2005 Nevada Revised Statutes - Chapter 293B — Mechanical Voting Systems
CHAPTER 293B - MECHANICAL VOTING SYSTEMS
GENERAL PROVISIONS
NRS 293B.010 Definitions.
NRS 293B.027 Electionboard defined.
NRS 293B.032 Mechanicalrecording device defined.
NRS 293B.033 Mechanicalvoting system defined.
NRS 293B.050 Authorizationfor use of mechanical voting system.
NRS 293B.053 Applicabilityof chapter to city elections.
NRS 293B.055 Applicabilityof other statutes, charters and ordinances.
NRS 293B.060 Conflictinglaws inapplicable.
REQUIREMENTS
NRS 293B.063 Systemto meet or exceed standards established by Federal Election Commission pursuantto federal law.
NRS 293B.065 Privacyand independence.
NRS 293B.070 Fullchoice of candidates and measures.
NRS 293B.075 Fullchoice of candidates for offices; vote against all candidates.
NRS 293B.080 Straightor split ticket.
NRS 293B.082 Recordof votes cast; record printed on paper.
NRS 293B.084 Requiredfeatures and design of mechanical recording device which directly records voteselectronically; availability and use of paper record for manual audit andrecount.
NRS 293B.085 Severalelective to same offices; effect of overvote.
NRS 293B.090 Preventionof voting more than once.
NRS 293B.095 Measureson which voter is entitled to vote.
NRS 293B.100 Correctregistration or recording of votes.
NRS 293B.103 Detachablestubs on cards; voting receipts.
APPROVAL AND ADOPTION
NRS 293B.104 Secretaryof State not to approve system that does not meet federal standards.
NRS 293B.105 Purchase,adoption and use of mechanical voting system and mechanical recording device bylocal officers; approval of system or device by Secretary of State; change orimprovement of system or device; regulations.
NRS 293B.110 Adoptionof different voting devices for different precincts or districts.
NRS 293B.115 Provisionof mechanical recording devices for polling places; custody when not in use.
NRS 293B.120 Adoptionof mechanical voting system for experimental use in certain precincts.
NRS 293B.122 Purchaseof mechanical recording devices by Secretary of State for lease to counties.
NRS 293B.124 Leaseof mechanical recording devices by counties with option to purchase: Contentsof agreement; deposit of rental payments.
NRS 293B.125 Costof mechanical voting system; payment for system.
COMPUTER PROGRAMS
NRS 293B.130 Requirements.
NRS 293B.135 Filingbefore election; inspection.
TESTING OF EQUIPMENT AND PROGRAMS
NRS 293B.140 Appointmentof accuracy certification board.
NRS 293B.145 Observationof conduct of tests.
NRS 293B.150 Testsrequired before first day of early voting.
NRS 293B.155 Procedurefor conducting tests; inspection of results of test.
NRS 293B.160 Testprogram and card deck to be used for certain mechanical voting systems atelection.
NRS 293B.165 Testsrequired before and after counting of ballots; certification of tests byaccuracy certification board.
NRS 293B.170 Sealingand disposition of programs and ballots.
BALLOTS
NRS 293B.175 Officialballot in mechanical voting system.
NRS 293B.180 Applicabilityof provisions governing mechanical voting systems and paper ballots.
NRS 293B.185 Procedureto be followed if ballot larger than capacity of mechanical recording device.
NRS 293B.190 Primaryelections: Partisan and nonpartisan arrangement of list of candidates andmeasures to be voted on at election.
NRS 293B.195 Sampleballots: Open for inspection.
NRS 293B.200 Sampleballots: Size; instructions for voting.
NRS 293B.205 Sampleballots: Availability at polling place; form.
NRS 293B.210 Clerkto furnish lists of candidates and measures to be voted on at election;Secretary of State to provide to or reimburse county for cards used inelections.
PREPARATION FOR OPENING POLLS
NRS 293B.220 Preparationof mechanical recording devices for use in voting.
NRS 293B.225 Employmentof competent persons by clerk; oaths.
NRS 293B.230 Employmentof qualified persons only.
NRS 293B.235 Dutiesof assistants before opening polls.
