USA Statutes : nevada
Title : Title 24 - ELECTIONS
Chapter : CHAPTER 293B - MECHANICAL VOTING SYSTEMS
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 293B.027
, 293B.032 and 293B.033 have the meanings ascribed to them in those
sections.
(Added to NRS by 1975, 1522; A 1985, 1098; 1987, 357)
“Election board” means the
persons appointed by each county or city clerk to assist in the conduct
of an election.
(Added to NRS by 1981, 1742; A 1987, 357)
“Mechanical
recording device” means a device:
1. Which mechanically or electronically compiles a total of the
number of votes cast for each candidate and for or against each measure
voted on; or
2. To which a list of offices and candidates and the statements of
measures to be voted on may be affixed and into which a card may be
inserted so that the votes cast for each candidate and for or against
each measure may be indicated by punching the card with reference to the
list.
(Added to NRS by 1985, 1098)
“Mechanical
voting system” means a system of voting whereby a voter may cast his vote:
1. On a device which mechanically or electronically compiles a
total of the number of votes cast for each candidate and for or against
each measure voted on; or
2. By punching a card or marking a paper ballot which is
subsequently counted on an electronic tabulator, counting device or
computer.
(Added to NRS by 1985, 1098; A 1995, 2787)
At all statewide, county, city and district elections of any kind held
in this State, ballots or votes may be cast, registered, recorded and
counted by means of a mechanical voting system.
(Added to NRS by 1975, 1522; A 1985, 1099)
The
provisions of this chapter, not inconsistent with the provisions of a
city charter, apply to city elections.
(Added to NRS by 1997, 3470)
The provisions of all state laws relating to elections and
of any city charter or ordinance not inconsistent with the provisions of
this chapter apply to all elections in districts or precincts where
mechanical voting systems are used and to all elections where ballots are
counted at a central counting place.
(Added to NRS by 1975, 1522; A 1985, 1099)
Any provision of an
ordinance which conflicts with the provisions of this chapter does not
apply to the districts or precincts in which mechanical voting systems
are used, nor to conduct at a central counting place. All ordinances in
conflict with any of the provisions of this chapter are of no force or
effect in election districts or precincts where mechanical voting systems
are used, nor with respect to conduct at a central counting place.
(Added to NRS by 1975, 1523; A 1985, 1099)
REQUIREMENTS
No mechanical
voting system may be used in this State unless it meets or exceeds the
standards for voting systems established by the Federal Election
Commission pursuant to federal law.
(Added to NRS by 1993, 2199; A 2003, 2186 ; 2005, 1438 )
A mechanical voting system
must secure to the voter privacy and independence in the act of voting.
(Added to NRS by 1975, 1523; A 1985, 1099; 2003, 2187 )
A mechanical
voting system must provide facilities for voting for the candidates of as
many political parties or organizations as may make nominations, and for
or against measures.
(Added to NRS by 1975, 1523; A 1985, 1099)
A mechanical voting system must permit the voter to vote
for any person for any office for which he has the right to vote, but
none other, or indicate a vote against all candidates.
(Added to NRS by 1975, 1523; A 1985, 1099)
A mechanical voting
system must, except at primary elections, permit the voter to vote for
all the candidates of one party or in part for the candidates of one
party and in part for the candidates of one or more other parties.
(Added to NRS by 1975, 1523; A 1985, 1099; 1995, 2632)
Each
mechanical voting system must provide a record of the votes cast on that
system. The record must be printed on paper.
(Added to NRS by 1995, 2785)
1. A mechanical recording device which directly records votes
electronically must:
(a) Bear a number which identifies that mechanical recording device.
(b) Be equipped with a storage device which:
(1) Stores the ballots voted on the mechanical recording
device;
(2) Can be removed from the mechanical recording device for
the purpose of transporting the ballots stored therein to a central
counting place; and
(3) Bears the same number as the mechanical recording device.
(c) Be designed in such a manner that voted ballots may be stored
within the mechanical recording device and the storage device required
pursuant to paragraph (b) at the same time.
(d) Be capable of providing a record printed on paper of:
(1) Each ballot voted on the mechanical recording device; and
(2) The total number of votes recorded on the mechanical
recording device for each candidate and for or against each measure.
2. The paper record described in paragraph (d) of subsection 1
must:
(a) Be printed and made available for a manual audit, as necessary;
and
(b) Be printed and serve as an official record for a recount, as
necessary.
(Added to NRS by 1995, 2786; A 2003, 1657 , 2187 , 3516 )
A mechanical voting system must permit the voter to vote for as many
persons for an office as he is lawfully entitled to vote for, but no
more. If a voter casts more votes for an office than he is lawfully
entitled, the counting device or electronic computer must be programmed
so that those votes are not counted. The remainder of the voter’s ballot
must be counted if it is otherwise lawfully voted.
(Added to NRS by 1975, 1523; A 1985, 1099)
A mechanical
voting system must prevent the voter from voting for the same person more
than once for the same office.
