In Nevada, voters may need to cast provisional ballots when the County Clerk does not have sufficient information to determine whether the voter is eligible to vote. Nev. Rev. Stat. § 293.5832(3). There are two main types of provisional ballots: same-day registration (SDR) and Help America Vote Act (HAVA) ballots. See below. Additionally, some vote-by-mail ballots may be treated as provisional ballots. Nev. Rev. Stat. § 293.3083. When a voter casts a provisional ballot, that ballot is counted separately from regular ballots and only counted once the voter is determined to be eligible to vote. Nev. Rev. Stat. § 293.3084(1)-(2).
There are two types of provisional ballots in Nevada: same-day registration (SDR) ballots and Help America Vote Act (HAVA) ballots.
“Section 302 of the Help America Vote Act (HAVA) of 2002 establishes the right for a voter to cast a provisional ballot if their name is not listed on the registration list or the voter’s eligibility is challenged by an election official.” “Provisional Ballots” at 2. Individuals who are not listed on the registration list “will be first asked to register and vote through the” same-day registration process. "Provisional Ballot Voting.” A voter may also cast a provisional ballot if they are at the polling place after polls were scheduled to be closed but remain open due to court order. Nev. Rev. Stat. § 293.3081(3).
A same-day registration (SDR) provisional is a type of ballot given to voters who register to vote at the polling location right before voting. "Provisional Ballot Voting.”
Additionally, a mail ballot may be treated as a provisional ballot if the voter registers online or through the mail, does not provide adequate identification with their ballot, and completes a written affirmation. Nev. Rev. Stat. § 293.3083.
Each County Clerk has to come up with their own procedures, with approval from the Secretary of State, for checking to see if a provisional ballot is eligible to be counted, and to keep that ballot separate until that determination of eligibility is concluded. Nev. Rev. Stat. §§ 293.5872(1), 293.3084(1). The Secretary of State and the County Clerks share information to ensure that the voter has only voted once in the election. Nev. Rev. Stat. § 293.5872(2).
When a voter casts a HAVA provisional ballot, or a mail-in provisional ballot, then that ballot is set aside until the voter provides proper identification, by 5 p.m. on the Friday after the election at the latest. "Provisional Ballot Voting.”
When a voter casts an SDR ballot, that ballot is set aside until “a statewide report is run that compares the names and driver’s license/ID card numbers of all provisional voters to ensure only one ballot will be counted per voter. This report also compares all provisional voters to all of the in-person and by-mail voters whose ballots were already counted to ensure provisional voters have not already voted.” “Same-Day Registration.”
Provisional ballots are kept separately until they are verified. Nev. Rev. Stat. §§ 293.5872(1), 293.3084(1).
The County Clerk will, no sooner than 5 p.m. on the Friday after Election Day, post the total number of provisional votes counted and send those numbers to the Secretary of State. Nev. Admin. Code § 293.270(4). The County Clerk will send and post this updated info “in the same manner and form as election day results.” Nev. Admin. Code § 293.270(4).
The County Clerk will also send to the Secretary of State the number of provisional ballots cast and the reason they were cast. Nev. Rev. Stat. § 293.4695(1)(g)-(h). The Secretary of State will provide the County Clerk with a form to report this information. Nev. Rev. Stat. § 293.4695(1). In addition, the County Clerk will “provide the Secretary of State, in the format the Secretary of State prescribes, with all information on whether the provisional ballots cast by each person were counted and, if not, the reason why such a ballot was not counted.” Nev. Admin. Code § 293.280(2).
The County Clerk must count a provisional ballot if they determine that the voter was registered, eligible to vote, and given the appropriate ballot for their address. Nev. Rev. Stat. § 293.3085(3)(a). Additionally, the County Clerk must count a provisional ballot if the voter was required to provide identification to the County Clerk and did so by the deadline. Nev. Rev. Stat. § 293.3085(3)(b). A voter has until 5 p.m. on the Friday following the election to provide proper identification to the County Clerk. Nev. Rev. Stat. § 293.3085(3)(b). The deadline for a court to halt the counting of provisional ballots cast at polling locations instructed to stay open by judicial order is 5 p.m. on the Friday following the election. Nev. Rev. Stat. § 293.3085(3)(c).