergency Ballot will be issued to a voter s authorized representative only if the voter was suddenly hospitalized or became seriously ill, or is suddenly called away from home, 81 and meets all of the following criteria: The illness, hospitalization, or absence occurs after the last day for requesting a absent ballot; The voter cannot go to an early voting site or the period for early voting has ended; The voter cannot go to the polls on Election Day; and The voter can provide facts sufficient to establish the emergency. Can a first-time voter cast an absent ballot? Nevada Voter Protection Laws in a Nutshell, 2012 22
Yes. A first-time voter can vote via absent ballot provided that the first-time voter submits a copy of a current and valid photo identification of the person. See Section III: ID Requirements. If none of these forms of identification is sent with the absent ballot, the first-time voter must submit a copy of his/her identification to the Election Department by 5:00 p.m. on the Friday after Election Day, November 9, 2012, or the ballot will not be counted. 82 How should a voter cast an absent ballot to ensure that it will be counted? After marking his/her ballot, the voter must: (a) Place it in the identification envelope; (b) Affix his/her signature on the back of the envelope; and (c) Return it to the office of the County Clerk. A person designated by the registered voter to obtain, deliver, and return the ballot for the registered voter may mark and sign the absent ballot, indicating that s/he has been authorized to do so. 83 When is the deadline for casting the absent ballot? The absent ballot must be received by County Clerk s office by 7:00 p.m. on Election Day. When will absent ballots be counted? Absent ballots are counted each day, beginning no earlier than four working days before Election Day through Election Day. Absent ballots are counted separately from regular returns of the precinct and are counted in public. 84 What should a person do if s/he requested an absent ballot but wants to vote in person on Election Day? If an absentee voter who has requested a ballot by mail shows up to vote in person, s/he must either deliver a completed absent ballot in person, or surrender the unvoted ballot before voting in person. However, some counties limit where voters who requested absent ballots may vote on Election Day. For example, in Clark County, most voters who requested an absent ballot may vote in person at any early voting site or at her/his Election Day polling place. However, a Clark County voter who resides in a mailing precinct and has requested an absent ballot and then decides to vote in person may only vote at the Clark County Election s Department Office. 85 Nevada Voter Protection Laws in a Nutshell, 2012 23
If an absentee voter who has requested a ballot shows up to vote in person and the voter does not have the absent 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. 86 Does Nevada allow early voting? Yes, Nevada allows early voting, but the County Clerks can determine if early voting is practical in each county. Any person entitled to vote early by personal appearance may do so at any polling place for early voting. 87 If a County Clerk decides to allow for early voting, the period for early voting in permanent polling places begins October 20, 2012 and ends on November 2, 2012. 88 This is the schedule for permanent polling places for early voting: Mondays through Fridays: o During the first week of early voting, from 8 a.m. until 6 p.m. o During the second week of early voting, from 8 a.m. until 6 p.m. or 8 p.m. On Saturdays: for at least four hours between 10 a.m. until 6 p.m. If the County Clerk includes a Sunday that falls within the period for early voting, s/he may establish the hours of operation. 89 County Clerks must advise the community of the locations and schedules for early voting by publishing such information in a newspaper of general circulation during the week before the period for early voting and at least once each week during the early voting period. This information must be posted no later than the fifth day before the first day of the early voting period and remain posted until the last day of the early voting period. What is the procedure for early voting? When the voter appears at the polls for early voting, the early voting official will: (i) Determine that the person is a registered voter in the county; (ii) Instruct the voter to sign the roster for early voting; and (iii) Verify the signature of the voter against that contained on the original application to register to vote, the card issued to the voter at the time of registration, or some other piece of official identification. 90 When an early voter s eligibility is established, s/he will receive the appropriate ballot. Votes cast during early voting are counted after 8 a.m. on Election Day. Nevada Voter Protection Laws in a Nutshell, 2012 24
The returns for early voting must not be reported until after the polls have closed on Election Day. The returns for early voting must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of the voter s ballot.91 POLLING PLACE LOCATIONS AND PROCEDURES For how long are the polls open on Election Day? The polls must open at 7:00 a.m. and remain open until 7:00 p.m.92 If there are registered voters in line to vote at the time the polls are scheduled to close, the polls must remain open until all of those voters have cast their ballots.93 When is the final list of polling place locations made available to the public? The final list of polling place locations is made available to the public on or before the third Wednesday in March of every even-numbered year. The County Clerk will also establish election precincts and boundaries.94 How and when will voters be notified about polling place changes? Before the period for early voting (October 20, 2012 to November 2, 2012), the County Clerk will mail to each registered voter in the county a sample ballot for his/her precinct with a notice informing the voter of the location of his/her polling place. If the location of the polling place has changed since the last election: (a) the County Clerk will mail a notice of the change to each registered voter in the county not sooner than October 10, 2012; or (b) the sample ballot must also include a notice in bold type immediately above the location, which states: NOTICE: THE LOCATION OF YOUR POLLING PLACE HAS CHANGED SINCE THE LAST ELECTION.95 How are decisions about polling place locations made? The County Clerk may designate any building or any portion of a building as a polling site and any number of polling places for any of the precincts or districts in the county. If the Clerk decides it would be more convenient for voters to have multiple polling places in one building, or save the county money by combining precincts into one location, s/he may do so. Nevada Voter Protection Laws in a Nutshell, 2012 25