(Added to NRS by 1975, 1523; A 1985, 1100)
A
mechanical voting system must permit the voter to vote for or against any
measure he may have the right to vote on, but none other.
(Added to NRS by 1975, 1523; A 1985, 1100)
A
mechanical recording device must correctly register or record, on the
voter’s ballot, all votes cast for any and all persons and for or against
any and all measures.
(Added to NRS by 1975, 1523; A 1985, 1100)
1. If a mechanical voting system is used whereby votes are cast by
punching a card:
(a) The cards to be used must have two detachable stubs.
(b) Each of the stubs attached to a particular card must bear the
number of that card.
(c) One of the stubs must be detached and given to the voter when
he returns his voted ballot, and the other stub must be retained by the
election board.
2. If a mechanical voting system is used whereby votes are
directly recorded electronically:
(a) A voting receipt which has two parts must be used.
(b) Each part of the voting receipt must bear the same number for
identification.
(c) One part of the voting receipt must be given to the voter when
he votes and the other part of the voting receipt must be retained by the
election board.
(Added to NRS by 1983, 1289; A 1985, 1100; 1995, 2787)
APPROVAL AND ADOPTION
The Secretary of State shall not approve any
mechanical voting system which does not meet or exceed the standards for
voting systems established by the Federal Election Commission pursuant to
federal law.
(Added to NRS by 1993, 2198; A 2005, 1438 )
1. The board of county commissioners of any county or the city
council or other governing body of any city may purchase and adopt for
use at elections any mechanical voting system and mechanical recording
device if the system or device is:
(a) Approved by the Secretary of State pursuant to subsection 2; or
(b) Specifically authorized by law.
Ê The system or device may be used at any or all elections held in the
county or city, for voting, registering and counting votes cast.
2. A person who owns or has an interest in a mechanical voting
system or mechanical recording device may submit an application to the
Secretary of State to have the system or device examined for approval for
use during the elections of this State. The Secretary of State shall
approve or disapprove the use of such a system or device not later than
120 days after the application is submitted.
3. As a condition to approval, the person shall have the system or
device independently examined by a person approved by the Secretary of
State. The examiner shall:
(a) Review and analyze any electronic or computerized features of
the system or device; and
(b) Prepare a report of the results of the examination for the
Secretary of State which includes a statement of his opinion regarding
the feasibility of using such a system or device during the elections of
this State with consideration for the safe and proper operation of the
system or device under the conditions prescribed by the applicable
election laws.
4. Any cost for the independent examination of a system or device
must be paid by the person who submits an application to have the system
or device approved by the Secretary of State.
5. The Secretary of State shall approve a mechanical voting system
or mechanical recording device for use during the elections of this State
if:
(a) The report prepared pursuant to subsection 3 states that the
system or device can be used safely and properly in this State; and
(b) He determines after he independently examines the system or
device that it can be used safely and properly in this State.
6. Before a city or county may change or improve a system or
device that has been approved by the Secretary of State, it must obtain
approval from the Secretary of State. If any change or improvement does
not comply with the requirements of this section, the Secretary of State
shall not approve the use or sale of any system or device that
incorporates the change or improvement in this State.
7. The Secretary of State may reexamine a system or device or any
part thereof at any time for the purpose of approving a change or
improvement or to ensure that the system or device continues to comply
with the election laws of this State.
8. The Secretary of State and any examiner of a system or device
must not have any pecuniary interest in the system or device examined.
9. The Secretary of State may establish regulations to carry out
the provisions of this section.
(Added to NRS by 1975, 1523; A 1985, 1100; 1995, 2787)
A mechanical voting system may be adopted for
some of the precincts or districts in the same county or city, while the
remainder of the precincts or districts in that county or city may be
furnished with paper ballots or any other mechanical voting system.
(Added to NRS by 1975, 1523; A 1977, 247; 1985, 1100; 1995, 2788)
The board of county commissioners, city
council or other governing body which adopts a mechanical voting system,
as soon as practicable after adopting it, shall provide for each polling
place one or more mechanical recording devices in complete working order.
When the devices are not in use at an election, the board, council or
governing body shall take custody of them and of the furniture and
equipment of the polling place.
(Added to NRS by 1975, 1524; A 1985, 1100)
The board of county commissioners of any
county or the city council or other governing body of any city, without
formally adopting a mechanical voting system which it might lawfully
adopt, may provide for its experimental use at an election in one or more
precincts. Its use at the election is as valid for all purposes as if it
were lawfully adopted.
(Added to NRS by 1975, 1524; A 1985, 1100)
1. The Secretary of State may purchase mechanical recording
devices and lease them to counties, giving priority to those counties
still using paper ballots.
2. The Secretary of State may pay for such devices purchased by
him out of any money specifically appropriated for that purpose by the
Legislature.
