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name of each and every candidate whose name has been certified to, or filed with him, as provided in this act. Ballots other than those printed, as provided in this act, shall not be cast, or counted in any election. All ballots shall be printed on tinted paper, furnished by the secretary of state. It shall be the duty of the secretary of state to obtain, and keep on hand, a sufficient supply of such paper for ballots, and to furnish the same in quantities ordered to any county clerk. Said paper shall be watermarked with a design furnished by the secretary of state, in such manner that the said watermark shall be plainly discernible on the outside of such ballot when properly folded. Such design shall be changed for each general election, and the same design shall not be used again at any general election within the space of eight years, but at any special or separate local election paper marked with the design used at any previous election may be used.
Regarding ballots and printing, see secs. 1779, 1780, 1833, 1857, 1864..
1844. Ballots, how made-What to contain-Questions other than the election of officers.
SEC. 12. On each ballot a perforated line shall extend from top to bottom, one-half inch from the right-hand side of such ballot, and upon the halfinch strip thus formed there shall be no writing or printing, except the number of the ballot, which shall be upon the back of the strip in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. Where the names of candidates are printed in separate columns, the columns shall be separated by heavy rules, and on all ballots the names of candidates shall be separated by a rule extending to the extreme right of the column. All ballots shall contain the name of each and every candidate whose nomination for any office specified in the ballot has been certified to and filed according to the provisions of this act, and no other name. The names of the candidates for each office shall be arranged under the designation of the office in alphabetical order, according to surname, except that the names of candidates for presidential electors shall be arranged in groups as presented in the several certificates of nomination, and the names of the candidates for president and vice-president shall precede the proper groups of presidential electors; the political designation of each candidate shall be printed opposite his name. There shall be left at the end of the list of candidates for each office one blank space to be used when substituting names to fill vacancies. There shall be a margin at the righthand side of the names at least one-half inch wide, so that the voter may clearly indicate in the way hereinafter described the candidate or candidates for whom he wishes to vote. Whenever any question is to be submitted to the vote of the people, it shall be printed upon the ballot in such manner as to enable the electors to vote upon the question in the manner hereinafter provided. There shall be printed on the ballots opposite the designation of each office such words as will aid the voter to indicate his choice of candidates, such as "vote for one," "vote for three," and the like.
See sec. 1897 regarding candidates for United States senator.
Cited, Sweeney v. Hjul, 23 Nev. 427 (48 P. 1036).
1845. Number of ballots and how bound.
SEC. 13. All ballots when printed shall be bound in stub-books of five, ten, twenty-five, fifty and one hundred ballots each. A record of the number of ballots printed for them shall be kept by the respective county clerks. As amended, Stats. 1899, 100.
Cited, Sweeney v. Hjul, 23 Nev. 427 (48 P. 1036).
1846. Number per registered voter.
SEC. 14. The county clerks shall provide for each election precinct in the county at least two ballots for each voter registered therein, and not more than five ballots in excess thereof. As amended, Stats. 1899, 100.
1847. Error in or omission of name-How corrected.
SEC. 15. Whenever it shall appear, by affidavit, that an error or omission has occurred in the publication of the name or description of any of the candidates nominated, or in the printing of the ballots, any member of the board of county commissioners, upon application by any voter, shall issue an order requiring the county clerk to correct such error.
1848. New election may be held.
SEC. 16. Before the opening of the polls, at any election, the county clerk shall cause to be delivered to the board of election of each election precinct in his county the proper number of tickets of the kind to be used in the election precinct. In case of prevention of an election in any precinct by reason of the loss or destruction of the ballots intended for that precinct, or for any other cause, the inspector or other election officer for the precinct shall make an affidavit setting forth the fact and transmit it to the governor of the state. Upon receipt of such affidavit, and upon the application of any candidate for any office to be voted for by the voters of such precinct, the governor shall order a new election in such precinct.
Cited, State ex rel. McMillan v. Sadler, 25 Nev. 191 (58 P. 284, 59 P. 546, 63 P. 128). 1849. How ballots to be furnished to voters.
SEC. 17. At the same time and in the same manner as inspectors and judges of election are now appointed in the state, there shall be appointed two clerks of election, who shall have charge of the ballots on election day, and shall furnish them to the voters in the manner hereinafter provided for. Said clerks of election shall possess the same qualifications, and receive the same compensation as inspectors of election. Said clerks shall be selected from the political parties which polled the largest and the next largest votes in the precinct at the last preceding general election.
1850. Booths, how provided.
SEC. 18. The board of county commissioners shall provide, at each pollingplace within the county, a sufficient number of places, booths or compartments, in which voters may conveniently mark their ballots, so that in the marking thereof they may be screened from the observation of others, and a guard rail shall be so placed that only such persons as are inside said rail can approach within six feet of the ballot-box, and of such booths or compartments. The arrangements shall be such that neither the ballot-box nor the booths or compartments shall be hidden from the view of those just outside the guard rail. The number of such booths or compartments shall be not less than one for each fifty or fraction of fifty voters registered in the precinct. Each of said booths or compartments shall be kept provided with proper supplies and conveniences for marking ballots. No person, other than voters engaged in receiving, preparing or depositing their ballots, shall be permitted inside said guard rail during the time the polls are open, except by authority of the board of election, and in that case only for the purpose of keeping order and enforcing the law.