NRS 293B.240 Testingof mechanical recording device by clerk.
NRS 293B.245 Examinationof mechanical recording devices by representatives of political parties beforeelection.
NRS 293B.250 Lightin voting booth.
NRS 293B.255 Boothmust conceal mechanical recording device.
NRS 293B.260 Instructionof members of election board before election.
NRS 293B.265 Uninstructedmembers not to serve; exception.
NRS 293B.270 Meetingsfor instruction; duty to attend.
NRS 293B.275 Recordof attendance at instructional meetings: Certification; effect.
NRS 293B.283 Electionboard to ensure ballots previously voted on mechanical voting system notrecorded as voted on that day.
CONDUCT OF VOTING
NRS 293B.285 Visibilityand placement of mechanical recording devices.
NRS 293B.290 Periodicinspection of mechanical recording devices.
NRS 293B.295 Exclusionof voter until right to vote ascertained.
NRS 293B.300 Primaryelections: Issuance of partisan ballot and receipt; directions to voter.
NRS 293B.305 Primaryelections: Issuance of nonpartisan ballot and receipt; alternative directionsto voters.
NRS 293B.310 Primaryelections: Optional manner of voting when party comprises less than 5 percentof voters.
NRS 293B.315 Informationconcerning operation of mechanical recording device to be given to voter beforehe enters booth; subsequent information.
PROCESSING OF BALLOTS
NRS 293B.325 Pickupand delivery; processing before polls close.
NRS 293B.330 Dutiesof election board upon and after closing of polls; public may observe handlingof ballots.
NRS 293B.335 Deliveryof ballots and election materials to receiving center or counting place;disposition of other materials; members of general public allowed to observedelivery.
NRS 293B.340 Intermediatepoint may be designated as receiving center; handling procedures.
NRS 293B.345 Boardrelieved of responsibility after delivery and receipt.
NRS 293B.350 Clerkto supervise operation of central counting place.
NRS 293B.353 Clerkto allow members of general public to observe counting of ballots at centralcounting place; members of general public allowed to photograph or otherwiserecord counting of ballots; request for photograph or recording of counting ofballots.
NRS 293B.354 Clerkto submit plans to Secretary of State for accommodation of members of generalpublic who observe delivery, counting, handling and processing of ballots.
NRS 293B.355 Responsibilityfor proper operation and use of computer or counting device owned or leased byState.
NRS 293B.360 Creationof special election boards; appointment of members to boards.
NRS 293B.365 Dutiesof central ballot inspection board.
NRS 293B.370 Dutiesof absent ballot mailing precinct inspection board.
NRS 293B.375 Dutiesof ballot duplicating board.
NRS 293B.380 Ballotprocessing and packaging board: Composition; duties.
NRS 293B.385 Computerprogram and processing accuracy board: Appointment; duties.
NRS 293B.390 Additionalduties of accuracy certification board.
NRS 293B.400 Paperrecord required in event of recount or contest of election; duty of clerk tocollect and deposit paper records.
_________
GENERAL PROVISIONS
NRS
(Added to NRS by 1975, 1522; A 1985, 1098; 1987, 357)
NRS
(Added to NRS by 1981, 1742; A 1987, 357)
NRS
1. Which mechanically or electronically compiles atotal of the number of votes cast for each candidate and for or against eachmeasure voted on; or
2. To which a list of offices and candidates and thestatements of measures to be voted on may be affixed and into which a card maybe inserted so that the votes cast for each candidate and for or against eachmeasure may be indicated by punching the card with reference to the list.
(Added to NRS by 1985, 1098)
NRS
1. On a device which mechanically or electronicallycompiles a total of the number of votes cast for each candidate and for oragainst each measure voted on; or
2. By punching a card or marking a paper ballot whichis subsequently counted on an electronic tabulator, counting device orcomputer.