(Added to NRS by 1979, 497; A 1985, 1101)
1. The Secretary of State and each participating county shall
enter a written agreement designated as “Lease of Equipment with Option
to Purchase.” Each agreement must provide in substance:
(a) That the systems particularly described in the agreement are
leased by the State, as lessor, to the county, as lessee, for a term of 2
years from the date of the agreement, with an exclusive option in the
lessee to extend the term for like periods of 2 years at a time, for an
agreed maximum term not exceeding 20 years after the date of the
agreement.
(b) That the lessee will maintain and insure the systems for the
original term and each succeeding agreed term.
(c) That the aggregate of rental payments provided for under the
maximum term of the lease agreement must equal the aggregate of the
purchase price of the mechanical recording devices covered by the
agreement, together with all interest, shipping, installation and other
costs paid or agreed to be paid by the State. Upon payment of the latter
aggregate sum by any lessee to the State, the State shall forthwith
convey to that lessee legal title to the systems covered by the paid
agreement.
2. The Secretary of State shall promptly transmit all rental
payments received by him under all such agreements to the State General
Fund.
(Added to NRS by 1979, 497; A 1987, 713)
1. The cost of a mechanical voting system is a charge upon the
county or city adopting it.
2. The board of county commissioners or city council or other
governing body of any city may provide for the payment of the costs of
such a voting system in such manner and by such method as they consider
in the best local interests, and also may for that purpose issue bonds,
certificates of indebtedness, or other obligations which are a charge on
the county or city. The bonds, certificates or other obligations may be
issued with or without interest, payable at such time as the authorities
may determine, but may not be issued or sold at less than par.
(Added to NRS by 1975, 1524; A 1985, 1101)
COMPUTER PROGRAMS
1. Before any election where a mechanical voting system is to be
used, the county clerk shall prepare or cause to be prepared a computer
program on cards, tape or other material suitable for use with the
computer or counting device to be employed for counting the votes cast.
The program must cause the computer or counting device to operate in the
following manner:
(a) All lawful votes cast by each voter must be counted.
(b) All unlawful votes, including, but not limited to, overvotes
or, in a primary election, votes cast for a candidate of a major
political party other than the party, if any, of the registration of the
voter must not be counted.
(c) If the election is:
(1) A primary election held in an even-numbered year; or
(2) A general election,
Ê the total votes, other than absentee votes and votes in a mailing
precinct, must be accumulated by precinct.
(d) The computer or counting device must halt or indicate by
appropriate signal if a ballot is encountered which lacks a code
identifying the precinct in which it was voted and, in a primary
election, identifying the major political party of the voter.
2. The program must be prepared under the supervision of the
accuracy certification board appointed pursuant to the provisions of NRS
293B.140 .
3. The county clerk shall take such measures as he deems necessary
to protect the program from being altered or damaged.
(Added to NRS by 1975, 1525; A 1979, 1304; 1985, 1101; 1987, 357;
1989, 229; 1993, 2199; 1995, 2632; 1997, 1608, 3470; 1999, 679 )
1. A copy of each election computer program certified by the
accuracy certification board for an election in the State must be filed
with the Secretary of State at least 1 week before the election. Copies
of any subsequent alterations in the program must be filed in the same
manner before the election.
2. The copies of the programs filed pursuant to subsection 1 are
not public records and are not available for inspection by the public.
3. A copy of a program may be inspected:
(a) By the judge, body or board before whom an election is being
contested;
(b) Jointly by the parties to the contest if ordered by the judge,
body or board; or
(c) By any other person who is authorized by a court of competent
jurisdiction.
(Added to NRS by 1975, 1523; A 1989, 2171)
TESTING OF EQUIPMENT AND PROGRAMS
Before
conducting the test required pursuant to the provisions of NRS 293B.150
, the county or city clerk shall
appoint three persons, not more than two of whom are of the same
political party, to serve as an accuracy certification board. Not more
than two of the persons appointed to the board may be employees of the
county or city.
(Added to NRS by 1975, 1525; A 1987, 357; 1993, 2199)
1. The accuracy certification board shall observe the conduct of
the tests prescribed by NRS 293B.150
and 293B.165 .
2. Representatives of the various political parties, candidates
and the press may also observe the conduct of such tests.
(Added to NRS by 1975, 1526)
Not
earlier than 2 weeks before and not later than 5 p.m. on the day before
the first day of early voting, the county or city clerk shall test:
1. The mechanical recording device which directly records votes
electronically, if any; or
2. The automatic tabulating equipment and programs, if any,
Ê to ascertain that the device or equipment and programs will correctly
count the votes cast for all offices and on all measures.
(Added to NRS by 1975, 1526; A 1987, 357; 1997, 2786; 1999, 3554
)
1. The tests prescribed by NRS 293B.150 and 293B.165 must be conducted by processing a preaudited
group of logic and accuracy test ballots so punched, voted or marked as
to record a predetermined number of valid votes for each candidate and on
each measure, and must include for each office one or more ballots which
have votes in excess of the number allowed by law in order to test the
ability of the mechanical recording device or the automatic tabulating
equipment and programs to reject those votes.
