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Nevada elections office adopts three regulations on complaints, voter list maintenance and postmarks; rules head to Legislative Commission
Summary
The Nevada Secretary of State's Elections Division adopted three proposed regulations (R031‑25, R042‑25, R088‑25) that clarify complaint procedures (including non‑HAVA notarization), voter‑list inactivation notices, and when mail ballots without visible postmarks may be deemed timely. All measures will be forwarded to the Legislative Commission on Feb. 26.
The Nevada Secretary of State's Elections Division on an adoption hearing approved three proposed regulations that the office says will refine how election complaints are handled, how county clerks maintain voter rolls, and how mail‑in ballot postmarks are evaluated.
Deputy Secretary of State for Elections Mark Velasquez opened the hearing and said the rules are intended to increase security, transparency and accessibility while aligning regulatory text with existing statutes and recent case law. "We confirmed ... non‑HAVA complaints will not require a notary," Velasquez said, addressing written comments received in advance of the hearing.
Why it matters: The three adopted changes affect how individuals file complaints with the Secretary of State, how counties notify voters before designating them inactive, and how clerks treat ballots that arrive shortly after Election Day without a legible postmark. The office said the changes preserve statutory protections while using available USPS scanned/barcode data to determine mailing dates when postmarks are missing.
Key actions and outcomes - R031‑25 (compliance/complaint procedures): Adopted. The regulation codifies the office's complaint review process (including the Election Integrity Violation Report or EIVR) and retains HAVA's notarization requirement for Title 3 complaints while confirming other, non‑HAVA complaint filings processed through EIVR will not require notarization. Velasquez said the office will amend language that previously allowed a complaint to be deemed "uncooperative" by instead pointing to statutory definitions of abuse. The office read the digest on the record and announced the adoption and referral to the Legislative Commission.
- R042‑25 (voter list maintenance/inactivation): Adopted. The rule requires county clerks to mail written notices (and in some odd‑numbered years mail voter registration cards) to registered voters whose ballots are returned as undeliverable, clarifies circumstances when a registration may be canceled (death, felony incarceration, or voter request), and distinguishes inactivation from cancellation. Velasquez stressed inactive status does not cancel the right to vote in person.
- R088‑25 (postmark rules/mail ballots): Adopted. The regulation will be amended to align with a Nevada Supreme Court interpretation and clarifies that clerks may use USPS physical postmarks or barcode/scanned postal information to determine whether a mail ballot was mailed on or before Election Day; a ballot received by 5 p.m. on the third day after the election may be deemed timely when postmark date cannot be determined but barcode/scanned data indicate timely mailing.
Public comment and office response Two callers provided public comment. Ellen Gifford described a long delay in a public records request to the Secretary of State's office—she recited a sequence of extensions from December 2023 through a memorandum requesting extension to March 20, 2026. Separately, Katrin Ivanoff said allowing ballots without visible postmarks to be counted up to three days after the election "creates a situation that people can cheat," and urged requiring clearer evidence of mailing dates.
Velasquez responded to the concerns about postmarks and ballot validation, saying the state's process includes barcode scanning and signature verification; if a ballot lacks a postmark, clerks may use USPS scanned/barcode information to determine the date it entered postal possession. He reiterated that ballots postmarked by Election Day and received within the statutory window are accepted and that processes exist to detect duplicate voting and to initiate a cure process if signatures do not match.
Next steps Velasquez said the adoptions recorded at the hearing will be forwarded with the noted changes to the Nevada Legislative Commission for its meeting on Feb. 26 at 1 p.m. The office provided contact information and the legislative website for documents and agendas.