(Added to NRS by 1985, 1098; A 1995, 2787)
NRS
(Added to NRS by 1975, 1522; A 1985, 1099)
NRS
(Added to NRS by 1997, 3470)
NRS
(Added to NRS by 1975, 1522; A 1985, 1099)
NRS
(Added to NRS by 1975, 1523; A 1985, 1099)
REQUIREMENTS
NRS
(Added to NRS by 1993, 2199; A
NRS
(Added to NRS by 1975, 1523; A 1985, 1099;
NRS
(Added to NRS by 1975, 1523; A 1985, 1099)
NRS
(Added to NRS by 1975, 1523; A 1985, 1099)
NRS
(Added to NRS by 1975, 1523; A 1985, 1099; 1995,2632)
NRS
(Added to NRS by 1995, 2785)
NRS
1. A mechanical recording device which directlyrecords votes electronically must:
(a) Bear a number which identifies that mechanicalrecording device.
(b) Be equipped with a storage device which:
(1) Stores the ballots voted on the mechanicalrecording device;
(2) Can be removed from the mechanical recordingdevice for the purpose of transporting the ballots stored therein to a centralcounting place; and
(3) Bears the same number as the mechanicalrecording device.
(c) Be designed in such a manner that voted ballots maybe stored within the mechanical recording device and the storage devicerequired pursuant to paragraph (b) at the same time.
(d) Be capable of providing a record printed on paperof:
(1) Each ballot voted on the mechanicalrecording device; and
(2) The total number of votes recorded on themechanical recording device for each candidate and for or against each measure.
2. The paper record described in paragraph (d) ofsubsection 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 arecount, as necessary.
(Added to NRS by 1995, 2786; A
NRS
(Added to NRS by 1975, 1523; A 1985, 1099)
NRS
(Added to NRS by 1975, 1523; A 1985, 1100)
NRS
(Added to NRS by 1975, 1523; A 1985, 1100)
NRS
(Added to NRS by 1975, 1523; A 1985, 1100)
NRS
1. If a mechanical voting system is used whereby votesare cast by punching a card:
(a) The cards to be used must have two detachablestubs.
(b) Each of the stubs attached to a particular cardmust bear the number of that card.
(c) One of the stubs must be detached and given to thevoter when he returns his voted ballot, and the other stub must be retained bythe election board.
2. If a mechanical voting system is used whereby votesare directly recorded electronically:
(a) A voting receipt which has two parts must be used.
(b) Each part of the voting receipt must bear the samenumber for identification.
(c) One part of the voting receipt must be given to thevoter when he votes and the other part of the voting receipt must be retainedby the election board.
(Added to NRS by 1983, 1289; A 1985, 1100; 1995,2787)
APPROVAL AND ADOPTION
NRS
(Added to NRS by 1993, 2198; A
NRS
1. The board of county commissioners of any county orthe city council or other governing body of any city may purchase and adopt foruse at elections any mechanical voting system and mechanical recording deviceif the system or device is:
(a) Approved by the Secretary of State pursuant to subsection2; or
(b) Specifically authorized by law.
The systemor device may be used at any or all elections held in the county or city, forvoting, registering and counting votes cast.
2. A person who owns or has an interest in amechanical voting system or mechanical recording device may submit anapplication to the Secretary of State to have the system or device examined forapproval for use during the elections of this State. The Secretary of Stateshall approve or disapprove the use of such a system or device not later than120 days after the application is submitted.
3. As a condition to approval, the person shall havethe system or device independently examined by a person approved by theSecretary of State. The examiner shall:
(a) Review and analyze any electronic or computerizedfeatures of the system or device; and
(b) Prepare a report of the results of the examinationfor the Secretary of State which includes a statement of his opinion regardingthe feasibility of using such a system or device during the elections of thisState with consideration for the safe and proper operation of the system ordevice under the conditions prescribed by the applicable election laws.
4. Any cost for the independent examination of asystem or device must be paid by the person who submits an application to havethe system or device approved by the Secretary of State.
5. The Secretary of State shall approve a mechanicalvoting system or mechanical recording device for use during the elections ofthis State if:
(a) The report prepared pursuant to subsection 3 statesthat the system or device can be used safely and properly in this State; and
(b) He determines after he independently examines thesystem or device that it can be used safely and properly in this State.
6. Before a city or county may change or improve asystem or device that has been approved by the Secretary of State, it mustobtain approval from the Secretary of State. If any change or improvement doesnot comply with the requirements of this section, the Secretary of State shallnot approve the use or sale of any system or device that incorporates thechange or improvement in this State.