2. If any error is detected, the cause therefor must be
ascertained and corrected and an errorless count must be made before the
mechanical recording device or the automatic tabulating equipment and
programs are approved.
3. When satisfied with the accuracy of the mechanical recording
device or automatic tabulating equipment and computer program, the
accuracy certification board and the county or city clerk shall date and
sign all reports, and seal the program, if any, and the reports and all
test material in an appropriate container. The container must be kept
sealed by the clerk.
4. Except as otherwise provided in this subsection, the contents
of such a sealed container are not subject to the inspection of anyone
except in the case of a contested election, and then only by the judge,
body or board before whom the election is being contested, or by the
parties to the contest, jointly, pursuant to an order of that judge, body
or board. For the period set forth in NRS 293.413 during which a candidate may file a statement
of contest, the results of the test must be made available in the clerk’s
office for public inspection.
(Added to NRS by 1975, 1526; A 1981, 1743; 1987, 358; 1989, 2171;
1995, 2788; 1999, 3554 )
If a mechanical voting system is
used whereby votes are cast by punching a card, the computer program and
the program card deck used for the test prescribed by NRS 293B.150 must be used to count those ballots which
were voted by punching a card for the election.
(Added to NRS by 1975, 1526; A 1995, 2789)
1. A test conducted in the manner prescribed in subsections 1 and
2 of NRS 293B.155 must be conducted
immediately before the start of the official count of the ballots and
again within 24 hours after the official count of the ballots.
2. Such tests must be certified by the accuracy certification
board.
(Added to NRS by 1975, 1526; A 2003, 1658 )
After the completion of the last logic and accuracy test, the programs
used, if any, and the logic and accuracy test ballots and the official
ballots shall be sealed, retained and disposed of in the manner provided
in NRS 293.391 for other ballots.
(Added to NRS by 1975, 1526; A 1999, 3555 )
BALLOTS
In
those districts or precincts in which a mechanical voting system is used,
the list of offices and candidates and the statements of measures
appropriate for use with that system in combination with the device upon
which a vote is registered is an official ballot.
(Added to NRS by 1975, 1524; A 1985, 1101)
The laws relating to mechanical voting
systems and paper ballots generally, so far as applicable, apply
respectively to that part voted upon mechanical recording devices and
that part voted upon paper.
(Added to NRS by 1975, 1524; A 1985, 1102)
If the ballot is larger than
the mechanical recording device can accommodate, the county or city clerk
may place it upon more than one device or place part of it upon the
recording device and the remainder upon paper.
(Added to NRS by 1975, 1524; A 1985, 1102; 1987, 358)
When used in primary elections, the list of offices and
candidates and the statements of measures to be voted on for each
mechanical recording device, except those devices intended solely for
nonpartisan voters, must be so arranged that it contains a page or pages
setting forth the ballot of one major political party only, followed by a
page or pages setting forth the nonpartisan ballot and so that the voter
may cast his partisan and nonpartisan votes on a single ballot but may
not cast his partisan votes for a candidate of another major political
party.
(Added to NRS by 1975, 1524; A 1985, 1102; 1989, 229)
The sample
ballots of mechanical voting systems must be open to public inspection at
the polling place during the election day.
(Added to NRS by 1975, 1524; A 1985, 1102)
The
sample ballots must be in full or reduced size and contain suitable
illustrated directions for voting on the mechanical recording device.
(Added to NRS by 1975, 1524; A 1985, 1102)
The officers charged with the duty of providing ballots for any polling
place shall provide the polling place with two sample ballots, which must
be arranged in the form of:
1. A booklet or full sheet of paper printed to display a facsimile
of the page or several pages which constitute the list of offices and
candidates and the statements of measures to be voted on which will be in
use at that election; or
2. A diagram showing that part of the face of the mechanical
recording device which will be used at that election containing the list
of offices and candidates and the statements of measures to be voted on.
(Added to NRS by 1975, 1524; A 1985, 1102; 1987, 111; 1989, 399;
1997, 765)
1. If a mechanical voting system is used whereby a vote is cast by
punching a card, the county or city clerk shall furnish sufficient lists
of offices and candidates and the statements of measures to be voted on
for the mechanical recording devices used at any election.
2. The Secretary of State shall provide to or reimburse each
county for all cards used in each primary or general election. Any
reimbursement must be paid from the Reserve for Statutory Contingency
Account upon recommendation by the Secretary of State and approval by the
State Board of Examiners.
(Added to NRS by 1975, 1524; A 1985, 1102; 1987, 112, 358; 1991,
1761; 1995, 2632)
PREPARATION FOR OPENING POLLS
The county or city clerk shall place the proper lists of
offices and candidates and the statements of measures to be voted on on
the mechanical recording devices, corresponding with the sample ballots
provided for in this chapter, and shall put the devices in order, ready
for use in voting.
