Nev. Rev. Stat. » NRS: CHAPTER 293 - ELECTIONS
Nevada Revised Statutes

Nev. Rev. Stat. § 293.367 (2026)

Standards for rejecting ballots for appearance of tampering; regulations for counting ballots

✓ current as of July 2026
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NRS 293.367  Standards for rejecting ballots for appearance of tampering; regulations for counting 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.

      (Added to NRS by 1960, 260; A 1961, 291; 1967, 849; 1975, 939; 1979, 266; 1985, 1096; 1987, 347; 1995, 2782; 1997, 3461; 2001, 2030; 2007, 1161, 2597)

     

Notes of Decisions
Cited in 2 cases, 1962–2000 · leading case: Bush v. Gore, 531 U.S. 98 (2000).
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Bush v. Gore, 531 U.S. 98 (2000). · cites it 2× “§ 13-15-202 (1997) (not counting votes if "elector's choice cannot be determined"); Nev. Rev. Stat. § 293.367 (d) (1995); N. Y.”
Beko v. Kelly, 376 P.2d 429 (Nev. 1962). “The statement of contest then shows resolutions passed by the board of county commissioners in which such board ordered that it unanimously disapproved the rejection of the 67 ballots from Mercury voting precinct, for the reason that such rejection was contrary to the provision…”
— Nev. Rev. Stat. § 293.367(6) — 1 case
Beko v. Kelly, 376 P.2d 429 (Nev. 1962). “The statement of contest then shows resolutions passed by the board of county commissioners in which such board ordered that it unanimously disapproved the rejection of the 67 ballots from Mercury voting precinct, for the reason that such rejection was contrary to the provision…”
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