7. The Secretary of State may reexamine a system ordevice or any part thereof at any time for the purpose of approving a change orimprovement or to ensure that the system or device continues to comply with theelection laws of this State.
8. The Secretary of State and any examiner of a systemor device must not have any pecuniary interest in the system or deviceexamined.
9. The Secretary of State may establish regulations tocarry out the provisions of this section.
(Added to NRS by 1975, 1523; A 1985, 1100; 1995,2787)
NRS
(Added to NRS by 1975, 1523; A 1977, 247; 1985, 1100;1995, 2788)
NRS
(Added to NRS by 1975, 1524; A 1985, 1100)
NRS
(Added to NRS by 1975, 1524; A 1985, 1100)
NRS
1. The Secretary of State may purchase mechanicalrecording devices and lease them to counties, giving priority to those countiesstill using paper ballots.
2. The Secretary of State may pay for such devicespurchased by him out of any money specifically appropriated for that purpose bythe Legislature.
(Added to NRS by 1979, 497; A 1985, 1101)
NRS
1. The Secretary of State and each participatingcounty shall enter a written agreement designated as Lease of Equipment withOption to Purchase. Each agreement must provide in substance:
(a) That the systems particularly described in theagreement are leased by the State, as lessor, to the county, as lessee, for aterm of 2 years from the date of the agreement, with an exclusive option in thelessee to extend the term for like periods of 2 years at a time, for an agreedmaximum term not exceeding 20 years after the date of the agreement.
(b) That the lessee will maintain and insure thesystems for the original term and each succeeding agreed term.
(c) That the aggregate of rental payments provided forunder the maximum term of the lease agreement must equal the aggregate of thepurchase price of the mechanical recording devices covered by the agreement,together with all interest, shipping, installation and other costs paid oragreed to be paid by the State. Upon payment of the latter aggregate sum by anylessee to the State, the State shall forthwith convey to that lessee legaltitle to the systems covered by the paid agreement.
2. The Secretary of State shall promptly transmit allrental payments received by him under all such agreements to the State GeneralFund.
(Added to NRS by 1979, 497; A 1987, 713)
NRS
1. The cost of a mechanical voting system is a chargeupon the county or city adopting it.
2. The board of county commissioners or city councilor other governing body of any city may provide for the payment of the costs ofsuch a voting system in such manner and by such method as they consider in thebest local interests, and also may for that purpose issue bonds, certificatesof indebtedness, or other obligations which are a charge on the county or city.The bonds, certificates or other obligations may be issued with or withoutinterest, payable at such time as the authorities may determine, but may not beissued or sold at less than par.
(Added to NRS by 1975, 1524; A 1985, 1101)
COMPUTER PROGRAMS
1. Before any election where a mechanicalvoting system is to be used, the county clerk shall prepare or cause to beprepared a computer program on cards, tape or other material suitable for usewith the computer or counting device to be employed for counting the votescast. The program must cause the computer or counting device to operate in thefollowing manner:
(a) All lawful votes cast by each voter must becounted.
(b) All unlawful votes, including, but not limited to,overvotes or, in a primary election, votes cast for a candidate of a majorpolitical party other than the party, if any, of the registration of the votermust not be counted.
(c) If the election is:
(1) A primary election held in an even-numberedyear; or
(2) A general election,
the totalvotes, other than absentee votes and votes in a mailing precinct, must beaccumulated by precinct.
(d) The computer or counting device must halt orindicate by appropriate signal if a ballot is encountered which lacks a codeidentifying 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 supervisionof the accuracy certification board appointed pursuant to the provisions of
3. The county clerk shall take such measures as hedeems 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;
NRS
1. A copy of each election computer program certifiedby the accuracy certification board for an election in the State must be filedwith the Secretary of State at least 1 week before the election. Copies of anysubsequent alterations in the program must be filed in the same manner beforethe election.
2. The copies of the programs filed pursuant tosubsection 1 are not public records and are not available for inspection by thepublic.
3. A copy of a program may be inspected:
(a) By the judge, body or board before whom an electionis being contested;
(b) Jointly by the parties to the contest if ordered bythe judge, body or board; or
(c) By any other person who is authorized by a court ofcompetent jurisdiction.