(Added to NRS by 1975, 1526; A 1985, 1103; 1987, 358)
To
prepare the mechanical recording device for an election, the county or
city clerk shall employ competent persons who must be sworn to perform
their duties honestly and faithfully.
(Added to NRS by 1975, 1526; A 1985, 1103; 1987, 358)
The county or
city clerk shall not appoint any person to prepare any mechanical
recording device for an election unless he is fully qualified to perform
his duties in connection with the complete preparation of the devices for
the election and the instruction of the election officers and voters.
(Added to NRS by 1975, 1526; A 1985, 1103; 1987, 358)
The
assistants referred to in NRS 293B.225 and 293B.230 shall, under the direction of the county or
city clerk, prepare the mechanical recording devices for the election and
provide for the delivery of the devices to the polling places of the
election district in which the election is to be held, or to the custody
of the chairman of the election board, together with all furniture and
appliances necessary for the proper conduct of the election.
(Added to NRS by 1975, 1527; A 1985, 1103; 1987, 359)
In
preparing a mechanical recording device for an election, the county or
city clerk shall, according to the printed directions furnished,
thoroughly test the device and arrange it so that it will in every
particular meet with the requirements for voting and counting at the
election.
(Added to NRS by 1975, 1527; A 1985, 1103; 1987, 359)
Before preparing
mechanical recording devices for any election, the county clerk shall
mail written notices to the chairmen of the county central committees of
at least two of the principal political parties, stating the time and
place where the devices will be prepared. At the specified time, one
representative of each such political party must be afforded an
opportunity to see that the devices are in proper condition for use in
the election. The representatives shall not interfere with the persons
assigned to prepare the devices or assume any of their duties.
(Added to NRS by 1975, 1527; A 1985, 1103; 1987, 359)
If the voting booth in which
a mechanical recording device is to be installed is not equipped with a
light, the county or city clerk may provide a light and direct that it be
affixed to the booth or to the device.
(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)
The
booth in which a mechanical recording device is installed must be so
constructed that the rear and sides of the booth in combination with the
person of the voter hide the device from the view of persons other than
the voter.
(Added to NRS by 1975, 1527; A 1985, 1104)
Within a reasonable time before each election, the county or
city clerk shall instruct the members of the election board in the use of
the mechanical voting system and in their duties in connection therewith.
(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)
1. A member of an election board shall not serve in any election
at which a mechanical voting system is used unless he has received
instruction and is fully qualified to perform his duties in connection
with the system.
2. NRS 293B.220 to 293B.283
, inclusive, do not prevent the
appointment and service of a member of an election board to fill a
vacancy in an emergency.
(Added to NRS by 1975, 1527, 1528; A 1985, 1104; 2003, 1658 )
To give
instruction in the mechanical voting system, the county or city clerk
shall call any meeting of the election board which may be necessary. The
members of the election board of each election precinct in which such a
voting system is used shall attend any meeting called for the purpose of
receiving instruction concerning their duties and necessary for the
proper conduct of the election.
(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)
The county or city clerk shall keep a record of
attendance of those election officers receiving instruction in their
duties in connection with the mechanical voting system. The clerk shall
certify that the record is a list of election officers who have been
instructed pursuant to NRS 293B.260 .
The list, when so certified, is prima facie evidence that the election
officers have been properly instructed in their duties.
(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)
At each
polling place where a mechanical voting system is used whereby votes are
directly recorded electronically, the election board shall, before the
polls are open for the election, ensure that each mechanical recording
device will not register any ballots which were previously voted on the
device as having been voted on that day.
(Added to NRS by 1995, 2786)
CONDUCT OF VOTING
The open part of the booth containing the mechanical recording
device and every part of the polling place must be in plain view of the
election officers and watchers. The booth must be placed at least 4 feet
from the poll clerk’s table.
(Added to NRS by 1975, 1528; A 1985, 1105)
The election officers shall inspect each mechanical recording device
periodically during the day to see that the list of offices and
candidates and the statements of measures to be voted on is intact, and
that the device is otherwise in good working order.
(Added to NRS by 1975, 1528; A 1985, 1105)
After the opening of the polls, a member of the election board shall not
issue any voter a ballot nor allow him to enter the booth until they
ascertain that he is entitled to vote.
(Added to NRS by 1975, 1528; A 1985, 1105)
1. In a primary election, a member of the election board for a
precinct shall issue each partisan voter a ballot which contains a
distinctive code associated with the major political party of the voter
and on which is clearly printed the name of the party.
2. If a mechanical voting system is used in a primary election
whereby votes are directly recorded electronically, a member of the
election board shall, in addition to the ballot described in subsection
1, issue each partisan voter a voting receipt on which is clearly printed
the name of the major political party of the voter.