1851. How elector shall vote.
SEC. 19. Any person desiring to vote shall give his name and address to one of the clerks of election, who shall announce the same, and if the other clerk shall find the name upon the registry list he shall repeat the name and address. One ballot shall then be given to the voter, and the number of the
said ballot shall be written by one of the clerks of election upon the registry list opposite the name of the voter receiving it.
See sec. 1780.
Certain electors may vote upon presentation of certificate and affidavit without being upon the register, under sec. 1714, as amended in 1911.
Cited, Sweeney v. Hjul, 23 Nev. 427 (48 P. 1036).
1852. Regulations as to voting.
SEC. 20. On receiving his ballot the voter shall immediately retire alone to one of the places, booth or compartments. He shall prepare his ballot by stamping a cross or X in the square, and in no other place, after the name of the person for whom he intends to vote for each office. In case of a constitutional amendment or other question submitted to the voters the cross or X shall be placed after the answer which he desires to give. Such stamping shall be done only with a stamp in black ink, which stamp, ink and inkpad shall be furnished in sufficient number by the county clerk for each election precinct in the county. Before leaving the booth or compartment the voter shall fold his ballot in such a manner that the watermark and the number of the ballot shall appear on the outside, without exposing the stamps upon the ballot, and shall keep it so folded until he has voted. Having folded his ballot, the voter shall deliver it with the stamp, ink and inkpad to the inspector, who shall announce the name of the voter and the number of his ballot. The clerk having the registry list in charge, if he finds the number to agree with the number of the ballot delivered to the voter, shall repeat the name and number, and shall mark opposite the name, the word "voted." The inspector shall then separate the strip bearing the number from the ballot, and shall deposit the ballot in the ballot-box. Said strip and number shall be immediately destroyed. As amended, Stats. 1901, 112.
Cited, Sweeney v. Hjul, 23 Nev. 427 (48 P. 1036).
Cited, Dennis v. Caughlin, 22 Nev. 453 (58 A. S. 761, 29 L. R. A. 731, 41 P. 768).
suider v. Turner, 30 Nev. 155, 160, 162 (133)
A ballot having the appearance of an attempt to make a second impression of the stamp to make it clearer, or to rectify some defect, is valid, though the second stamping does not exactly cover the first. Idem.
A ballot first marked with a cross with
1853. Occupation of booth.
a corner of the stamp and then marked with a proper stamp beside the illegal one, was held illegal. Idem.
Instead of trying to rectify a mistake in marking the ballot, the voter should return it to the election officers and obtain a new one. Idem.
A ballot is unobjectionable, though some of the crosses stamped on it are imperfect. Idem.
SEC. 21. But one person shall occupy any one booth or compartment at one time, and no person shall remain in a booth or compartment longer than may be necessary to prepare his ballot, and in no case longer than ten minutes. As amended, Stats. 1893, 114.
1854. Spoiled ballots, how treated.
SEC. 22. Any voter who shall accidentally spoil a ballot may return such spoiled ballot to the clerks of election, and receive another one in its place. All the ballots thus returned shall be immediately canceled, by writing the word canceled across the face of the ballot, and, with those not distributed to the voters, shall be returned with the election returns. A voter who does not vote the ballot delivered to him shall, before leaving the space inside the guard rail, return such ballot to the clerks, who shall immediately cancel the same and return it in the same manner as a spoiled ballot. The clerks of election shall account for the ballots delivered to them, by returning a sufficient number of unused and spoiled ballots to make up, when added to the number of official ballots cast, the number of ballots delivered to them.
1855. Physical disability-Assistance.
SEC. 23. A voter who declares under oath that, by reason of physical disability, he is unable to mark his ballot, shall at his request be permitted to receive the assistance, in such marking, of an elector, other than any election officer, but no person shall be permitted to go inside the guard rail as an assistant to more than one voter.
1856. Ballot not deposited, when.
SEC. 24. No ballot shall be deposited in the ballot-box unless the watermark, as herein before provided, appears thereon, and unless the slip containing the number of the ballot has been removed therefrom by the inspector. Cited, Sweeney v. Hjul, 23 Nev. 428 (48 P. 1036); Lynip v. Buckner, 22 Nev. 443 (30 L. R. A. 354, 41 P. 762).