(Added to NRS by 1975, 1523; A 1989, 2171)
TESTING OF EQUIPMENT AND PROGRAMS
NRS
(Added to NRS by 1975, 1525; A 1987, 357; 1993, 2199)
NRS
1. The accuracy certification board shall observe theconduct of the tests prescribed by NRS293B.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)
NRS
1. The mechanical recording device which directlyrecords votes electronically, if any; or
2. The automatic tabulating equipment and programs, ifany,
to ascertainthat the device or equipment and programs will correctly count the votes castfor all offices and on all measures.
(Added to NRS by 1975, 1526; A 1987, 357; 1997, 2786;1999, 3554)
NRS
1. The tests prescribed by
2. If any error is detected, the cause therefor mustbe ascertained and corrected and an errorless count must be made before themechanical recording device or the automatic tabulating equipment and programsare approved.
3. When satisfied with the accuracy of the mechanicalrecording device or automatic tabulating equipment and computer program, theaccuracy certification board and the county or city clerk shall date and signall reports, and seal the program, if any, and the reports and all testmaterial in an appropriate container. The container must be kept sealed by theclerk.
4. Except as otherwise provided in this subsection,the contents of such a sealed container are not subject to the inspection ofanyone 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 tothe contest, jointly, pursuant to an order of that judge, body or board. Forthe period set forth in NRS 293.413during which a candidate may file a statement of contest, the results of thetest must be made available in the clerks office for public inspection.
(Added to NRS by 1975, 1526; A 1981, 1743; 1987, 358;1989, 2171; 1995, 2788;
NRS
(Added to NRS by 1975, 1526; A 1995, 2789)
NRS
1. A test conducted in the manner prescribed insubsections 1 and 2 of NRS 293B.155must be conducted immediately before the start of the official count of theballots and again within 24 hours after the official count of the ballots.
2. Such tests must be certified by the accuracycertification board.
(Added to NRS by 1975, 1526; A
NRS
(Added to NRS by 1975, 1526; A
BALLOTS
NRS
(Added to NRS by 1975, 1524; A 1985, 1101)
NRS
(Added to NRS by 1975, 1524; A 1985, 1102)
NRS
(Added to NRS by 1975, 1524; A 1985, 1102; 1987, 358)
NRS
(Added to NRS by 1975, 1524; A 1985, 1102; 1989, 229)
NRS
(Added to NRS by 1975, 1524; A 1985, 1102)
NRS
(Added to NRS by 1975, 1524; A 1985, 1102)
NRS
1. A booklet or full sheet of paper printed to displaya facsimile of the page or several pages which constitute the list of officesand candidates and the statements of measures to be voted on which will be inuse at that election; or
2. A diagram showing that part of the face of themechanical recording device which will be used at that election containing thelist 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)
NRS
1. If a mechanical voting system is used whereby avote is cast by punching a card, the county or city clerk shall furnishsufficient lists of offices and candidates and the statements of measures to bevoted on for the mechanical recording devices used at any election.
2. The Secretary of State shall provide to orreimburse each county for all cards used in each primary or general election.Any reimbursement must be paid from the Reserve for Statutory ContingencyAccount upon recommendation by the Secretary of State and approval by the StateBoard of Examiners.
(Added to NRS by 1975, 1524; A 1985, 1102; 1987, 112,358; 1991, 1761; 1995, 2632)
PREPARATION FOR OPENING POLLS
NRS
(Added to NRS by 1975, 1526; A 1985, 1103; 1987, 358)
NRS
(Added to NRS by 1975, 1526; A 1985, 1103; 1987, 358)
NRS
(Added to NRS by 1975, 1526; A 1985, 1103; 1987, 358)
NRS
(Added to NRS by 1975, 1527; A 1985, 1103; 1987, 359)
NRS
(Added to NRS by 1975, 1527; A 1985, 1103; 1987, 359)
NRS
(Added to NRS by 1975, 1527; A 1985, 1103; 1987, 359)
NRS
(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)
NRS
(Added to NRS by 1975, 1527; A 1985, 1104)
NRS
(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)
NRS
1. A member of an election board shall not serve inany election at which a mechanical voting system is used unless he has receivedinstruction and is fully qualified to perform his duties in connection with thesystem.
