Nevada: Protections Against Intimidation of Voters and Election Workers

Written and published in partnership with All Voting is Local.

Voters in Nevada have the right to vote free from intimidation under federal and state law.¹ The federal protections that apply to all states are explained here. The following actions are specifically prohibited by Nevada law:

• Using or threatening to use any force, intimidation, coercion, violence, restraint, or undue influence in connection with an election.² 
• Exposing, publishing, or threatening to expose or publish information about another voter to pressure them to vote or not vote for a particular candidate or question.³ 
• Impeding or preventing a person from exercising their right to vote by abduction, duress, or fraud.⁴ 
• Remaining inside or outside a polling place so as to interfere with the conduct of an election.⁵
• Asking a person inside a polling place for their name, address, or political affiliation or for whom they intend to vote, unless asked by an election board officer in performing their official duties.⁶ 
• Electioneering inside a polling place or within 100 feet of a polling place or a ballot drop box.⁷ 

The information below addresses the laws and policies that serve as guardrails against specific threats of intimidation.

Voter Challenges

Although Nevada permits any registered voter to challenge the eligibility of another voter of the same precinct,⁸ state law also provides for some guardrails. For example, a challenger must submit an affirmation signed under penalty of perjury stating that the challenge is based on their firsthand, personal knowledge.⁹ When challenged, a voter may receive a ballot and vote if they swear an oath stating they are entitled to vote and, in the case of challenges questioning the voter’s identity or residence, provide identification.¹⁰ 

The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

• The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.¹¹ 
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.¹²

More information about the limitations and process for voter challenges in Nevada can be found here.

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, it is a felony in Nevada to use, threaten to use, or attempt to use any force, intimidation, coercion, violence, restraint, or undue influence with the intent to interfere with an election official’s performance of their duties or to retaliate against an election official for the performance of their duties. It is also a felony to disseminate any personal or sensitive information about an election official without their consent with the intent to cause bodily harm or stalking or with the knowledge or reckless disregard of the likelihood of causing such likely harm.¹³

Voter Intimidation by Poll Workers

Information about the rules and constraints on poll workers in Nevada can be found here.

Intimidation by Election Observers

In addition to Nevada’s voter intimidation laws detailed above, state law places limits on who may serve as a poll watcher (referred to as an “observer” in Nevada law) and what they may and may not do: 

• Any member of the general public, other than members of the press, may observe the conduct of voting at a polling place.¹⁴ 
• Observers may not electioneer inside or within the applicable 100-foot zone of a polling place, including a location designated for a ballot drop box.¹⁵  
• Observers are prohibited from talking to voters inside the polling place; using a cell phone or computer inside the polling place; arguing for or against or challenging any poll worker decisions; interfering with the conduct of voting; or advocating for or against a candidate, political party, or ballot question.¹⁶
• Before they can observe, observers must sign an acknowledgement that they will not engage in prohibited conduct and wear a name tag bearing their full name.¹⁷ 

Clerks may remove observers from a polling place for violating any election law or regulation. Clerks may also limit the number of observers in a polling place for reasons of public safety or to protect voter privacy or maintain order.¹⁸ 

Guns, Law Enforcement, and Federal Agents at Polling Places

Nevada prohibits firearms in certain locations frequently used as polling places such as schools and campuses of higher education.¹⁹ Firearms carried concealed are also prohibited in certain state and local government buildings.²⁰ 

Even in places where carrying a firearm is not expressly prohibited, doing so may constitute unlawful intimidation.²¹ Such conduct may consist of: 

• Carrying a visible firearm while near a polling location or at a drop box or vote-counting site,
• Displaying a concealed firearm during a discussion or argument with a voter or election worker, or
• Approaching a voter or election worker while displaying a firearm.

The city clerk may request that the chief law enforcement officer of the city appoint an officer or a deputized election board officer to preserve order at each polling place in the city—and for the central election board and the mail ballot central counting board—during voting and the closing of the polls.²² 

Federal law limits the presence of the military and other armed federal agents at polling places, however:

• It is a felony for any federal official to send troops or armed persons to a polling place, “unless such force [is] necessary to repel armed enemies of the United States.”²³
• It is a felony for a member of the military to intimidate voters or interfere with elections.²⁴

Door-to-Door Intimidation

• Nevada and federal law prohibit canvassing efforts that are used to intimidate voters.²⁵ Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials.