Nevada Administrative Code Chapter 298 - Presidential Electors and Elections
Nevada Administrative Code (NAC)
Chapter 298 — Presidential Electors and Elections
Overview:
Chapter 298 governs the procedures for presidential elections in Nevada, including the appointment of electors, certification of results, and responsibilities of election officials. The rules ensure uniformity, transparency, and compliance with both state and federal law regarding the Electoral College.
1. Definitions and General Provisions (NAC 298.010 – NAC 298.030)
Key points:
Defines terms such as “presidential elector,” “political party,” “electoral vote,” and “state canvass.”
Establishes the role of the Secretary of State in supervising presidential elections and coordinating with county election officials.
Provides rules for administrative procedures, deadlines, and recordkeeping.
Why it matters:
Clear definitions prevent ambiguity regarding who can serve as an elector, what constitutes official election actions, and the responsibilities of election officers.
2. Nomination of Presidential Electors (NAC 298.040 – NAC 298.070)
Key points:
Political parties may nominate electors through state conventions or other party procedures.
Nominees must meet eligibility requirements, such as being a registered voter in Nevada and not holding conflicting federal office.
Nomination deadlines must be met to ensure inclusion on the ballot.
Electors may be removed or replaced under specified party or legal procedures.
Why it matters:
This ensures that electors are properly vetted and legally qualified to cast electoral votes for president and vice president.
3. Ballot Procedures and Certification (NAC 298.080 – NAC 298.110)
Key points:
Election officials must certify the names of presidential electors on the ballot.
Rules govern the format, printing, and distribution of ballots to voters.
Provides procedures for correcting errors or omissions on the ballot.
Establishes deadlines for county clerks to submit certified results to the Secretary of State.
Why it matters:
Proper ballot procedures ensure voter clarity, reduce errors, and maintain the integrity of the election process.
4. Voting and Tabulation (NAC 298.120 – NAC 298.150)
Key points:
Rules govern how votes for presidential electors are cast and counted.
Establishes uniform methods for tabulating votes and reporting results at county and state levels.
Provides procedures for handling spoiled ballots or recounts.
Specifies how votes are certified before being transmitted to the Secretary of State.
Why it matters:
Accurate vote tabulation ensures that election results reflect the will of the voters and provides a foundation for the appointment of electors.
5. Appointment and Duties of Electors (NAC 298.160 – NAC 298.200)
Key points:
After the election, the Secretary of State certifies the winning electors for each political party.
Electors are responsible for casting votes for president and vice president in accordance with the state’s results.
Electors must meet on a designated day and place to formally vote and prepare certificates of votes.
Electors submit the certified votes to the Governor, Secretary of State, and Archivist of the United States.
Why it matters:
These rules ensure the proper and legal functioning of the Electoral College in Nevada. Electors carry out the state’s official choice for president and vice president.
6. Vacancies and Replacement of Electors (NAC 298.210 – NAC 298.230)
Key points:
If an elector resigns, dies, or becomes ineligible, the political party may appoint a replacement according to party rules.
The Secretary of State must be notified promptly of the change.
Replacement electors must meet the same qualifications as the original nominees.
Why it matters:
This ensures continuity and legality in casting electoral votes, preventing disruptions in the Electoral College process.
7. Recordkeeping and Reporting (NAC 298.240 – NAC 298.270)
Key points:
County and state officials must maintain detailed records of nominations, ballots, votes, and certification.
Records include election abstracts, certificates of electors, and correspondence related to the election.
Records must be available for public inspection to ensure transparency.
Why it matters:
Maintaining records ensures accountability, allows audits or reviews, and preserves historical election data.
8. Penalties and Enforcement (NAC 298.280 – NAC 298.300)
Key points:
Violations of election procedures, such as tampering with elector appointments or falsifying certifications, may result in civil or criminal penalties.
Election officers failing to comply with NAC rules may face disciplinary actions or removal.
Procedures exist for challenging election results or alleged violations in court.
Why it matters:
Enforcement provisions protect the integrity of the electoral process and ensure compliance with state and federal election laws.
✅ Summary of Key Rule Areas
| Rule Area | Main Purpose | Example “Case” |
|---|---|---|
| Definitions & General Provisions | Clarify roles and responsibilities | “Elector,” “political party,” “state canvass” |
| Nomination of Electors | Ensure legally qualified electors | Party nominations, eligibility requirements |
| Ballot Procedures | Accurate and clear voter choices | Certification, format, corrections |
| Voting & Tabulation | Proper counting and reporting | Tabulation, recount procedures |
| Appointment & Duties of Electors | Carry out Electoral College function | Certification, casting votes, submission |
| Vacancies & Replacement | Maintain continuity | Replacing deceased or ineligible electors |
| Recordkeeping & Reporting | Transparency and accountability | Election abstracts, certificates, correspondence |
| Penalties & Enforcement | Compliance and legality | Civil/criminal penalties, officer discipline |
RELATED Blog
comments