2. NRS 293B.220to 293B.283, inclusive, do not preventthe appointment and service of a member of an election board to fill a vacancyin an emergency.
(Added to NRS by 1975, 1527, 1528; A 1985, 1104;
NRS
(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)
NRS
(Added to NRS by 1975, 1527; A 1985, 1104; 1987, 359)
NRS
(Added to NRS by 1995, 2786)
CONDUCT OF VOTING
NRS
(Added to NRS by 1975, 1528; A 1985, 1105)
NRS
(Added to NRS by 1975, 1528; A 1985, 1105)
NRS
(Added to NRS by 1975, 1528; A 1985, 1105)
NRS
1. In a primary election, a member of the electionboard for a precinct shall issue each partisan voter a ballot which contains adistinctive code associated with the major political party of the voter and onwhich is clearly printed the name of the party.
2. If a mechanical voting system is used in a primaryelection whereby votes are directly recorded electronically, a member of theelection board shall, in addition to the ballot described in subsection 1,issue each partisan voter a voting receipt on which is clearly printed the nameof the major political party of the voter.
3. The member of the election board shall direct thepartisan voter to a mechanical recording device containing the list of officesand candidates arranged for the voters major political party in the mannerprovided in NRS 293B.190.
(Added to NRS by 1975, 1525; A 1985, 1105; 1989, 229;1995, 2789; 1997, 2786)
NRS
1. In a primary election, a member of the electionboard for a precinct shall issue each nonpartisan voter a ballot with adistinctive code and printed designation identifying it as a nonpartisanballot.
2. If a mechanical voting system is used in a primaryelection whereby votes are directly recorded electronically, a member of theelection board shall, in addition to the ballot described in subsection 1,issue the nonpartisan voter a voting receipt with a printed designationidentifying it as a nonpartisan ballot.
3. The member of the election board shall:
(a) Direct the nonpartisan voter to a mechanicalrecording device containing a list of offices and candidates setting forth onlythe nonpartisan ballot;
(b) Direct the nonpartisan voter to a mechanicalrecording device containing a list of offices and candidates arranged for apartisan ballot, instruct the voter to vote only the nonpartisan section of thelist and advise the voter that any votes he may cast in the partisan sectionwill not be counted; or
(c) Issue a nonpartisan ballot attached to a sheet offoam plastic or similar backing material, a punching instrument, a samplenonpartisan ballot and an instruction sheet to the nonpartisan voter andinstruct 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)
NRS
(Added to NRS by 1975, 1525; A 1987, 360)
NRS
(Added to NRS by 1975, 1528; A 1985, 1106)
PROCESSING OF BALLOTS
NRS
(Added to NRS by 1975, 1531; A 1985, 1106; 1987, 360;1995, 2790)
NRS
1. Upon closing of the polls, the election boardshall:
(a) Secure all mechanical recording devices againstfurther voting.
(b) If a mechanical voting system is used whereby votesare cast by punching a card:
(1) Count the number of ballots in the ballotboxes.
(2) Account for all ballots on the statement ofballots.
(3) Place all official ballots, the ballotstatement and any other records, reports and materials as directed by thecounty clerk into the container provided by him to transport those items to acentral counting place and seal the container.
(c) If a mechanical voting system is used whereby votesare directly recorded electronically:
(1) Ensure that each mechanical recordingdevice:
(I) Provides a record printed on paper ofthe total number of votes recorded on the device for each candidate and for oragainst each measure; and
(II) Transfers the ballots voted on thatdevice to the storage device required pursuant to
(2) Count the number of ballots voted at thepolling place.
(3) Account for all ballots on the statement ofballots.
(4) Place all records printed on paper providedby the mechanical recording devices, all storage devices which store theballots voted on the mechanical recording devices, and any other records,reports and materials as directed by the county clerk into the containerprovided by him to transport those items to a central counting place and sealthe container.
(d) Record the number of voters on a form provided bythe county clerk.
