In Nevada, challenges are primarily restricted to voters themselves rather than ballots. Nev. Rev. Stat. § 293.303. They are made by other voters and revolve around eligibility to vote. Nev. Rev. Stat. § 293.303. Since they are typically resolved immediately, they do not have a major impact on the post-election process.
There are three types of challenges, in person, in writing, and mail ballot.
Any registered voter of the precinct may challenge another voter orally on the grounds that the person is not the person who is entitled to vote, or that they have already voted in the same election. Nev. Rev. Stat. § 293.303(1)(a). The challenger must submit a written affirmation [1] that states that, under penalty of perjury, “the challenge is based on the personal knowledge of the registered voter.” Nev. Rev. Stat. § 293.303(1)(a). The Election Board Officer is supposed to verify that the challenger is in fact a registered voter of the same precinct and note that on the affirmation. “Election Procedures Manual” at 33. The challenger will mark on the form the grounds on which the voter is being challenged and write a statement explaining the challenge and include any evidence supporting the challenge. “Election Procedures Manual” at 33.
In response to this kind of challenge, the challenged voter must sign an affirmation that includes a description of the grounds for the challenge. They must also swear under perjury that the reason for the challenge is false. Nev. Rev. Stat. § 293.303(2). If the challenged voter chooses not to fill out the affirmation then, in most instances, they will not be given a ballot by the Election Board Officers, whereas if they do sign this affirmation they can vote normally. “Election Procedures Manual” at 33.
If the challenge is based on party registration, then the challenged voter will receive a ballot for the party they claim to belong to if they sign the affirmation, or a nonpartisan ballot if they do not sign the affirmation. “Election Procedures Manual” at 34.
If the challenge is based on the grounds of residency, then the challenged voter will only receive a ballot if they provide “satisfactory identification which contains proof of the address at which the person actually resides.” Nev. Rev. Stat. § 293.303(7). This does not apply if the voter has moved addresses within the same county. “Election Procedures Manual” at 34. If a voter does not sign the affirmation form then they are required to vote at a special polling place that contains ballots with only races that everyone in the county can vote on, regardless of precinct. “Election Procedures Manual” at 34. However, given that most counties in Nevada allow voters to vote at any polling location regardless of precinct, it is likely that challenged voters can obtain this ballot at any polling location and not a specially designated one. See, e.g., “Election Day Vote Centers.”
If the voter is challenged on the grounds that they have already voted in the same election, then they will receive a ballot if they sign the affirmation and will not receive a ballot if they do not sign. “Election Procedures Manual” at 34.
If a voter is challenged on the grounds that they are not who they claim to be and they sign the affirmation, then they must either provide proof of identification or a witness who is above 18 years old to affirm their identity in order to receive a full ballot. “Election Procedures Manual” at 34. If they can not produce proof of identification then they will receive a provisional ballot. “Election Procedures Manual” at 34; see Provisional Ballot Processing. If they do not sign the affirmation then they will receive no ballot. “Election Procedures Manual” at 34.
If Election Board Officers can call the county election office, the staff there can help resolve the challenge with information that is available to the County Clerk. Interview With a Washoe County Official (April 19, 2024).
The Election Board Officer is required to keep a “challenge list” where they will record: “(1) the name of the challenged person; (2) the name of the registered voter who initiated the challenge; and (3) the result of the challenge” and if possible, they will orally let the challenger know the outcome of the challenge. Nev. Rev. Stat. § 293.303(9)(a).
A written challenge can be filed with the County Clerk between 30 and 25 days before the election. Nev. Rev. Stat. § 293.547(1). To be eligible to send in a written challenge, the person submitting it must be a registered voter in the same precinct as the person they are challenging, and the challenge must be based on “personal knowledge.” Nev. Rev. Stat. § 293.547(2). “‘[P]ersonal knowledge’ means that the person who files the challenge has firsthand knowledge through experience or observation of the facts upon each ground that the challenge is based.” Nev. Admin. Code § 293.416(3).
Written challenges must be submitted on a form provided by the Secretary of State. “Election Procedures Manual” at 33. The challenge must have certain personal information about both the challenger and the person being challenged. Nev. Admin. Code §§ 293.416(1)(c)(1)-(5). The challenge must also have a statement of facts describing the grounds that the challenge is based on. Nev. Admin. Code § 293.416(1)(c)(6). Neither statute nor guidance mentions what grounds are allowed for a written challenge, however, presumably they are the same as for an in-person challenge.
The County Clerk will notify the challenged voter of their rights and responsibilities, and notify the District Attorney of the challenge. Nev. Rev. Stat. § 293.547(5)(b)-(c). The District Attorney will investigate the challenge within 14 days. Nev. Rev. Stat. § 293.547(6). As a result, this type of challenge will be resolved before any ballots are cast and will not affect tabulation or certification.
While not universally adopted language, a mail ballot can be considered to be “challenged” when it is returned without a signature or if the signature does not match. “Ballot Curing and Signature Verification.” For more information about mail ballot processing see Tabulation.