Nevada Revised Statutes

Nev. Rev. Stat. § 293.3085 (2026)

Canvass and counting of provisional ballots

✓ current as of July 2026
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NRS 293.3085  Canvass and counting of provisional ballots.

      1.  Following each election, a canvass of the provisional ballots cast in the election must be conducted pursuant to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387.

      2.  The county and city clerk shall not:

      (a) Include any provisional ballot in the unofficial results reported on election night; or

      (b) Open any envelope containing a provisional ballot before 8 a.m. on the Wednesday following election day.

      3.  Except as otherwise provided in subsection 4, a provisional ballot must be counted if:

      (a) The county or city clerk determines that the person who cast the provisional ballot was registered to vote in the election, eligible to vote in the election and issued the appropriate ballot for the address at which the person resides;

      (b) A voter who failed to provide required identification at the polling place or with his or her mailed ballot provides the required identification to the county or city clerk not later than 5 p.m. on the Friday following election day; or

      (c) A court order has not been issued by 5 p.m. on the Friday following election day directing that provisional ballots cast pursuant to subsection 3 of NRS 293.3081 not be counted, and the provisional ballot was cast pursuant to subsection 3 of NRS 293.3081.

      4.  A provisional ballot must not be counted if the county or city clerk determines that the person who cast the provisional ballot cast the wrong ballot for the address at which the person resides.

      (Added to NRS by 2003, 2172)

     

Notes of Decisions
Cited in 2 cases, 2014–2020 · leading case: North Carolina State Conf. of the NAACP v. McCrory, 997 F. Supp. 2d 322 (M.D.N.C. 2014).
North Carolina State Conf. of the NAACP v. McCrory, 997 F. Supp. 2d 322 (M.D.N.C. 2014). “§ 32-1002(5)(e); Nev.Rev.Stat. § 293.3085(4); N.H.Rev.Stat.”
Dnc v. Katie Hobbs (9th Cir. 2020). “Nevada Nev. Rev. Stat. Ann. § 293.3085 (West 2019) (“A provisional ballot must not be counted if the county or city clerk determines that the person who cast the provisional ballot cast the wrong ballot for the address at which the person resides.”
— Nev. Rev. Stat. § 293.3085(4) — 1 case
North Carolina State Conf. of the NAACP v. McCrory, 997 F. Supp. 2d 322 (M.D.N.C. 2014). “§ 32-1002(5)(e); Nev.Rev.Stat. § 293.3085(4); N.H.Rev.Stat.”
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