2. If a difference exists between the number of votersand the number of ballots voted, the election board shall report the differenceand 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 bythe county clerk with the inventory of those supplies; and
(b) Note any shortages.
4. The county clerk shall allow members of the generalpublic to observe the handling of the ballots pursuant to subsection 1 if thosemembers 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;
NRS
1. The chairman and at least one other member of theelection board shall deliver the sealed container to a receiving center or tothe central counting place, as directed by the county clerk. If practicable,the other board member must be of a different political party than thechairman.
2. The chairman shall provide for the transportationor other disposition of all other supplies and election materials as directedby the county clerk.
3. Any member of the general public may observe thedelivery of a sealed container to a receiving center or to the central countingplace 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)
NRS
(Added to NRS by 1975, 1528; A 1987, 361)
NRS
(Added to NRS by 1975, 1528)
NRS
(Added to NRS by 1975, 1528; A 1987, 361)
NRS
1. The county or city clerk shall allow members of thegeneral public to observe the counting of the ballots at the central countingplace if those members do not interfere with the counting of the ballots.
2. The county or city clerk may photograph or recordor cause to be photographed or recorded on audiotape or any other means ofsound or video reproduction the counting of the ballots at the central countingplace.
3. A registered voter may submit a written request tothe county or city clerk for any photograph or recording of the counting of theballots prepared pursuant to subsection 2. The county or city clerk shall, uponreceipt of the request, provide the photograph or recording to the registeredvoter at no charge.
(Added to NRS by 1995, 2785)
NRS
1. The county clerk shall, not later than June 15 ofeach year in which a general election is held, submit to the Secretary of Statefor his approval a written plan for the accommodation of members of the generalpublic who observe the delivery, counting, handling and processing of ballotsat a polling place, receiving center or central counting place.
2. The city clerk shall, not later than January 1 ofeach year in which a general city election is held, submit to the Secretary ofState for his approval a written plan for the accommodation of members of thegeneral public who observe the delivery, counting, handling and processing ofthe 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 ofeach polling place and receiving center;
(b) A procedure for the establishment of areas withineach polling place and receiving center and the central counting place fromwhich members of the general public may observe the activities set forth insubsections 1 and 2;
(c) The requirements concerning the conduct of themembers of the general public who observe the activities set forth insubsections 1 and 2; and
(d) Any other provisions relating to the accommodationof members of the general public who observe the activities set forth insubsections 1 and 2 which the county or city clerk considers appropriate.
(Added to NRS by 1995, 2786; A
NRS
(Added to NRS by 1975, 1529; A 1987, 361)
NRS
1. To facilitate the processing and computation ofvotes cast at any election conducted under a mechanical voting system, thecounty clerk shall create a computer program and processing accuracy board, andmay 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 ashe deems necessary for the expeditious processing of ballots.
2. Except as otherwise provided in subsection 3, thecounty clerk may determine the number of members to constitute any board. Heshall make any appointments from among competent persons who are registeredvoters in this State. The members of each board must represent all politicalparties as equally as possible. The same person may be appointed to more thanone board but must meet the particular qualifications for each board to whichhe is appointed.
3. If the county clerk creates a ballot duplicatingboard, the county clerk shall appoint to the board at least two members. Themembers of the ballot duplicating board must not all be of the same politicalparty.
4. All persons appointed pursuant to this sectionserve at the pleasure of the county clerk.
(Added to NRS by 1975, 1529; A 1981, 1701; 1985,1106; 2001, 2033)
NRS
1. Receive the ballots in sealed containers.
2. Inspect the containers, record the number indicatedon each container and its seal pursuant to NRS293.462 and remove the ballots or storage devices which store the ballotsvoted on mechanical recording devices which directly record votes electronically.
3. Register the numbers of ballots by precinct.
4. Deliver any damaged ballots to the ballotduplicating board, if the ballots were voted by punching a card.
5. Receive duplicates of damaged ballots from theballot duplicating board and place the duplicates with the voted ballots of theappropriate precinct, if the ballots were voted by punching a card.
6. Place each damaged original ballot in a separateenvelope and note on the outside of the envelope the appropriate number of theprecinct, if the ballot was voted by punching a card.
