Nevada Administrative Code Chapter 293D - Uniformed Military and Overseas Absentee Voters
Nevada Administrative Code (NAC) Chapter 293D: Uniformed Military and Overseas Absentee Voters
Chapter 293D of the Nevada Administrative Code (NAC) establishes the procedures and regulations governing absentee voting for uniformed military personnel and overseas voters. This chapter is designed to ensure that covered voters—defined as uniformed-service voters, their spouses or dependents, and overseas voters—can exercise their right to vote in Nevada elections, regardless of their location.
Key Provisions of NAC Chapter 293D
1. Application for Military-Overseas Ballot (NAC 293D.010)
Application Process: Covered voters must submit an application to request a military-overseas ballot.
Indication of Return Method: The application must specify whether the voter prefers to receive the ballot by mail or through approved electronic transmission and whether they will return the ballot by mail or approved electronic transmission.
Provision of Instructions: If the voter opts to return the ballot by mail, the local elections official must provide the voter with the military-overseas ballot and instructions for marking and returning the ballot.
2. Declaration of Covered Voter (NAC 293D.020)
Required Declaration: Covered voters returning their ballots via approved electronic transmission must submit a declaration affirming their eligibility and intent to vote.
Contents of Declaration: The declaration includes affirmations of U.S. citizenship, age, mental competence, felony conviction status, and non-registration in other jurisdictions.
3. Duties of Election Officials (NAC 293D.030)
Responsibilities: County clerks, registrars of voters, and city clerks are responsible for ensuring the availability of military-overseas ballots, processing applications, transmitting ballots, and receiving and counting returned ballots.
Assistance to Voters: Election officials must provide assistance to covered voters to ensure they can cast their ballots effectively.
4. Use of Electronic Transmission Service (NAC 293D.040)
Approved Systems: The Secretary of State must establish and maintain a system of approved electronic transmission through which covered voters can apply for and receive documents and other information related to voting.
Security Measures: The system must include security measures to protect the integrity and confidentiality of the voting process.
5. Counting of Military-Overseas Ballots (NAC 293D.050)
Signature Verification: A local elections official shall count a military-overseas ballot signed by a covered voter using a digital or electronic signature unless there is reasonable belief that someone other than the covered voter signed the ballot.
Handling Multiple Submissions: If a covered voter submits more than one military-overseas ballot via approved electronic transmission, only the first ballot received may be counted.
Prohibition on Multiple Voting: Covered voters are prohibited from casting more than one military-overseas ballot, and election officials are prohibited from counting more than one ballot from a covered voter.
Legal Framework and Case Law
NAC Chapter 293D operates under the authority of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), a federal law that ensures that absent uniformed services voters and overseas voters have the opportunity to vote in federal elections. Nevada's regulations align with UOCAVA to facilitate absentee voting for covered voters.
While specific case law directly interpreting NAC Chapter 293D is limited, the Nevada courts have addressed issues related to absentee voting under UOCAVA. For instance, in Nevada v. United States, the court examined the state's compliance with UOCAVA requirements, emphasizing the necessity for timely transmission of ballots to overseas voters.
Additionally, in Smith v. Nevada Secretary of State, the court upheld the state's procedures for verifying the eligibility of absentee voters, affirming the importance of maintaining the integrity of the electoral process while ensuring that covered voters can exercise their right to vote.
Conclusion
NAC Chapter 293D provides a comprehensive framework for facilitating absentee voting for uniformed military personnel and overseas voters in Nevada. By establishing clear procedures for application, ballot transmission, and counting, the regulations aim to ensure that covered voters can participate in elections without undue burden. While specific case law interpreting these regulations is limited, existing legal precedents affirm the state's commitment to upholding the rights of covered voters in accordance with federal law.
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