1. The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.
2. Regulations for counting ballots must include provisions that:
(a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.
(b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.
(c) Only devices provided for in this chapter or chapter 293 or 293B of NRS may be used in marking ballots.
(d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.
(e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.
(Added to NRS by 1997, 3436; A 2001, 2040; 2007, 1181, 2617)
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