1857. Sample ballots-Instructions to voters.
SEC. 25. The county clerk shall cause to be printed on plain white paper, without watermark or endorsement, except the words "sample ballot," at least as many copies of the form of ballot provided for use in each precinct as there shall be registered voters in any election precinct. And said county clerk shall furnish to each board of election, as many sample ballots as there shall be registered voters in said precinct, and on election day, the board of election shall furnish each voter on application one such sample ballot. Said county clerk shall also cause to be printed in plain type on cards, instructions for the guidance of voters for obtaining and marking their ballots. He shall furnish twelve such cards to the board of elections of each election precinct in the county, at the time and in the manner that ballots and sample ballots are furnished. The board of election shall post at least one of such cards in each booth provided for the preparation of ballots, and not less than three of such cards at other public places in and about the polling-places on the day of election. There shall be printed on such cards sections 27, 28, 29 and 30 of this act. As amended, Stats. 1899, 100.
See secs. 1779, 1780, 1833, 1857 and 1864.
1858. Irregular ballots thrown out.
SEC. 26. In counting the votes any ballots not bearing the watermark. as provided in this act, shall not be counted, but such ballot must be preserved and returned with the other ballots. When a voter marks more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the voter's choice for any office, his vote for such office shall not be counted. Any ballot upon which appears names, words or marks written or printed, except as in this act provided, shall not be counted.
See secs. 1513, 1786.
Where inspectors fail to remove strips containing the numbers from the ballots before placing them in the ballot box, but it satisfactorily appeared that this was done through an innocent mistake and that it was not and could not have been used for purposes of bribery or intimidation, this fact should not have caused the rejection of the ballots. (Belknap, J., dissenting.) Lynip v. Buckner, 22 Nev. 426, 446 (30 L. R. A. 354, 41 P. 762).
all ballots containing distinguishing marks. but marks satisfactorily appearing to have been inadvertently or accidentally made, and not for an evil purpose, should not be construed as identifying or distinguishing marks. Dennis v. Caughlin, 22 Nev. 447, 457 (58 A. S. 761, 29 L. R. A. 731, 41 P. 768). Sweeney v. Hjul, 23 Nev. 409 (48 P. 1036). Examples of distinguishing marks. Idem. State ex rel. McMillan v. Sadler, 25 Nev. 131 (58 P. 284, 59 P. 546, 63 P. 128).
One purpose of this law was to exclude 1859. False or fraudulent certificate of nomination-False oath and other acts deemed felony.
SEC. 27. Any person who shall falsely make or fraudulently deface or destroy any certificate of nomination or any part thereof, or file any certificate of nomination knowing the same or any part thereof to be false, or
suppress any certificate of nomination which has been duly filed, or any part thereof, or make use of, keep or furnish to others, except as in this act provided, any paper watermarked in imitation of ballot paper, or disclose to any person not engaged in the making, printing or distribution of ballots or ballot paper under the direction of the proper officer, the design of the watermark to be placed on the ballot paper, or print or be concerned in printing or have in his possession any imitation of an official ballot, or make any mark or indorsement on any ballot, or stub, by which the ballot can be distinguished from other ballots, or falsely swear that he is unable to mark his ballot by reason of physical disability, shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned in the state prison for a term not less than one year and not more than five years.
1860. Destruction of supplies.
SEC. 28. Any person who shall, during an election, remove or destroy any of the supplies or other conveniences placed in the booths or compartments, or shall, during an election, remove, tear down, or deface the cards of instruction posted, as prescribed by this act, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not less than fifty dollars, and not exceeding five hundred dollars, or by imprisonment in the county jail for a term not less than one month and not exceeding six months. 1861. Neglect of duty-Penalty.
SEC. 29. Any public officer, upon whom any duty is imposed by this act, who shall wilfully neglect or refuse to perform any such duty, shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned in the state prison for a term not less than one year and not exceeding five years.
1862. Various acts made misdemeanor.
SEC. 30. No person except a member of the board of election shall receive from any voter a ballot prepared by such voter. No person shall examine such ballot or solicit a voter to show the same. No person shall remove any ballot from any polling-place before the closing of the polls. No person shall apply for or receive a ballot at any election precinct other than the one on which he is entitled to vote. No person shall show his ballot to any person, after marking it, so as to reveal any of the names voted for. No person shall ask another within one hundred feet of the polling-place for whom he intends to vote. No voter shall receive a ballot from any other person than one of the clerks of election, nor shall any other person than a clerk of election deliver such ballot to such voter. No voter shall deliver to the board of election or to any member thereof any ballot other than the one received from a clerk of election. No voter shall place any mark upon his ballot by which it may afterwards be identified as the one voted by him. Any person violating any provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than fifty dollars, and not exceeding five hundred dollars, or by imprisonment in the county jail for a term not less than one month and not exceeding six months.
An Act supplementary to an act entitled "An act relating to elections and to more fully secure the secrecy of the ballot," approved March 13, 1891.
Approved March 18, 1901, 78
1863. Rejected ballots canvassed on separate sheet-Returns posted and transmitted.
SECTION 1. Before the close or final adjournment of any board of election in any voting precinct in this state, the inspectors shall canvass and count