3. The member of the election board shall direct the partisan
voter to a mechanical recording device containing the list of offices and
candidates arranged for the voter’s major political party in the manner
provided in NRS 293B.190 .
(Added to NRS by 1975, 1525; A 1985, 1105; 1989, 229; 1995, 2789;
1997, 2786)
Unless a major political
party allows a nonpartisan voter to vote for its candidates:
1. In a primary election, a member of the election board for a
precinct shall issue each nonpartisan voter a ballot with a distinctive
code and printed designation identifying it as a nonpartisan ballot.
2. If a mechanical voting system is used in a primary election
whereby votes are directly recorded electronically, a member of the
election board shall, in addition to the ballot described in subsection
1, issue the nonpartisan voter a voting receipt with a printed
designation identifying it as a nonpartisan ballot.
3. The member of the election board shall:
(a) Direct the nonpartisan voter to a mechanical recording device
containing a list of offices and candidates setting forth only the
nonpartisan ballot;
(b) Direct the nonpartisan voter to a mechanical recording device
containing a list of offices and candidates arranged for a partisan
ballot, instruct the voter to vote only the nonpartisan section of the
list and advise the voter that any votes he may cast in the partisan
section will not be counted; or
(c) Issue a nonpartisan ballot attached to a sheet of foam plastic
or similar backing material, a punching instrument, a sample nonpartisan
ballot and an instruction sheet to the nonpartisan voter and instruct him
to punch his ballot by reference to the sample ballot.
(Added to NRS by 1975, 1525; A 1985, 1105; 1987, 360, 1373; 1989,
230; 1995, 2789; 1997, 2787)
In a primary election,
the county clerk may require those partisan voters in a precinct or
district whose political parties each comprise less than 5 percent of the
registered voters for that precinct or district to vote in the manner
prescribed for nonpartisan voters in NRS 293B.305 .
(Added to NRS by 1975, 1525; A 1987, 360)
Before each voter enters the voting booth, a member of the
election board shall, so far as possible, inform him how to operate the
mechanical recording device and illustrate its operation upon the
demonstration model of the device. If any voter, after entering the
voting booth, asks for information, a member of the election board shall
give him the necessary information.
(Added to NRS by 1975, 1528; A 1985, 1106)
PROCESSING OF BALLOTS
The county clerk may order deputized officers to pick up all voted
ballots from any or all of the precincts or districts after the polls
have been opened for 5 hours. At least two such officers who are not
members of the same political party shall deliver any ballots which are
picked up early to the central counting place. The various boards
operating the central counting place may begin to process those ballots
upon receipt, but no reports may be printed by the counting device or
computer until the polls have closed. Any ballots which are picked up
early must be transported to the central counting place in the manner
prescribed in NRS 293B.335 .
(Added to NRS by 1975, 1531; A 1985, 1106; 1987, 360; 1995, 2790)
1. Upon closing of the polls, the election board shall:
(a) Secure all mechanical recording devices against further voting.
(b) If a mechanical voting system is used whereby votes are cast by
punching a card:
(1) Count the number of ballots in the ballot boxes.
(2) Account for all ballots on the statement of ballots.
(3) Place all official ballots, the ballot statement and any
other records, reports and materials as directed by the county clerk into
the container provided by him to transport those items to a central
counting place and seal the container.
(c) If a mechanical voting system is used whereby votes are
directly recorded electronically:
(1) Ensure that each mechanical recording device:
(I) Provides a record printed on paper of the total
number of votes recorded on the device for each candidate and for or
against each measure; and
(II) Transfers the ballots voted on that device to the
storage device required pursuant to NRS 293B.084 .
(2) Count the number of ballots voted at the polling place.
(3) Account for all ballots on the statement of ballots.
(4) Place all records printed on paper provided by the
mechanical recording devices, all storage devices which store the ballots
voted on the mechanical recording devices, and any other records, reports
and materials as directed by the county clerk into the container provided
by him to transport those items to a central counting place and seal the
container.
(d) Record the number of voters on a form provided by the county
clerk.
2. If a difference exists between the number of voters and the
number of ballots voted, the election board shall report the difference
and any known reasons for the difference, in writing, to the county clerk.
3. After closing the polls, the election board shall:
(a) Compare the quantity of the supplies furnished by the county
clerk with the inventory of those supplies; and
(b) Note any shortages.
4. The county clerk shall allow members of the general public to
observe the handling of the ballots pursuant to subsection 1 if those
members do not interfere with the handling of the ballots.
(Added to NRS by 1975, 1528; A 1985, 1106; 1987, 360; 1991, 2226;
1995, 2790; 1997, 3470; 2001, 1951 )
1. The chairman and at least one other member of the election
board shall deliver the sealed container to a receiving center or to the
central counting place, as directed by the county clerk. If practicable,
the other board member must be of a different political party than the
chairman.
2. The chairman shall provide for the transportation or other
disposition of all other supplies and election materials as directed by
the county clerk.