7. Reject any ballot that has been marked in a waythat identifies the voter.
8. Place each rejected ballot in a separate envelopeand note on the outside of the envelope the appropriate number of the precinctand the reason for the boards rejection of the ballot, if the ballot was votedby punching a card.
(Added to NRS by 1975, 1529; A 1985, 1107; 1995,2791)
NRS
1. Perform functions similar to those of the centralballot inspection board and the ballot duplicating board as those functions areapplicable to absent and mailing ballots.
2. Bundle the empty absentee and mailing returnenvelopes according to ballot type or precinct and deliver the bundles to thecounty clerk.
3. Treat any absentee or mailing envelope found not tocontain a ballot as a rejected ballot and place each such envelope in aseparate larger envelope on which must be written the ballot code or precinctand the reason for the rejection.
(Added to NRS by 1975, 1529; A 1987, 697)
NRS
1. Receive damaged ballots, including ballots whichhave been torn, bent or mutilated.
2. Receive cards with incompletely punched chips.
3. Prepare on a distinctly colored, serially numberedballot marked duplicate an exact copy of each damaged ballot.
4. In the case of a card with an incompletely punchedchip:
(a) Remove the incompletely punched chip if:
(1) The chip has at least one corner that isdetached from the card; or
(2) The fibers of paper on at least one edge ofthe chip are broken in a way that permits unimpeded light to be seen throughthe card; or
(b) Duplicate the card without punching the location ofthe incompletely punched chip if:
(1) The chip does not have at least one cornerthat is detached from the card; and
(2) The fibers of paper on no edge of the chipare broken in a way that permits unimpeded light to be seen through the card.
5. Record the serial number of the duplicate ballot onthe damaged original ballot and return the damaged and duplicate ballots to theappropriate ballot inspection board.
6. Hold aside the duplicated ballots for countingafter all other ballots are counted if this procedure is directed by the countyclerk.
(Added to NRS by 1975, 1529; A 1981, 1702; 1985,1107; 1995, 2791; 2001,2034)
NRS
1. The ballot processing and packaging boardmust be composed of persons who are qualified in the use of the data processingequipment to be operated for the voting count.
2. The board shall:
(a) Allow members of the general public to observe thecounting area where the computers are located during the period when ballotsare being processed if those members do not interfere with the processing ofthe ballots.
(b) Receive ballots and maintain groupings of them byprecinct.
(c) Before each counting of the ballots or computer runbegins, validate the testing material with the counting program.
(d) Maintain a log showing the sequence in which theballots of each precinct are processed, as a measure to ensure that the ballotsof all precincts are processed.
(e) After each counting of the ballots, again verifythe testing material with the counting program to substantiate that there hasbeen no substitution or irregularity.
(f) Record an explanation of any irregularity thatoccurs in the processing.
(g) If the election is:
(1) A primary election held in an even-numberedyear; or
(2) A general election,
ensure thata list is compiled indicating the total votes, other than absentee votes andvotes 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 packageand 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)
NRS
1. The county clerk shall appoint the members of thecomputer program and processing accuracy board no later than 7 days before theelection in which they will serve.
2. The board shall verify that:
(a) Any invalid voting of a ballot will cause it to berejected.
(b) Votes can be counted for each candidate andproposition.
(c) Any overvote for an office or proposition willcause a rejection of the vote for that office or proposition.
(d) Where multiple votes may be cast, the maximumnumber of votes permitted a voter cannot be exceeded without rejecting the votefor that selection, but any undervote will be counted.
(e) Neither a voters omission to vote nor hisirregular vote on any particular office or proposition will prevent the countingof his vote as to any other office or proposition on the ballot.
(Added to NRS by 1975, 1530; A 1981, 1702; 1985,1108)
NRS
(Added to NRS by 1975, 1531; A 1985, 1108; 1997,3471)
NRS
1. Except as otherwise provided in this section, if arecount is demanded pursuant to the provisions of
2. In carrying out the requirements of this section,the county or city clerk shall:
(a) Print onlythe records required for the recount or contest; and
(b) Collect those records and deposit them in thevaults of the county clerk pursuant to NRS293.391.
(Added to NRS by 1995, 2786; A
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