Overview

The Governor of Nevada has the power to declare emergencies and is charged with carrying out emergency provisions under Nevada law. Nev. Rev. Stat. §§ 414.060-070. The Legislature can also declare an emergency by resolution. Nev. Rev. Stat. § 414.070.  Nevada statute, however, does not have any provisions directly related to vote counting in an emergency. Additionally, County Clerks and the Secretary of State have the ability to create additional vote centers in an emergency. Nev. Rev. Stat. § 293.3073(3).

Additional Polling Places

The only explicit mention of emergency powers related to elections is regarding the opening of additional polling places, which needs approval by the Secretary of State. Nev. Rev. Stat. § 293.3073(3). These polling places would serve as vote centers where anyone in the county would be eligible to vote, regardless of the precinct they live in. Nev. Rev. Stat. § 293.3073(3). As vote centers are established by County Clerks, it appears that they would have to request additional vote centers in an emergency. Nev. Rev. Stat. § 293.3072(1). In emergencies caused by natural disasters, polling places do not have to abide by statutory requirements for accessibility for the elderly or voters with disabilities. Nev. Rev. Stat. § 293.2955(2).

Additionally, in an emergency, “the Secretary of State may order one or more polling places to be used to accommodate voters who are unable to vote at their polling places due to the emergency.” Nev. Admin. Code § 293.321(2). Since most counties use vote centers, where anyone can vote, as opposed to polling locations based on precincts, it is unclear how this regulation would work in practice in those counties.

Mail Ballot Plan

Prior to 90 days before an election, County Clerks must submit a plan to the Secretary of State regarding the “disposition of mail ballots” in the event of an emergency. Nev. Admin. Code § 293.321(1).