3. Any member of the general public may observe the delivery of a
sealed container to a receiving center or to the central counting place
if he does not interfere with the delivery of the sealed container.
(Added to NRS by 1975, 1528; A 1987, 360; 1995, 2790; 1997, 3471)
The county or city clerk may provide that
an intermediate point other than the central counting place be designated
as a receiving center for ballots in transit. In that case, he shall
appoint officers to inspect seals, issue receipts, maintain logs and
effect the final transportation of ballots to the central counting place.
(Added to NRS by 1975, 1528; A 1987, 361)
The election board has no further responsibility for the care,
custody, security, tabulation or counting of ballots after the official
ballots have been delivered to a receiving center or to the central
counting place and a receipt has been issued for such ballots.
(Added to NRS by 1975, 1528)
The county or city clerk shall supervise the operation of the
central counting place.
(Added to NRS by 1975, 1528; A 1987, 361)
1. The county or city clerk shall allow members of the general
public to observe the counting of the ballots at the central counting
place if those members do not interfere with the counting of the ballots.
2. The county or city clerk may photograph or record or cause to
be photographed or recorded on audiotape or any other means of sound or
video reproduction the counting of the ballots at the central counting
place.
3. A registered voter may submit a written request to the county
or city clerk for any photograph or recording of the counting of the
ballots prepared pursuant to subsection 2. The county or city clerk
shall, upon receipt of the request, provide the photograph or recording
to the registered voter at no charge.
(Added to NRS by 1995, 2785)
1. The county clerk shall, not later than June 15 of each year in
which a general election is held, submit to the Secretary of State for
his approval a written plan for the accommodation of members of the
general public who observe the delivery, counting, handling and
processing of ballots at a polling place, receiving center or central
counting place.
2. The city clerk shall, not later than January 1 of each year in
which a general city election is held, submit to the Secretary of State
for his approval a written plan for the accommodation of members of the
general public who observe the delivery, counting, handling and
processing of the ballots at a polling place, receiving center or central
counting place.
3. Each plan must include:
(a) The location of the central counting place and of each polling
place and receiving center;
(b) A procedure for the establishment of areas within each polling
place and receiving center and the central counting place from which
members of the general public may observe the activities set forth in
subsections 1 and 2;
(c) The requirements concerning the conduct of the members of the
general public who observe the activities set forth in subsections 1 and
2; and
(d) Any other provisions relating to the accommodation of members
of the general public who observe the activities set forth in subsections
1 and 2 which the county or city clerk considers appropriate.
(Added to NRS by 1995, 2786; A 2005, 1438 )
When a computer or
counting device owned or leased by the State of Nevada is used to count
ballots, the county or city clerk and computer facility manager shall
determine that such use complies with the provisions of this chapter. The
clerk shall exercise his authority in a manner consistent with
established procedures for the operation and use of the computer, so far
as is practicable.
(Added to NRS by 1975, 1529; A 1987, 361)
1. To facilitate the processing and computation of votes cast at
any election conducted under a mechanical voting system, the county clerk
shall create a computer program and processing accuracy board, and may
create:
(a) A central ballot inspection board;
(b) An absent ballot mailing precinct inspection board;
(c) A ballot duplicating board;
(d) A ballot processing and packaging board; and
(e) Such additional boards or appoint such officers as he deems
necessary for the expeditious processing of ballots.
2. Except as otherwise provided in subsection 3, the county clerk
may determine the number of members to constitute any board. He shall
make any appointments from among competent persons who are registered
voters in this State. The members of each board must represent all
political parties as equally as possible. The same person may be
appointed to more than one board but must meet the particular
qualifications for each board to which he is appointed.
3. If the county clerk creates a ballot duplicating board, the
county clerk shall appoint to the board at least two members. The members
of the ballot duplicating board must not all be of the same political
party.
4. All persons appointed pursuant to this section serve at the
pleasure of the county clerk.
(Added to NRS by 1975, 1529; A 1981, 1701; 1985, 1106; 2001, 2033
)
The
central ballot inspection board shall:
1. Receive the ballots in sealed containers.
2. Inspect the containers, record the number indicated on each
container and its seal pursuant to NRS 293.462 and remove the ballots or storage devices
which store the ballots voted on mechanical recording devices which
directly record votes electronically.
3. Register the numbers of ballots by precinct.
4. Deliver any damaged ballots to the ballot duplicating board, if
the ballots were voted by punching a card.
5. Receive duplicates of damaged ballots from the ballot
duplicating board and place the duplicates with the voted ballots of the
appropriate precinct, if the ballots were voted by punching a card.
6. Place each damaged original ballot in a separate envelope and
note on the outside of the envelope the appropriate number of the
precinct, if the ballot was voted by punching a card.
7. Reject any ballot that has been marked in a way that identifies
the voter.
8. Place each rejected ballot in a separate envelope and note on
the outside of the envelope the appropriate number of the precinct and
the reason for the board’s rejection of the ballot, if the ballot was
voted by punching a card.
(Added to NRS by 1975, 1529; A 1985, 1107; 1995, 2791)
The absent ballot mailing precinct inspection board shall:
1. Perform functions similar to those of the central ballot
inspection board and the ballot duplicating board as those functions are
applicable to absent and mailing ballots.
2. Bundle the empty absentee and mailing return envelopes
according to ballot type or precinct and deliver the bundles to the
county clerk.
3. Treat any absentee or mailing envelope found not to contain a
ballot as a rejected ballot and place each such envelope in a separate
larger envelope on which must be written the ballot code or precinct and
the reason for the rejection.
(Added to NRS by 1975, 1529; A 1987, 697)
If ballots which
are voted by punching a card are used, the ballot duplicating board shall:
1. Receive damaged ballots, including ballots which have been
torn, bent or mutilated.
2. Receive cards with incompletely punched chips.
3. Prepare on a distinctly colored, serially numbered ballot
marked “duplicate” an exact copy of each damaged ballot.
4. In the case of a card with an incompletely punched chip:
(a) Remove the incompletely punched chip if:
(1) The chip has at least one corner that is detached from
the card; or
(2) The fibers of paper on at least one edge of the chip are
broken in a way that permits unimpeded light to be seen through the card;
or
(b) Duplicate the card without punching the location of the
incompletely punched chip if:
(1) The chip does not have at least one corner that is
detached from the card; and
(2) The fibers of paper on no edge of the chip are broken in
a way that permits unimpeded light to be seen through the card.
5. Record the serial number of the duplicate ballot on the damaged
original ballot and return the damaged and duplicate ballots to the
appropriate ballot inspection board.
6. Hold aside the duplicated ballots for counting after all other
ballots are counted if this procedure is directed by the county clerk.
(Added to NRS by 1975, 1529; A 1981, 1702; 1985, 1107; 1995, 2791;
2001, 2034 )
1. The ballot processing and packaging board must be composed of
persons who are qualified in the use of the data processing equipment to
be operated for the voting count.
2. The board shall:
(a) Allow members of the general public to observe the counting
area where the computers are located during the period when ballots are
being processed if those members do not interfere with the processing of
the ballots.
(b) Receive ballots and maintain groupings of them by precinct.
(c) Before each counting of the ballots or computer run begins,
validate the testing material with the counting program.
(d) Maintain a log showing the sequence in which the ballots of
each precinct are processed, as a measure to ensure that the ballots of
all precincts are processed.
(e) After each counting of the ballots, again verify the testing
material with the counting program to substantiate that there has been no
substitution or irregularity.
(f) Record an explanation of any irregularity that occurs in the
processing.
(g) If the election is:
(1) A primary election held in an even-numbered year; or
(2) A general election,
Ê ensure that a list is compiled indicating the total votes, other than
absentee votes and votes in a mailing precinct, which each candidate
accumulated in each precinct.
(h) Collect all returns, programs, testing materials, ballots and
other items used in the election at the computer center and package and
deliver the items to the county clerk for sealing and storage.
(Added to NRS by 1975, 1530; A 1979, 1305; 1985, 1107; 1995, 2633,
2791; 1997, 668, 671, 1608)
1. The county clerk shall appoint the members of the computer
program and processing accuracy board no later than 7 days before the
election in which they will serve.
2. The board shall verify that:
(a) Any invalid voting of a ballot will cause it to be rejected.
(b) Votes can be counted for each candidate and proposition.
(c) Any overvote for an office or proposition will cause a
rejection of the vote for that office or proposition.
(d) Where multiple votes may be cast, the maximum number of votes
permitted a voter cannot be exceeded without rejecting the vote for that
selection, but any undervote will be counted.
(e) Neither a voter’s omission to vote nor his irregular vote on
any particular office or proposition will prevent the counting of his
vote as to any other office or proposition on the ballot.
(Added to NRS by 1975, 1530; A 1981, 1702; 1985, 1108)
In addition to the duties prescribed in NRS 293B.145 , 293B.155 , 293B.165 and 293C.615 , the accuracy certification board shall
certify as to whether in their judgment the ballots were accurately
counted. If they determine an inaccuracy exists, they shall furnish a
written explanation for their determination.
(Added to NRS by 1975, 1531; A 1985, 1108; 1997, 3471)
1. Except as otherwise provided in this section, if a recount is
demanded pursuant to the provisions of NRS 293.403 or if an election is contested pursuant to NRS
293.407 , the county or city clerk shall
ensure that each mechanical recording device which directly recorded
votes electronically for the applicable election provides a record
printed on paper of each ballot voted on that device.
2. In carrying out the requirements of this section, the county or
city clerk shall:
(a) Print only the records required for the recount or contest; and
(b) Collect those records and deposit them in the vaults of the
county clerk pursuant to NRS 293.391 .
(Added to NRS by 1995, 2786; A 2003, 1658 )
